For the Defense - Vol. 7, Issue 4 - 50

yg
Commonwealth has done so. Essentially, a Rule 600
hearing should proceed in form almost identically
to a suppression hearing. If the judge asks you
to argue prior to the Commonwealth's evidence,
make it clear that you could not possibly argue
on behalf of your client until you know what the
Commonwealth's evidence of diligence is.
* If the Commonwealth appears at the Rule 600
hearing and does not present any evidence that
it acted with diligence-for instance, they did not
bring in the officer to testify to the attempts made
to find and apprehend the defendant-argue that
they have not met their burden because the burden
of proof includes the burden of production and
arguments of counsel are not evidence.
One question that remains is whether the Hyde Amendment
applies in situations where the defendant was convicted of
certain charges but acquitted of others. Many defense attorneys
have had prosecutors threaten to " pile on " charges to induce
their clients to plead guilty even though there was no evidence of
guilt for those counts. Can defense attorneys request reasonable
attorneys' fees for the counts dismissed by the Court, or where
the defendant was acquitted by the factfinder following trial?
Based upon existing law, the answer is no. Courts are likely to
conclude that it would be a logistical nightmare to decipher
attorneys' fees for the counts deemed frivolous.
Even though seldomly granted, Hyde Amendment motions are
still a weapon that should be used in appropriate cases. Defense
counsel should keep the Hyde Amendment in mind the next time
the government fails to produce Brady material or deliberately
fails to include in the summaries of witness interviews by
federal law enforcement (Memorandum of Interviews or 302s)
exculpatory information given by witnesses.
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HEXIDECIMAL
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Vol. 4, Issue 4 l For The Defense 9
About the Author
Defenders Office. She
handles appeals from all
units, juvenile to homicide,
and she also formulates
legal strategy for pre-trial
and trial units. Katherine graduated Magna Cum
Laude from Loyola Law School, New Orleans
in 2007 and was on law review. She practiced
at Kaufman, Coren & Ress in Philadelphia out
of law school, and thereafter did work in the
intersection of horseracing law and §1983 for a
number of years before following her passion
for indigent criminal defense.
Lourdes Sanchez Ridge, Esq.
is a partner at Pietragallo
Gordon Alfano Bosick &
Raspanti, LLP focused on
white-collar criminal defense.
Pub.L. 105-119, 111 Stat. 2440, 2519 (1997).
#153A5B
#EAC137
2 United States v Braunstein, 281 F.3d 982, 995 n. 10 (9th Cir.
2002) (citations omitted).
3
Braunstein, 281 F.3d at 995 (citations omitted).
4 Brady v United States, 397 U.S. 742 (1970).
5 Giglio v United States, 405 U.S. 150 (1972).
6
28 U.S.C. §2412.
7 United States v Reyes-Romero, 959 F.3d 80, 92 (3d. Cir. 2020).
8 United States v Gilbert, 198 F.3d 1293, 1304 (11th Cir. 1999).
9 Braunstein, 281 F.3d at 994.
10 28 U.S.C. § 2412(d)(2)(D).
11 Reyes-Romero, 959 F.3d at 98 (3d. Cir. 2020).
12
18 U.S.C. § 3306A.
13 Reyes-Romero, 959 F.3d. at 92 (quoting United States v. Manzo,
712 F.3d 805, 810 (3d Cir. 2013)).
14
2011)).
15
Id. (quoting United States v. Monson, 636 F.3d 435, 440 (8th Cir.
Id. citing Manzo at 810.
16 Id. at 98 (quoting United States v. Gilbert, 198 F.3d 1293, 1299
(11th Cir. 1999)) (brackets and bracketed text in original).
17
Id. at 98-99 (brackets and bracketed text added).
18 Id. at 99 (quoting Manzo, 712 F.3dat 810) (brackets and
bracketed text in original).
19
20 Id. at 87.
21 Id. at 86-87.
22 Id. at 88.
23 Id. at 87.
24 Id. at 91.
25 Id. at 84 and 91.
26 Id. at 96.
27 Id. at 97 - 98.
28 Id. at 100.
29 Id. at 108.
30 Id. at 997.
31 Id.
32 --- F.Supp. ---, 2019 WL 590224 (D. S.D. 2019).
33 Id. at *1.
34 Id. at *5.
35 Id. at *7.
Option 2:
Reyes-Romero, 959 F.3d at 84-85.
L. Erik Ringoen, CPA, CFF, ABV, CIRA Howard Silverstone, MBE, CPA, FCA
(856) 433-6059
eringoen@forensicresolutions.com
L. Erik Ringoen, CPA, CFF, ABV, CIRA
(856) 433-6059
(856) 857-0093
hsilverstone@forensicresolutions.com
eringoen@forensicresolutions.com
Howard Silverstone, MBE, CPA, FCA
(856) 857-0093
L. Erik Ringoen, CPA, CFF, ABV, CIRA
(856) 433-6059
eringoen@forensicresolutions.com
Howard Silverstone, MBE, CPA, FCA
(856) 857-0093
hsilverstone@forensicresolutions.com
hsilverstone@forensicresolutions.com
Option 1:
50 For The Defense l Vol. 7, Issue 4
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