Legal Opinion

United States v. Shoebridge

District Court, D. Arizona

Decided September 24, 2014No. 3:14 po 4253 PCT MEAPublished

1Opinion of the Court

MEMORANDUM AND ORDER

MARK E. ASPEY, United States Magistrate Judge.

Before the Court is Defendant’s motion (Doc. 6) to dismiss five Class B misdemeanor citations, see Doc. 1, filed against her on May 15, 2014. Defendant contends the charges must be dismissed because her right to counsel was violated by the government at the time of her arrest and detention.

Federal Rule of Criminal Procedure 12(b)(2) provides “[a] party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial of the general issue.” The “general issue” has been defined as…

2Cases cited28 opinions

  1. Rothgery v. Gillespie CountySupreme Court of the United States · 2008
  2. Lewis v. United StatesSupreme Court of the United States · 1998
  3. United States v. Lissette Christina NukidaCourt of Appeals for the Ninth Circuit · 1993
  4. McNutt v. Superior Court of State of Ariz.Arizona Supreme Court · 1982
  5. United States v. Christopher D. WilmerCourt of Appeals for the Ninth Circuit · 1986

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