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