What is the test for a motion to dismiss a criminal charge of false imprisonment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Al Mudarris, 695 F.2d 1182 (9th Cir. 1983):
They will not invoke this harsh remedy lightly. One challenging an indictment carries a difficult burden. He must demonstrate that the prosecutor engaged in flagrant misconduct that deceived the grand jury or significantly impaired its ability to exercise independent judgment. United States v. Wright, 667 F.2d 793, 796 (9th Cir.1982). Appellants argue that prosecutorial conduct in this case fell to that level.
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