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Table of Contents
-
List of Forms by Chapter - Chapter 1 — Federal Criminal Jurisdiction
- Chapter 2 — Grand Jury Procedure
- Chapter 3 — Release and Detention Under the Bail Reform Act of 1984
- Chapter 4 — Initial Appearance and Preliminary Hearing
- Chapter 5 — Plea Bargaining
- Chapter 6 — Warrants and Motions To Suppress
- Chapter 7 — Pretrial Motions
- I. [7.1] Scope of Chapter
-
II. Practice with Respect to All Motions - III. [7.9] Federal Rule of Criminal Procedure 12 Motions
- [7.10] Mandatory Motions
- [7.11] Defects in Instituting the Prosecution
- [7.12] Misconduct Before the Grand Jury
- [7.13] Defects in the Grand and Petit Jury Selection Procedures
- [7.14] Unauthorized Prosecutor
- [7.15] Selective and Vindictive Prosecutions
- [7.16] Pretrial Delay
- [7.17] Other Defenses
- [7.18] Defects in the Indictment or Information
- [7.19] Jurisdiction
- [7.20] Failure To Allege an Offense
- [7.21] Constitutionality of Statute
- [7.22] Multiplicity and Duplicity
- [7.23] Motion To Suppress
- [7.24] Search and Seizure
- [7.25] Statements
- [7.26] Wiretaps
- [7.27] Return of Seized Property — Federal Rule of Criminal Procedure 41(g)
- [7.28] Joinder and Severance
- [7.29] Federal Rule of Criminal Procedure 8 — Joinder of Offenses or Defendants
- [7.30] Joinder of offenses
- [7.31] Joinder of defendants
- [7.32] Federal Rule of Criminal Procedure 13 — Joint Trial of Separate Cases
- [7.33] Federal Rule of Criminal Procedure 14 — Relief from Prejudicial Joinder
- [7.34] Severance Due to Codefendant’s Confession
- Motions for Discovery
- [7.35] Bill of Particulars
- [7.36] Inspection of Grand Jury Minutes (Federal Rule of Criminal Procedure 6(e)(3)(E)(i))
- [7.37] Federal Rule of Criminal Procedure 17 Subpoenas
- Other Motions
- [7.38] Recusal
- [7.39] Relevant Statutory Provisions
- [7.40] Procedure for Invoking 28 U.S.C. §§144 and 455
- [7.41] Standard of Proof
- [7.42] Extrajudicial Source Doctrine
- [7.43] Procedural Distinctions: Motions for Disqualification Based on Actual vs. Perceived Bias or Prejudice
- [7.44] Timing
- [7.45] Certification requirement
- [7.46] Appeal
- [7.47] Motion To Transfer (Federal Rule of Criminal Procedure 21)
- [7.48] Federal Rule of Criminal Procedure 21(a)
- [7.49] Federal Rule of Criminal Procedure 21(b)
- [7.50] Motion To Strike (Federal Rule of Criminal Procedure 7(d))
- [7.51] Federal Rule of Evidence 404(b)
- [7.52] Relevance Without a Propensity Inference
- [7.53] Federal Rule of Evidence 403 Balancing Test
- [7.54] Moving Away from Similarity and Timing
- [7.55] Undue Delay
- [7.56] Preindictment
- [7.57] Postarrest Delay in Presenting Charges
- Speedy Trial Act
- [7.58] In General
- Specific Provisions of the Speedy Trial Act
- [7.59] Judicial officer must set case for trial (18 U.S.C. §3161(a))
- Time Limits
- [7.60] Filing of indictment or information (18 U.S.C. §3161(b))
- [7.61] Commencement of trial (18 U.S.C. §3161(c))
- [7.62] Trial after dismissal of complaint (18 U.S.C. §3161(d)(1))
- [7.63] Trial after order granting new trial (18 U.S.C. §3161(e))
- [7.64] Additional conditions for time limit between arrest and indictment (18 U.S.C. §3161(f))
- [7.65] Additional conditions for time limits between arraignment and trial (18 U.S.C. §3161(g))
- [7.66] Delays that toll the statute (18 U.S.C. §3161(h))
- [7.67] Mental or physical examination of defendant (18 U.S.C. §3161(h)(1)(A))
- [7.68] Defendant on trial for other charges (18 U.S.C. §3161(h)(1)(B))
- [7.69] Interlocutory appeal (18 U.S.C. §3161(h)(1)(C))
- [7.70] Pretrial motions (18 U.S.C. §3161(h)(1)(D))
- [7.71] Transfer (18 U.S.C. §3161(h)(1)(E))
- [7.72] Transportation (18 U.S.C. §3161(h)(1)(F))
- [7.73] Plea agreement (18 U.S.C. §3161(h)(1)(G))
- [7.74] Proceeding under advisement (18 U.S.C. §3161(h)(1)(H))
- [7.75] Good conduct (18 U.S.C. §3161(h)(2))
- [7.76] Absence or unavailability of defendant or witness (18 U.S.C. §§3161(h)(3)(A), 3161(h)(3)(B))
- [7.77] Mental incompetence or physical inability (18 U.S.C. §3161(h)(4))
- [7.78] Reindictment (18 U.S.C. §3161(h)(5))
- [7.79] Joinder with codefendant (18 U.S.C. §3161(h)(6))
- [7.80] Ends of justice continuance (18 U.S.C. §3161(h)(7)(A))
- [7.81] Court congestion or government unprepared (18 U.S.C. §3161(h)(7)(C))
- [7.82] Evidence in foreign country (18 U.S.C. §3161(h)(8))
- [7.83] Withdrawal of plea (18 U.S.C. §3161(i))
- [7.84] Defendant serving term of imprisonment (18 U.S.C. §3161(j))
- [7.85] Burden of proof
- [7.86] Waiver
- Sanctions for Speedy Trial Act violations
- [7.87] Dismissal (18 U.S.C. §§3162(a)(1), 3162(a)(2))
- [7.88] Other sanctions (18 U.S.C. §3162(b))
- [7.89] Defendant causes delay
- [7.90] Competency
- [7.91] Evaluation of the Defendant
- [7.92] Evidentiary Hearing
- Brady, Giglio, and Jencks Act Motions
- [7.93] Brady v. Maryland
- [7.94] Suppression
- [7.95] Favorable to the defense
- [7.96] Materiality
- [7.97] Burden of proof
- [7.98] Giglio v. United States
- [7.99] Jencks Act
- [7.100] Double Jeopardy
- [7.101] Burden of Proof
- [7.102] Retrials and Mistrials
- IV. [7.103] Federal Rule of Criminal Procedure 12.1 — Notice of an Alibi Defense
- V. [7.104] Federal Rule of Criminal Procedure 12.2 — Notice of an Insanity Defense
- VI. [7.105] Federal Rule of Criminal Procedure 12.3 — Notice of a Public-Authority Defense
- Chapter 8 — Jury Selection and Instructions
- Chapter 9 — An Introductory Tour Through the Federal Sentencing Guidelines and Sentencing Procedures
- Chapter 10 — Posttrial Motions in Federal Criminal Cases
- Chapter 11 — Federal Habeas Corpus and Posttrial
- Chapter 12 — Appeals
Authors
Federal Criminal Practice 2023 Edition
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