Section 10.6 Pretrial Motions

• Library: App Ct Prac 2015 Supp

C. (§10.6) Pretrial Motions

Many matters may be raised pretrial. Among the pretrial motions that may be filed are motions:

· to dismiss;

· to strike;

· for a bill of particulars;

· attacking the composition of the grand jury; and

· for remand for a preliminary examination.

An attack on the sufficiency of the information or indictment may be unsuccessful in some instances when the defendant has failed to seek a bill of particulars. See State v. Austin, 861 S.W.2d 334, 336–37 (Mo. App. S.D. 1993). To preserve the issue of the denial of a speedy trial, it is necessary to file a demand for a speedy trial. See § 545.780, RSMo 2000; State v. Myszka, 16 S.W.3d 652, 658 (Mo. App. W.D. 2000). In other instances, a motion to quash or dismiss may be a prerequisite to preserving the issue. State v. Cobb, 898 S.W.2d 124 (Mo...