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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
152 VIII. There Is No Basis to Strike Any Portion of the Indictment 157 A. Relevant Facts 158 B. Applicable Law 159 C. Discussion 161 IX. The Defendant's Motion to Dismiss Count One or Count Three as '\lultiplicitous Is Premature 169 A. Relevant Facts 169 B. Applicable Law 170 C. Discussion 172 X. Th
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
in Counts One and Three and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they are
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
in Counts One and Three and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they are
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
limitations set forth in § 3283 applies to the crimes charged in Counts One through Four of the Indictment and her motion should be denied. III. The Defendant's Motion to Dismiss the Indictment Based on Alleged Improper Pre- Trial Delay Should Be Denied The defendant contends that the Indictment should be dismissed
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
ree and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. 168 EFTA00095260 IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they are
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
in Counts One and Three and pursuant to Rule 404(b), there is no basis to strike the allegations regarding Minor Victim-3 from the Indictment. IX. The Defendant's Motion to Dismiss Count One or Count Three as Multiplicitous Is Premature The defendant moves to dismiss Counts One or Three on the ground that they are
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