![]() (2) With regard to any charging document: ![]() (f) An unauthorized person was in the grand jury room during the presentation of evidence on the charge contained in the indictment, or during the grand jury's deliberations or voting. (e) The indictment was not found or returned as required by law or (d) Fewer than 12 grand jurors concurred in the finding of the indictment (c) The grand jury proceeding was conducted before fewer than 16 grand jurors (b) The grand jury was illegally constituted (a) The evidence admissible before the grand jury was not sufficient to establish an offense charged or any lesser or other included offense 2 and may be based on the following grounds without limit: Motion to Dismiss or for Appropriate Relief.Īll objections to the charging document must be made by motion under Rule 10.01, subd. ![]() (d) voluntarily waives the constitutional right to separate counsel. (c) has discussed the matter with defense counsel, or if the defendant wishes, with outside counsel and (b) understands the details of defense counsel's possible conflict of interest and the potential perils of such a conflict (a) has been advised of the right to effective representation (2) The court must elicit from each defendant in a narrative statement that the defendant: (c) give each defendant an opportunity to question the court on the complexities and possible consequences of dual representation. ![]() (b) advise each defendant of the potential danger of dual representation and (a) address each defendant personally on the record When two or more defendants are jointly charged or will be tried jointly under subdivision 2 or 4 of this rule, and two or more of them are represented by the same attorney, the following procedure must be followed before plea and trial. The court must sever defendants during trial, with the defendant's consent or on a finding of manifest necessity, if the court determines severance is necessary to fairly determine the guilt or innocence of one or more of the defendants. (3) Severance of Defendants During Trial. (b) a joint trial at which the statement is only received in evidence after all references to the defendant have been deleted, if the statement's admission with the deletions will not prejudice the defendant or (a) a joint trial at which the statement is not received in evidence If so, the court must require the prosecutor to elect one of the following options: On a defendant's motion for severance from a codefendant because a codefendant's out-of-court statement refers to but is not admissible against the defendant, the court must determine whether the prosecutor intends to offer the statement as evidence during its case in chief. (2) Severance from Codefendant because of Codefendant's Out-of-Court Statement. (c) during trial, with the defendant's consent or on a finding of manifest necessity, the court determines severance is necessary to fairly determine the defendant's guilt or innocence of each offense or charge. (b) before trial, the court determines severance is appropriate to promote a fair determination of the defendant's guilt or innocence of each offense or charge or (a) the offenses or charges are not related On motion of the prosecutor or the defendant, the court must sever offenses or charges if:
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