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s that, "while not the equivalent of criminal a post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thorn v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]se
14 Rakas v. Illinois, 439 U.S. 128 (1978) 115, 116,118 Ratzlal.v. United States, 510 U.S. 135 (1994) Rawlings v. Kentucky, 448 U.S. 98 (1980) Richardson v. Marsh, 165 116 481 U.S. 200 (1987) 212 Rivera v. United States, 928 F.2d 592 (2d Cir. 1991) 168, 172 Rochin, 342 U.S., 72 S. Ct. 205 153 Rosencr
. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
ed in Count Six. Id. ¶ 23. If the Court severs the Indictment into two trials, it will require Minor Victim-2 to testify about her abuse twice. Cf. Richardson v. Marsh, 481 U.S. 200, 210 (1987) (recognizing that joint trials of multiple defendants avoid "requiring victims and witnesses to repeat the inconvenience
. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
ed in Count Six. Id. ¶ 23. If the Court severs the Indictment into two trials, it will require Minor Victim-2 to testify about her abuse twice. Cf. Richardson v. Marsh, 481 U.S. 200, 210 (1987) (recognizing that joint trials of multiple defendants avoid "requiring victims and witnesses to repeat the inconvenience
that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel
439 U.S. 128 (1978) 82, 83 Ratzlaf v. United States, 510 U.S. 135 (1994) 112 vii EFTA00095074 Rawlings v. Kentucky, 448 U.S. 98 (1980) 83 Richardson v. Marsh, 481 U.S. 200 (1987) 142 Rivera v. United States, 928 F.2d 592 (2d Cir. 1991) 114, 116 Rochin, 342 U.S., 72 S. Ct. 205 105 Rosencrans v. Uni
the counts would waste judicial resources by requiring a second trial at 53 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
ed in Count Six. Id. ¶ 23. If the Court severs the Indictment into two trials, it will require Minor Victim-2 to testify about her abuse twice. See Richardson v. Marsh, 481 U.S. 200, 210 (1987) (recognizing that joint trials of multiple defendants avoid "requiring victims and witnesses to repeat the inconvenience
d. at 538-39. "[L]ess drastic measures ... such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),
ed in Count Six. Id. ¶ 23. If the Court severs the Indictment into two trials, it will require Minor Victim-2 to testify about her abuse twice. Cf. Richardson v. Marsh, 481 U.S. 200, 210 (1987) (recognizing that joint trials of multiple defendants avoid "requiring victims and witnesses to repeat the inconvenience
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