01/29/2010 76 MOTION to Adopt Defendant Harris' Motion to Dismiss Counts 1s,2s,8s for duplicity by Darryl Horton. (Waldrop, Thomas) Modified on 1/29/2010 to update text per title of e-filed pleading (alc). (Entered: 01/29/2010)
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MOTION TO ADOPT DEFENDANT HARRIS’ MOTION TO DISMISS INDICTMENT ON GROUNDS OF DUPLICITY
COMES NOW, DARRYL HORTON, through undersigned counsel, and
moves the Court pursuant to LcrR 12.1(c) for leave to adopt codefendant
Rufus Paul Harris’s Motion to Dismiss Indictment on
Grounds of Duplicity [R69].
1.
Co-Defendant Rufus Paul Harris’s Motion to Dismiss Indictment
on Grounds of Duplicity was filed on or about January 28, 2010.
2.
Like Co-Defendant Mr. Harris, Mr. Horton is named in Counts
One and Two. As noted in Mr. Harris’ motion, the grounds for
dismissal are integral to the defense not only of Mr. Harris, but
also Mr. Horton. The Defendant’s request to adopt this motion
filed by Mr. Harris is warranted and permissible and serves to
avoid burdening the court with repetitive and duplicative
pleadings.
3.
This motion to adopt should be granted in the interest of
justice. Moreover, this motion to adopt his co-defendant’s motion
assures Mr. Horton of receiving effective assistance of counsel and
due process of law.
WHEREFORE, Darryl Horton respectfully requests that he be
given leave to adopt the above referenced motion of his codefendant,
Mr. Harris.
Respectfully submitted, this 29th day of January, 2010.
Respectfully submitted,
s/ Jake Waldrop
JAKE WALDROP
GEORGIA STATE BAR NO. 731117
ATTORNEY FOR DARRYL HORTON
Federal Defender Program, Inc.
Suite 1700, The Equitable Building
100 Peachtree Street, N.W.
Atlanta, Georgia 30303
(404) 688-7530
Jake_Waldrop@fd.org |
