July 30, 2012, 16:18
Rob HennekeRemoval to Federal Court
Has anyone had a criminal defendant file a Notice of Removal to federal court of their pending criminal matter? If so, how did you respond?
July 30, 2012, 17:11
Andrea WHaven't had to do this in a few years, but as I recall it's an automatic removal, so be sure to stay things in your court. The magistrates often send it back without you having to file anything, but you can file a simple response that this is a state criminal matter and the federal court lacks jurisdiction.
August 07, 2012, 10:54
Martha W. WarnerMost of the time the Feds swoop in and grab a good case while we are holding them on an Indicted charge. I usually get a courtesy call when they have finished. Some are not worth prosecuting on our State charge but others need local Justice and we are bringing them back to add to their misery.
August 08, 2012, 14:08
Boyd KennedyFor a removal case with interesting facts and entertaining opinion, see State v. Carley, 885 F. Supp. 940.