Court Dismisses Most Serious Count Against Jose Padilla
A federal judge in Miami has dismissed the most serious count of Jose Padilla's terror indictment on grounds of multiplicity. David MarKus at the Southern District of Florida Blog has all the details -- and praise for the Bush-appointed judge who issued the decision.
Judge Marcia Cooke has dismissed Count I of the indictment against Jose Padilla because it is multiplicitous. In other words, Count I represents the same offense that is also charged in Counts II and III. An indictment is multiplicitous when it charges a single offense multiple times, in separate counts.
The dismissed count charged conspiracy to murder, kidnap, and maim persons in a foreign county, in violation of 18 U.S.C. 956(a)(1).
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