Ernst Mitchell Martzen’s Answers

Ernst Mitchell Martzen

Fort Worth Employment / Labor Attorney.

Contributor Level 3
  1. Can co-deffendants be severed in a federal case?

    Answered over 2 years ago.

    1. Ernst Mitchell Martzen
    2. Joshua Sabert Lowther
    3. Robert David Richman
    3 lawyer answers

    Under the Federal Rules of Criminal Procedure, a Federal court has the authority to sever trials "or provide any other relief that justice requires." I've included the link to the rule. However, severance is often difficult to obtain and depending on the facts of the case may or may not be advisable. According to the Court of Appeals for the Fifth Circuit, "bare allegations of potential prejudice from joinder of counts of indictment are insufficient to justify severance; defendant must...

    1 lawyer agreed with this answer

  2. Petitioner in Military, what if he has to leave before adjustment interview?

    Answered almost 3 years ago.

    1. Gen Kimura
    2. Ernst Mitchell Martzen
    3. Theodore John Murphy
    4. J Charles Ferrari
    4 lawyer answers

    Whatever immigration attorney you retain to help you with this problem, you should be sure that they are familiar with the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 501, et. seq, or that they collaborate with an attorney who is familiar with it. Although SCRA's application to cases like yours is complex, it should be looked-at because SCRA has important provisions regarding the stay of administrative proceedings involving a servicemember. This means servicemembers can sometimes...

    1 lawyer agreed with this answer