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This document is page 5 of a 45-page legal filing (Document 657) from the Ghislaine Maxwell case (1:20-cr-00330-AJN), filed on April 29, 2022. It outlines the 'Applicable law' regarding the Double Jeopardy Clause of the Fifth Amendment, specifically discussing 'multiplicitous' indictments and how courts determine if multiple conspiracy charges constitute the same offense. It cites various Second Circuit and Supreme Court precedents to establish the legal standard for reviewing such claims.
This document is page 5 of a legal filing (Document 122) from the case United States v. Ghislaine Maxwell (Case 1:20-cr-00330-AJN), filed on January 25, 2021. The text discusses legal arguments regarding double jeopardy and multiplicity, specifically citing the 'Blockburger test' and the 'Korfant factors' used by the Second Circuit to determine if multiple conspiracy charges constitute the same offense. It outlines eight specific factors courts use to analyze the interdependence and overlap of alleged conspiracies.
This legal document, filed on January 25, 2021, is a motion from Ms. Maxwell requesting the Court to dismiss Count One or Count Three of her Superseding Indictment. She argues that these counts are multiplicitous, charging the same offense twice, and thus violate the Double Jeopardy Clause of the Fifth Amendment. The document cites legal precedents to define multiplicity and explain its dangers.
This document is a 'Table of Authorities' from a legal filing in case 1:20-cr-00330-AJN, filed on January 25, 2021. It serves as an index, listing the legal precedents—including court cases, federal statutes, state law, and constitutional provisions—that are cited in the associated legal brief. The authorities listed are used to support the arguments made in the main document.
This legal document, page 8 of a filing in case 1:20-cr-00330-PAE dated April 29, 2022, analyzes the legal distinctions between two conspiracy charges, Count Three and Count Five. The author argues that despite being charged under the same statute, the counts are not multiplicitous because they have different statutory objectives, legal definitions (e.g., of a 'minor'), and required elements of intent, citing precedents like Macchia, Estrada, and Villa. The document refutes the Government's claim that a single distinguishing factor is dispositive in this analysis.
This document is a page from a legal filing (Case 1:20-cr-00330-PAE, Document 621) dated February 25, 2022. The author argues against a defendant's claim of multiplicity, urging the Court to apply the 'Korfant factors' for analyzing counts within the same indictment. The filing cites several legal precedents to support its position that the defendant's claim should be rejected because the counts are legally distinct.
This page is from a legal filing (Document 621) in the case US v. Ghislaine Maxwell (Case 1:20-cr-00330-PAE), filed on February 25, 2022. The text presents legal arguments citing Second Circuit precedents (specifically the 'Korfant factors') to argue that separate conspiracy counts are distinct and do not violate double jeopardy protections. The prosecution argues that Counts Three and Five charge different offenses and requests the Court reject the defendant's multiplicity claim.
This legal document page outlines the applicable law concerning the Double Jeopardy Clause of the Fifth Amendment, specifically addressing multiplicitous charges. It defines a multiplicitous indictment as one that charges a single crime in multiple counts and cites several legal precedents (e.g., North Carolina v. Pearce, United States v. Chacko) to explain that a defendant cannot be punished multiple times for the same offense. The document clarifies the legal standard for a multiplicity claim and the procedural remedies courts should use to protect a defendant's rights.
This document is page xiii from a legal filing, specifically a Table of Authorities from Document 204 in case 1:20-cr-00330-PAE, filed on April 16, 2021. It lists numerous U.S. federal court cases cited within the larger document, providing the case name, legal citation, and the page numbers where each case is referenced. The cases listed involve the United States as the plaintiff against various individual defendants.
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