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HEARNAP — Part 26
Page 23
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not only to render the trial in progress unlair, but also to make < |
a fair trial in the future imzossible.* “In re in re _Unit®d.states, 286
F. 24 556, 562 n. 5 (Ist Cir., 1951). ‘The 2 aces Ge Misra vu, iigbehavior. are “ss ]
RR a ae Ie A he TE CRC
amoly detailed, their illegality is odvious, and th ir tei ep
wt kh tf
‘these proceedings is so thorough that remedies less drastic fan
dismissal are inadequate. A basis for dismissal has been ‘establish
a1
ed and the Court should order accordingly.
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[AR SET et kee
- conpuct? OF A_TYPE "HICH
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“PRE PROSECUTION'S Cass a“ ‘LEAD TO
w
my
’ A_DISMISSAL.
we
141)
cao ee
17% conduct @etailed ia th appanged affidavits and declarations, the
18: defendant must ‘not kear the ‘difficult if not impossible burden of
q.
29; proving that it has tainted the proceeding or the indictment. The
ry
20° government is by far the best situated to Produce the relevant evi-
Cir., 1972).
ixaised the inference that goveramental misconduct
aal proceeding, the Prosecution then bears the. bur-
den of showing the absence of taint. Xasticar v.'U.S., 406 U.S.
Seas ve US.
441, 460 asm. 0 es
«
assist them in the’ preparation of a leaa ay recognized
dcfense to criminal charges. Pitchess Suserior court, 13.3 cat.*
A SERESS BM. Superior court,
¢ Will v. Suverios Court, 112 Cal. Retr. 257 (L974yh
a A tery see, ——
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