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 and 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 attorney from participating in the case as 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 attorney was either, so inexperienced, so ineffective, or had reason to purposely fail during previous pretrial hearing and motions in attempt to receive greater compensation for his representation?

3. If an attorney 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 attorney be bound by the preceding attorney's mistakes and misconduct?

4. If a defendant learns, subsequent omnibus motion and hearings, that police exceeded the bounds of a search warrant, and as a result of these actions 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?

New York State
* Last updated by: LESLIE6 on 2/14/2014 @ 7:19 PM *