DOJ-OGR-00000645.jpg
625 KB
Extraction Summary
2
People
3
Organizations
1
Locations
2
Events
0
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
625 KB
Summary
This document is a page from a legal transcript or filing where the speaker argues that a court must independently evaluate a government's motion to dismiss and is required to consider the victims' views before making a decision. The speaker cites the case of United States v. Heaton and the expert opinion of former Judge Paul G. Cassell, who concluded that the Crime Victims' Rights Act gives victims broad rights in such matters. The speaker expresses full agreement with this viewpoint, despite some factual differences between the current case and the Heaton case.
People (2)
| Name | Role | Context |
|---|---|---|
| Heaton | defendant |
Mentioned as the defendant in the case 'United States v. Heaton', where the government filed a motion to dismiss a ch...
|
| Paul G. Cassell | district Judge / law professor |
Cited as a former district judge who is now a law professor at the University of Utah and an expert in victims' right...
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Mentioned as the plaintiff in the case 'United States v. Heaton'.
|
| University of Utah | educational institution |
Mentioned as the university where Paul G. Cassell is a law professor.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting service that transcribed the document.
|
Timeline (2 events)
The government filed a Rule 48 motion for leave to dismiss a charge against a defendant in the case United States v. Heaton.
A hearing is mentioned where the court should consider the views of the victims before deciding on a motion to dismiss.
victims
court
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the context of the University of Utah.
|
Key Quotes (3)
"It is also, in my view, required that the court consider the views of the victims in the case at the hearing and before deciding whether to grant the motion."Source
— Unknown (speaker in the transcript)
(The speaker is stating their opinion on the court's obligation to hear from victims before dismissing a case.)
DOJ-OGR-00000645.jpg
Quote #1
"under the Crime Victims' Rights Act, victims have broad rights that extend to a court's decision whether to grant a government motion to dismiss under Rule 48."Source
— Paul G. Cassell
(This is a summary of Judge Cassell's conclusion, which the speaker is citing as precedent or persuasive authority.)
DOJ-OGR-00000645.jpg
Quote #2
"I completely share that viewpoint in these circumstances, even though the facts of our case, as I said, are somewhat different from those in Heaton."Source
— Unknown (speaker in the transcript)
(The speaker is aligning their own view with that of Judge Cassell regarding victims' rights.)
DOJ-OGR-00000645.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,598 characters)
Case 1:19-cr-00490-RMB Document 53 Filed 09/03/19 Page 7 of 86
J8RsEPS1
J8RsEPS1
1 court must still make its own independent determination. A
2 conclusory statement from the government that dismissal is
3 appropriate does not satisfy the court's obligations.
4 It is also, in my view, required that the court
5 consider the views of the victims in the case at the hearing
6 and before deciding whether to grant the motion. This is being
7 done here both as a matter of law and as a measure of respect
8 that we have for the victims' difficult decisions to come
9 forward in this matter.
10 In a case called United States v. Heaton,
11 H-e-a-t-o-n--, the government filed a Rule 48 motion for leave
12 to dismiss a charge against a defendant who allegedly committed
13 a sexual offense against a young victim. Although I should
14 point out, very importantly, that that defendant was still
15 alive, which distinguishes it from our case.
16 Nevertheless, I think it is irrelevant because in
17 evaluating the Rule 48 motion, then district Judge Paul G.
18 Cassell -- who is now a law professor at the University of Utah
19 and is regarded to be a noted expert in victims' rights --
20 concluded that under the Crime Victims' Rights Act, victims
21 have broad rights that extend to a court's decision whether to
22 grant a government motion to dismiss under Rule 48.
23 I completely share that viewpoint in these
24 circumstances, even though the facts of our case, as I said,
25 are somewhat different from those in Heaton. I believe it is
2 conclusory statement from the government that dismissal is
3 appropriate does not satisfy the court's obligations.
4 It is also, in my view, required that the court
5 consider the views of the victims in the case at the hearing
6 and before deciding whether to grant the motion. This is being
7 done here both as a matter of law and as a measure of respect
8 that we have for the victims' difficult decisions to come
9 forward in this matter.
10 In a case called United States v. Heaton,
11 H-e-a-t-o-n--, the government filed a Rule 48 motion for leave
12 to dismiss a charge against a defendant who allegedly committed
13 a sexual offense against a young victim. Although I should
14 point out, very importantly, that that defendant was still
15 alive, which distinguishes it from our case.
16 Nevertheless, I think it is irrelevant because in
17 evaluating the Rule 48 motion, then district Judge Paul G.
18 Cassell -- who is now a law professor at the University of Utah
19 and is regarded to be a noted expert in victims' rights --
20 concluded that under the Crime Victims' Rights Act, victims
21 have broad rights that extend to a court's decision whether to
22 grant a government motion to dismiss under Rule 48.
23 I completely share that viewpoint in these
24 circumstances, even though the facts of our case, as I said,
25 are somewhat different from those in Heaton. I believe it is
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00000645
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