United States v. Savage

Appellant was represented by a senior defense counsel and an experienced civilian lawyer. The defense counsel made numerous motions but did not make a multiplicity motion until after the Government rested its ease. The failure to make a motion to combine specifications based on multiplicity before the Government’s case concluded, or to ask for a bill of particulars in order to avoid the implications of having such a motion *246granted, were valid tactical decisions by the defense.

Had the defense made an earlier multiplicity motion or requested a bill of particulars, the Government might have…