PrairieWind
Verified Attorney
- Joined
- Oct 22, 2009
- Messages
- 6,652
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Holy crap! A motion for dismissal? Is this common for the defense to do at the end of state's case?
I know it is extremely unlikely but I took a deep breath when he mentioned it.
Yes, this motion is always made by defense at close of state's case. Defense really HAS to do it to preserve issues for appeal, otherwise an appellat court may just say, "hey, you should have moved for dismissal during the trial." I've seen a few get granted, but those are usually in small cases where a novice prosecutor just screwed up some evidentiary matter. TK and Price are far too good of attorneys for that to happen.