Prosecutorial misconduct can be defined as the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. Prosecutorial misconduct is a procedural defense; via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an "inappropriate" or "unfair" manner. Such arguments may involve allegations that the prosecution withheld evidence or knowingly permitted false testimony. This is similar to selective prosecution.
Indiana Motion to Dismiss, Quash, or Set Aside due to Abuse of Grand Jury and Prosecutorial Misconduct
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How to fill out Motion To Dismiss, Quash, Or Set Aside Due To Abuse Of Grand Jury And Prosecutorial Misconduct?
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Trial Rule 75(A) a case may be commenced in any court or county subject to transfer to a county of preferred venue or a change of venue from the county. all or some of the property is located or can be found if the case seeks only an in rem judgment against the property due to service by publication.
Trial Rule 11 of the Indiana Rules of Trial Procedure tracks Federal Rule 11 in stating that an attorney's signature on a pleading or motion "constitutes a certificate by him that he has read the pleadings; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is ...
Whenever a cause (including for this purpose a petition for post conviction relief) has been tried to the court and taken under advisement by the judge, and the judge fails to determine any issue of law or fact within ninety (90) days, the submission of all the pending issues and the cause may be withdrawn from the ...
(e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed.
In the event a court fails for thirty (30) days to set a motion for hearing or fails to rule on a motion within thirty (30) days after it was heard or thirty (30) days after it was filed, if no hearing is required, upon application by an interested party, the submission of the cause may be withdrawn from the trial ...
(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.
(d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the ...
Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.