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Judge holds motion to quash open, orders state to narrow indictment in James Rucker hazardous-waste case
Summary
At a lengthy hearing in the 252nd District Court, the judge kept defense counsel’s motion to quash an indictment in the case of James Rucker open and instructed prosecutors to amend the charging language to make the alleged statutory violation more specific.
Presiding Judge held a hearing on a motion to quash an indictment against James Rucker and ordered prosecutors to file a more specific amendment to the indictment within about one week.
The judge said the motion raised questions about the charging statute and the wording of the indictment and noted the motion cited statutory and pleading issues the court wanted clarified. The judge reviewed case law the parties cited and told the state to consider narrowing the language used to describe how the offense was committed.
Why it matters: The defendant argued that the indictment's wording—particularly the clause describing how the offense…
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