1. New york state
Can anyone answer these questions for me or direct me to someone that can? Thank you so much.
1. Upon a retrial, if a defendant filed a motion for dismissal of the original indictment, raising
defective indictment as a result of several issues of impropriety yet, the judge in rendering a decision to
dismiss the indictment, does so based on an issue of prosecutorial misconduct not raised but, located by
the same judge, why isn’t the prosecutor disqualified from prosecuting the case, no different than the
same judge refusing to allow the attny from participating in the case as of a result of an ineffective
assistance of counsel decision?
2. Do to the fact that a defendant is represented by new council at the time of re-indictment,
shouldn’t new council be entitled to new pretrial hearings where the previous attny was either, so
inexperienced, so ineffective, or had reason to purposely fail during previous pre-trials hearing and
motions in attempt to receive greater compensation for his representation?
3. If an attny fails to properly represent a client at pretrial proceedings, as well as trial, and as a
result of this misrepresentation, defendant receives a reversal, as well as dismissal of indictment
decision, should the second attny be bound by the preceding attnys mistakes and misconduct?
4. If defendant learns, subsequent omnibus motion and hearings had, that police exceeded the
bounds of a search warrant and as a result of these actions of their own, created inculpatory evidence,
planted evidence, and tailored evidence, what course of actions does the defendant have to obtain relief,
and at what points are remedy not available to defendant?
5. What advantage does a defendant hope to gain by filing for and receiving a dismissal of grand jury
indictment?
Sincerely, Randi J. Case---new york state