Epstein Secrets

ttributable to the government "only when it can be said that the State is responsible for the specific conduct of which the [defendant] complains." Blum v. Yaretsky, 457 U.S. 991, 1004 (1982) (emphasis in original). "Such responsibility is normally found when the State `has exercised coercive power or has provi

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

irectly rebutting the defendant's allegations, there is no material issue of fact sufficient to justify an evidentiary hearing. The defendant cites Franks v. Delaware, 438 U.S. 154 (1978), to suggest that a hearing is somehow warranted, but her motion falls far short of the Franks standard to obtain a hearing. "W

ttributable to the government "only when it can be said that the State is responsible for the specific conduct of which the [defendant] complains." Blum v. Yaretsky, 457 U.S. 991, 1004 (1982) (emphasis in original). "Such responsibility is normally found when the State `has exercised coercive power or has provi

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

ttributable to the government "only when it can be said that the State is responsible for the specific conduct of which the [defendant] complains." Blum v. Yaretsky, 457 U.S. 991, 1004 (1982) (emphasis in original). "Such responsibility is normally found when the State `has exercised coercive power or has provi

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

ttributable to the government "only when it can be said that the State is responsible for the specific conduct of which the [defendant] complains." Blum v. Yaretsky, 457 U.S. 991, 1004 (1982) (emphasis in original). "Such responsibility is normally found when the State `has exercised coercive power or has provi

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece

ttributable to the government "only when it can be said that the State is responsible for the specific conduct of which the [defendant] complains." Blum v. Yaretsky, 457 U.S. 991, 1004 (1982) (emphasis in original). "Such responsibility is normally found when the State 'has exercised coercive power or has provi

tain a Franks hearing, a defendant must make a "substantial preliminary showing," United States v. Falso, 544 F.3d 110, 125 (2d Cir. 2008) (quoting Franks v. Delaware, 438 U.S. 154, 155-56 (1978)), that (i) there were "inaccuracies or omissions" in the affidavit, (ii) "the alleged falsehoods or omissions were nece