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There is one final argument for disallowing pretrial appeals on speedy trial grounds.
Outside my office, we have a north-facing courtyard garden, part-experimental trial grounds and part-fernery.
In view of our resolution of the appealability issue, we do not reach the merits of respondent's motion to dismiss the indictment on speedy trial grounds.
Thus, any defendant can make a pretrial motion for dismissal on speedy trial grounds and, if § 1291 is not honored, could immediately appeal its denial.
Although the Government's delay in pressing formal civilian charges prevented MacDonald from filing a formal motion to dismiss on speedy trial grounds, he invoked his right in the only meaningful way open to him.
The Court of Appeals, by a divided vote, reversed the District Court's denial of respondent's motion to dismiss on speedy trial grounds and remanded the case with instructions to dismiss the indictment.
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The government banned the general from foreign travel and his trial ground slowly on.
But in recent weeks, the American government has renewed its pressure on the Afghans to endorse at least a trial ground-based spray program using glyphosate, a widely sold weed killer that has also been used in American-financed counternarcotics programs in the Andes and elsewhere.
Determining how the usual care interventions in pragmatic ceRCTs of usual care interventions ought to be conceptualized will therefore enable us to provide a systematic analysis of the SUPPORT trial, grounded in the relevant foundational ethical principles.
The defense knew the government would resist, and hoped that might persuade the judge to drop the charges on fair-trial grounds.
"What would indeed be unprecedented here would be dismissing this indictment on speedy-trial grounds," Mr. Farbiarz argued at one point.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com