State of Ohio v. Whitacre

Motion to Dismiss

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This is a motion to dismiss a perjury case after the prosecution admitted during the final pre-trial that they cannot prove the perjury charge and indicated that they wished to proceed to trial on a falsification charge that was not part of the original indictment. The events that would support a falsification charge occurred several months after the events detailed in the indictment for perjury. This is an impermissible (under the Fifth Amendment) broadening of the indictment.

I wrote this motion for filing by another attorney licensed in the State of Ohio.

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Published In: Constitutional Law Updates, Criminal Law Updates

Reference Info:Legal Memoranda: Pre-Trial Motions | State, 6th Circuit, Ohio | United States

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