Yesterday, Judge Troy Webber of Manhattan Criminal Court granted a prosecution motion for a 30-day extension to allow Utah authorities to submit paperwork in the case.
The verdict had been expected on Nov. 4 but was delayed after the prosecution filed a motion for the dismissal of the judge on the case, Dragan Garic, for bias.
On 27 November 2001, the Prosecution filed a motion for joinder pursuant to Rule 49, in which it sought to join the three indictments against Milošević into a single trial (Prosecutor v. Milošević, Milutinović, Šainović, Ojdanić, and Stojiljković 27 November 2001; Motion for Joinder 10 December 2001).
The charge was refused by the district attorney's office after Price filed a motion for a speedy trial, effectively calling the prosecution's bluff.
the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.
A motion by the prosecution for an anonymous jury in the racketeering trial of Philip Rastelli was denied yesterday by a Federal judge in Brooklyn.
824, 54 L.Ed.2d 719751975), we reviewed this Court's attempts to give content to the term "manifest necessity". That case, like Downum, supra, 8 arose from a motion of the prosecution for a mistrial, and we noted that the trial court's discretion must be exercised with a careful regard for the interests first described in United States v. Perez.
Already, the calls for prosecution have begun.
The prosecution has filed an emergency motion for reconsideration with the appeals court.
Where, on the other hand, a defendant successfully seeks to avoid his trial prior to its conclusion by a motion for mistrial, the Double Jeopardy Clause is not offended by a second prosecution.
