Also known as: multiplicity problem · multiplicity issues · multiplicity · multiplicitous · multiplicity doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A defect in an indictment or information that arises when the government charges the same offense in more than one count.
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Maria Morales operates an organic farm next to Matrix Technologies' chemical plant. Drift from the plant repeatedly contaminates her crops, threatening certification and contracts each season. She sues for nuisance and seeks an injunction. The court weighs whether damages would require multiple suits with hard-to-quantify losses and finds the remedy inadequate.
Michael Miller and his roommate share an apartment. Police ask the roommate for consent to search common areas while Michael is present and objects. The roommate agrees anyway. Officers find evidence and charge Michael. The validity of the search turns on whether one co-tenant can override the other's refusal.
Marcus Mitchell was convicted in state court. He files a federal habeas petition raising a constitutional claim already rejected on direct review. The district court must decide whether to revisit the issue under the standards for successive or abusive filings.
Miles Montgomery is tried for robbing one victim and acquitted. Prosecutors later charge him with robbing a second victim in the same incident. He moves to dismiss on collateral estoppel grounds. The court examines whether the first acquittal necessarily decided an issue essential to the second charge.
Mina Mehta is convicted after trial. Her appellate lawyer raises only two of four preserved issues. Mehta later claims ineffective assistance. The court assesses whether the omitted arguments were clearly stronger than those presented.
Musa Mensah agrees to help others assault federal officers. He does not know the victims are officers. Prosecutors charge conspiracy to assault federal officers. The court determines whether the government must prove Mensah knew the victims' official status.
Multiplicity occurs when the same offense is charged in more than one count. The rule allows a defendant to move to dismiss or consolidate counts before trial. This prevents improper multiple punishments or confusing verdicts.
Supporting sources
…(b) and 14 of the Federal Rules of Criminal Procedure. “The rules are designed to promote economy and efficiency and to avoid a multiplicity of trials, where these objectives can be achieved without substantial prejudice to the right of the defendants to a fair trial.” Daley v. United States , 231 F.2d 123, 125. An important…