LOUISIANA PUBLIC DEFENDER BOARD
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SAMPLE MOTIONS
1
MOTION TO PRECLUDE THE DISTRICT ATTORNEY'S OFFICE FROM SEEKING THE DEATH PENALTY AGAINST MR. CLIENT
2
MOTION TO QUASH AS UNCONSTITUTIONAL THE LOUISIANA CAPITAL MURDER STATUTE
3
MOTION TO BAR DEATH PENALTY AS CRUEL, UNUSUAL AND DEGRADING PUNISHMENT
4
MOTION TO PRECLUDE THE DEATH PENALTY ON THE GROUNDS OF RACIAL DISCRIMINATION
5
MOTION TO ASSURE THAT MITIGATING CIRCUMSTANCES RECEIVE THEIR DUE WEIGHT AND ATTENTION FROM THE JURY
6
NOTICE OF INTENT TO INTRODUCE CO-INDICTEES' SENTENCES
7
MOTION FOR JURY VIEW OF THE EXECUTION PROCESS
8
NOTICE OF INVOLVEMENT
9
DEMAND FOR NOTICE OF AGGRAVATING CIRCUMSTANCES
10
JACKSON DEMAND FOR NOTICE OF ANY BAD ACTS THAT THE STATE MAY WISH TO USE AT EITHER PHASE
11
DEMAND FOR BERNARD NOTICE & MOTION FOR DISCOVERY OF INFORMATION RELATING TO THE LESS AUSPICIOUS ASPECTS OF THE REPUTATION OF THE DECEASED IN THIS CASE
12
MOTION TO STRIKE INAPPLICABLE AGGRAVATING CIRCUMSTANCES
13
MOTION TO PRECLUDE THE STATE FROM RELYING ON ANY NON-STATUTORY AGGRAVATING CIRCUMSTANCES
14
MOTION TO PRECLUDE THE STATE FROM INTRODUCING VICTIM-IMPACT EVIDENCE
15
MOTION TO PRECLUDE MR. CLIENT'S EXECUTION ON THE BASIS OF INACCURATE SPECULATION CONCERNING PAROLE
16
MOTION TO EXCLUDE EVIDENCE OF PRIOR BAD ACTS
17
MOTION TO BAR INTRODUCTION OF ANY EVIDENCE RELATING TO UNCONSTITUTIONAL PRIOR CONVICTION
18
MOTION TO REQUIRE THE PROSECUTION TO RESPOND IN WRITING TO EVERY WRITTEN MOTION FILED BY THE DEFENSE
19
MOTION FOR COMPLETE RECORDATION OF ALL PRE-TRIAL AND TRIAL PROCEEDINGS
20
MOTION FOR LIMITED DAILY TRANSCRIPTS
21
ASSERTION OF RIGHT TO BE PRESENT
22
MOTION TO PRECLUDE MR. CLIENT FROM BEING SHACKLED IN PUBLIC
23
MOTION TO ALLOW ACCUSED TO APPEAR AT PRETRIAL HEARINGS AND TRIAL IN CIVILIAN CLOTHES, FOR FUNDS TO PURCHASE CLOTHES
24
MOTION TO REQUIRE CONSTITUTIONAL INCARCERATION
25
MOTION TO ENJOIN THE VICTIM'S FAMILY AND FRIENDS FROM SITTING DIRECTLY BEFORE THE JURY AND SHOWING EMOTION IN THE COURTROOM DURING THE TRIAL
26
MOTION TO PRECLUDE UNIFORMED POLICE OFFICERS FROM ATTENDING THE PROCEEDINGS AGAINST MR. CLIENT AND LIMIT THE SHOW OF FORCE IN THE COURTROOM
27
MOTION FOR BAIL AND/OR A PRELIMINARY HEARING
28
MOTION TO SEQUESTER WITNESSES PRIOR TO AND DURING THE TRIAL OF THIS CASE
29
MOTION TO ENJOIN THE PROSECUTION FROM INFORMING WITNESSES AS TO WHAT OTHER WITNESSES MAY HAVE SAID OR FROM PREPPING ITS WITNESSES TOGETHER
30
MOTION TO ADJOURN AT A REASONABLE TIME
31
NOTICE OF INTENTION TO FILE OTHER MOTIONS
32
EX PARTE MOTION FOR APPOINTMENT OF TWO COUNSEL
33
MOTION FOR ADEQUATE COMPENSATION OF COUNSEL
34
MOTION FOR PERMISSION TO PROCEED EX PARTE ON APPLICATIONS FOR FUNDS
35
EX PARTE MOTION FOR FUNDS FOR EXPERT ASSISTANCE IN THE FIELDS OF PSYCHIATRY/PSYCHOLOGY AND MITIGATION INVESTIGATION
36
MOTION FOR PERMISSION TO PROCEED EX PARTE ON APPLICATIONS FOR OUT-OF-STATE WITNESSES
37
EX PARTE MOTION FOR OUT-OF-STATE WITNESS
38
ORDER
39
CERTIFICATE OF MATERIALITY
40
MOTION FOR ORDER ALLOWING ACCESS TO PHYSICAL EVIDENCE
41
MOTION FOR DISCOVERY OF INFORMATION CONCERNING THE DNA TESTING PERFORMED IN THIS CASE
42
MOTION TO EXCLUDE LATTER-DAY VOODOO SEROLOGY EVIDENCE PROPOSED BY STATE EXPERTS
43
MOTION TO EXCLUDE BOGUS STATISTICAL EVIDENCE PROPOSED BY STATE EXPERTS
44
MOTION TO SUPPRESS HAIR RESULTS (IS THIS NINETEENTH CENTURY SCIENCE OR TWENTIETH CENTURY VOODOO?)
45
MOTION FOR DISCLOSURE OF ANY POSSIBLE BASIS OF JUDICIAL RECUSAL
46
MOTION FOR JUDICIAL RECUSAL
47
MOTION FOR DISCOVERY OF ANY POSSIBLE BASIS FOR DISQUALIFICATION OF THE PROSECUTING ATTORNEY
48
MOTION FOR DISCOVERY OF INFORMATION NECESSARY TO A FAIR TRIAL
49
MOTION TO REVEAL THE DEAL
50
MOTION TO REVEAL LAW ENFORCEMENT REPORTS
51
MOTION TO REVEAL RAP SHEETS AND NCIC REPORTS
52
DEMAND FOR DISCOVERY OF EVIDENCE RELEVANT TO POSSIBLE MITIGATING CIRCUMSTANCES
53
MOTION TO SUPPRESS STATEMENTS
54
MOTION TO SUPPRESS EVIDENCE
55
MOTION TO SUPPRESS EVIDENCE SEIZED AFTER ILLEGAL ARREST
56
MOTION TO SUPPRESS IDENTIFICATION EVIDENCE
57
MOTION TO SUPPRESS PSYCHIATRIC EVIDENCE
58
MOTION TO PRECLUDE CREATION OF SNITCH TESTIMONY
59
MOTION TO EXCLUDE ACCOMPLICE/SNITCH TESTIMONY
60
MOTION TO CONTROL PREJUDICIAL PUBLICITY
61
ORDER
62
MOTION FOR CHANGE OF VENUE
63
MOTION FOR CONTINUANCE
64
MOTION TO REMEDY PROSECUTORIAL ABUSE
65
MOTION FOR A TRANSCRIPT OF THE GRAND JURY PROCEEDINGS OR TO DISMISS THE INDICTMENT, OR: THE GRAND JURY WAS ORIGINALLY INTENDED TO PROTECT THE ACCUSED, AND IT IS TIME TO TAKE IT BACK
66
MOTION TO DISMISS THE INDICTMENT ON ACCOUNT OF ABUSE OF THE GRAND JURY PROCESS
67
MOTION TO QUASH THE INDICTMENT
68
PRELIMINARY MOTION TO QUASH THE INDICTMENT AND CHALLENGE TO THE COMPOSITION OF THE GRAND AND PETIT JURIES
69
MOTION TO QUASH INDICTMENT AND CHALLENGE TO COMPOSITION OF GRAND AND TRAVERSE JURY POOLS
70
MOTION TO QUASH THE INDICTMENT ON ACCOUNT OF DISCRIMINATION IN THE SELECTION OF GRAND JURY FOREPERSONS
71
MOTION FOR INDIVIDUAL SEQUESTERED VOIR DIRE
72
MOTION FOR ADEQUATE SEQUESTRATION OF JURORS
73
MOTION TO PRECLUDE THE STATE FROM USING PEREMPTORY CHALLENGES TO EXCLUDE POTENTIAL JURORS ON THE BASIS OF THEIR RACE
74
MOTION TO PRECLUDE THE STATE FROM USING PEREMPTORY CHALLENGES TO EXCLUDE POTENTIAL JURORS ON THE BASIS OF THEIR GENDER
75
MOTION TO SERVE JURY SUMMONS BY MAIL AND TO FORBID THE EXTRAJUDICIAL EXCLUSION OF ANY JUROR
76
MOTION FOR JURY QUESTIONNAIRE
77
JUROR INFORMATION QUESTIONNAIRE
78
MOTION FOR COMPENSATION OF JURORS AT CURRENT WAGES AND FOR REIMBURSEMENT TO PRIMARY CAREGIVERS FOR DAY CARE COSTS
79
MOTION FOR ADDITIONAL PEREMPTORY CHALLENGES
80
PETITION FOR SUPERVISORY WRITSTO VACATE ILLEGAL TRIAL DATE AND TO ALLOW A REASONABLE TIME TO PREPARE FOR TRIAL
81
APPLICATION FOR SUPERVISORY WRITS TO REVIEW ORDER DENYING MOTION TO BAR PROSECUTION UNDER DOUBLE JEOPARDY CLAUSE
82
MOTION TO PRODUCE NEGATIVES
83
MOTION TO SUPPRESS GRUESOME GUILT PHASE PHOTOGRAPHS & EVIDENCE
84
MOTION TO SUPPRESS GRUESOME PENALTY PHASE PHOTOGRAPHS & EVIDENCE
85
NOTICE OF PROPOSED STIPULATION
86
MOTION TO PROHIBIT PROSECUTORIAL MISCONDUCT
87
MOTION TO LIMIT REBUTTAL ARGUMENT
88
MOTION TO PRECLUDE PROSECUTION FROM CHANGING HORSE IN MIDSTREAM
89
NOTICE OF INTENTION TO USE PRIOR STATEMENTS OF GOVERNMENT REPRESENTATIVES AS SUBSTANTIVE EVIDENCE IN THIS CASE
90
MOTION TO REQUIRE THE STATE TO FURNISH PROPOSED JURY INSTRUCTIONS TWENTY-FOUR HOURS PRIOR TO TRIAL
91
OBJECTIONS TO THE STATE'S CENTRAL SENTENCING INSTRUCTION
92
MOTION FOR PROCESS INSTRUCTIONS
93
Sample Culpability Jury Instructions
94
Sample Penalty Jury Instructions