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STATE OF RIDGEWAY SUPERIOR COURT
State of Ridgeway,
Plaintiff,
v.
Derhtram, Azlaewent_Ofiicial,
Defendant.
DOCKET NO. RSC-CM-3140
GOVERNMENT’S MOTION FOR LEAVE TO AMEND THE AFFIDAVIT OF
PROBABLE CAUSE, AND RESPONSE TO THE MOTION TO STRIKE AND DISMISS
State of Ridgeway, through the Department of Justice, requests that this Court grant the
motion for leave to amend the affidavit of probable cause and requests that this Court deny the
motion to dismiss and motion to strike.
I. Leave to cure defects within the affidavit is the proper remedy to this issue even if
the judicial officer’s attestation is required
If the affidavit must be sworn before an appropriate officer, leave to cure defects within
the affidavit should be granted as “[i]n the absence of prejudice to the opposing party, leave to
amend should be freely given” see Wyshak v. City Nat. Bank, 607 F.2d 826 (3rd Cir. 1979).
Because “dismissal without prejudice is not a toothless sanction,” as “it exposes the prosecution
to dismissal on statute of limitations grounds,” United States v. Taylor 487 U.S. 342, (1988), the
Court should entertain all options other than the Defendant’s requested dismissal.
Ultimately, the Defendant’s rights are not at all prejudiced by a lack of a signature. If
they are, the government's motion for leave to amend would resolve the defects and consequently
the Court should deny the motion to strike.
II. Even if the motion to strike is granted, the motion to dismiss must be denied
Leave to amend stricken filings is an expectation. When the State files its amended
affidavit, that is when the Court should reconsider the existence of probable cause, not
immediately after the affidavit is struck.
Respectfully submitted,
Date:
07/29/2024
/s/Commander1567
Assistant Attorney General
Ridgeway Department of Justice
Document record
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Uploaded
Jun 28, 2024 12:00 PM
Filed
Jun 28, 2024 12:00 PM
Filing code
CRIMINAL_COMPLAINT
Uploaded by
state of ridgeway
Notes
Derhtram response.pdf — archived from the Trello docket (https://trello.com/c/7KRSYeVo)
