State of Ohio v. Whitacre

Motion to Dismiss


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

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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