Maintained by the Office of the Appellate Defender
Please be aware that the briefs posted here may not represent the current state of the law applicable to a specific set of facts. While helpful as a starting point for research on a pending legal issue, briefs posted here are statements of the law as perceived by particular appellate counsel in the context of a particular case at some point in the past. They are not a substitute for thorough and independent research in the context of the facts of a pending case.
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Index
97.00
ABUSE, NEGLECT, AND DEPENDENCY
1.00
ALTERNATE
SUSPECT EVIDENCE
1.01 Relevancy
1.02 Adequacy of showing
2.00 APPEALS
2.01 Anders brief
2.02 Appeal bond
2.04 Appealable judgments and orders
2.06 Defendant’s escape during pendency of appeal
2.08 Existence of other remedy
2.10 Notice of appeal
2.11 Preservation of issues for appeal
2.12 Continuing or line objection
2.13 Insufficiency of the evidence
2.14 Instructional error
2.15 Motions in limine
2.17 Offer of proof
2.18 Otherwise preserved by rule or law without necessity of objection
2.19 Standards of review
2.20 Plain error
2.21 Structural error
2.22 Constitutional error
2.23 Reversible error per se
2.24 Chapman prejudicial error
2.25 Abuse of discretion
2.26 Remand
2.27 Rehearing
2.28 Successive appeals
2.29 Appeal by prosecutor
2.30 Transcript
2.32 Indigent entitlement to transcript
2.33 Failure to request recordation
2.34 Petition for writ of certiorari
2.35 Right to appeal
3.00 ARRAIGNMENT
4.00 ARREST
4.01 Probable cause
4.02 Adequacy of warrant
4.03 Warrantless arrest
4.04 Police authority
4.05 Hot pursuit
5.00 ARSON
5.01 First-degree arson
5.02 Instruction on
5.04 Indictment for
5.06 Second-degree arson
5.07 Instruction on
5.09 Indictment for
5.10 Lesser included offense
5.11 Burning public building, schoolhouse, bridge, fire station, factory, church, boat, etc.
5.12 Instruction on
5.14 Indictment for
5.15 Lesser included offense
5.16 Fraudulently burning a dwelling house
5.17 Instruction on
5.19 Indictment for
5.20 Lesser included offense
6.01 Deadly weapon
6.02 Assault inflicting serious injury
6.03 Instruction on
6.05 Indictment for
6.06 Lesser included offense
6.07 Assault inflicting serious bodily injury
6.08 Instruction on
6.10 Indictment for
6.11 Lesser included offense
6.12 Assault with a deadly weapon
6.13 Instruction on
6.15 Indictment for
6.17 Assault with a deadly weapon with intent to kill
6.18 Instruction on
6.20 Indictment for
6.21 Lesser included offense
6.22 Assault with a deadly weapon inflicting serious injury
6.23 Instruction on
6.25 Indictment for
6.27 Assault with a deadly weapon with intent to kill inflicting serious injury
6.28 Instruction on
6.30 Indictment for
6.32 Assault on a female
6.33 Instruction on
6.35 Indictment for
6.36 Lesser included offense
6.37 Maiming
6.38 Instruction on
6.40 Indictment for
6.41 Lesser included offense
6.42 Habitual misdemeanor assault
6.43 Instruction on
6.44 Insufficient evidence
6.45 Indictment for
6.46 Lesser included offense
6.47 Not habitual felony enhanceable
6.48 Double jeopardy
6.50 Instruction on
6.52 Indictment for
6.53 Lesser included offense
105.00 BAIL
105.01 Denial of
105.02 Conditions of Pretrial Release
105.03 Excessive
7.00 BAILIFF
8.00 BATSON
8.01 Prima facie showing
8.03 Burden of proving purposeful discrimination
9.00 BILL OF PARTICULARS
9.01 Abuse of discretion in failing to allow
9.02 Sufficiency of
10.00 BREAKING
OR ENTERING
10.01 Breaking or entering of building – felonious
10.02 Instruction on
10.03 Insufficient evidence
10.04 Indictment for
10.05 Lesser included offense
10.06 Breaking or entering of building – misdemeanor
10.07 Instruction on
10.08 Insufficient evidence
10.09 Indictment for
10.10 Lesser included offense
10.11 Breaking or entering vehicle
10.12 Instruction on
10.13 Insufficient evidence
10.14 Indictment for
10.15 Lesser included offense
10.16 Breaking out of a dwelling
10.17 Instruction on
10.18 Insufficient evidence
10.19 Indictment for
10.20 Lesser included offense
10.21 Breaking into coin-operated machine - felonious
10.22 Instruction on
10.23 Insufficient evidence
10.24 Indictment for
10.25 Lesser included offense
10.26 Safecracking
10.27 Instruction on
10.28 Insufficient evidence
10.29 Indictment for
10.30 Lesser included offense
11.00 BURGLARY
11.01 First-degree burglary
11.02 Instruction on
11.03 Insufficient evidence
11.04 Indictment for
11.05 Lesser included offense
11.06 Second-degree burglary
11.07 Instruction on
11.08 Insufficient evidence
11.09 Indictment for
11.10 Lesser included offense
11.11 Possession of burglar tools
11.12 Instruction on
11.13 Insufficient evidence
11.14 Indictment for
11.15 Lesser included offense
94.00 CHAIN OF CUSTODY
12.00 CHILD ABUSE
12.01 Child abuse inflicting serious injury
12.02 Instruction on
12.03 Insufficient evidence
12.04 Indictment for
12.05 Lesser included offense
12.06 Child abuse inflicting serious bodily injury or mental or emotional injury
12.07 Instruction on
12.08 Insufficient evidence
12.09 Indictment for
12.10 Lesser included offense
12.11 Child abuse – prostitution
12.12 Instruction on
12.13 Insufficient evidence
12.14 Indictment for
12.15 Lesser included offense
12.16 Child abuse – sex act
12.17 Instruction on
12.18 Insufficient evidence
12.19 Indictment for
12.20 Lesser included offense
13.00 CLOSING ARGUMENT
13.01 Limitation on
13.02 Sequence of arguments given
13.03 Conscience of the community
13.04 Deterrence
13.05 Expression of personal belief
13.06 Evidence outside the record
13.07 Unreasonable inference from the evidence
13.08 Biblical references
13.09 Comment upon defendant’s failure to testify
13.10 Comment upon failure to produce witnesses or evidence
13.11 Comment on defendant’s demeanor or character
13.12 Comment demeaning defense counsel
13.13 Comment demeaning expert witness
13.14 Appeal to sympathy or prejudice
13.15 Incorrect statement of law
13.16 Victim impact
13.17 Placing in the shoes of the victim
13.18 Incorrect statement of fact
13.19 Diminishing
juror responsibility
13.20 Comment on not guilty plea
13.21
Reading case law
14.00 COMPETENCY OF DEFENDANT
14.01 Constitutional and statutory provisions
14.02 Appointment of expert
14.03 Necessity of hearing
14.04 Unable to understand proceedings
14.05 Unable to comprehend situation
14.06 Unable to assist defense
88.00 COMPULSORY PROCESS
88.01 Issuance of subpoena for pre se defendant
88.02 Out of state witness
101.00 COMPUTER
CRIME
101.01 Accessing computer
101.02 Instruction on
101.03 Insufficient evidence
101.04 Indictment for
101.05 Lesser included offense
101.06 Accessing government computer
101.07 Instruction on
101.08 Insufficient evidence
101.09 Indictment for
101.10 Lesser included offense
101.11 Damaging computers or computer programs, networks, or systems
101.12 Instruction on
101.13 Insufficient evidence
101.14 Indictment for
101.15 Lesser included offense
101.16 Denial of computer services to authorized user
101.17 Instruction on
101.18 Insufficient evidence
101.19 Indictment for
101.20 Lesser included offense
101.21 Denial of government computer services to authorized user
101.22 Instruction on
101.23 Insufficient evidence
101.24 Indictment for
101.25 Lesser included offense
101.26 Solicitation of child by computer
101.27 Instruction on
101.28 Insufficient evidence
101.29 Indictment for
101.30 Lesser included offense
15.00 CONDUCT OF SPECTATORS IN COURT
15.01 Inadequate remedial measures
16.00 CONFESSIONS
& POLICE INTERROGATION
16.01 Disclosure by prosecution
16.02 Interrogation of juvenile
16.03 Fifth Amendment – Miranda
16.04 Custody
16.05 Interrogation
16.06 Advisement of rights
16.38 Waiver
16.07 Invocation of the right to counsel
16.08 Unequivocal request
16.09 Failure of law enforcement to honor
16.10 Defendant re-initiation
16.11 Invocation of the right to remain silent
16.12 Unequivocal invocation
16.13 Failure of law enforcement to honor
16.14 Defendant re-initiation
16.15 Sixth Amendment – Right to Counsel
16.16 When right to counsel attaches
16.17 Proceedings at which right to counsel attaches
16.18 Fourteenth Amendment – Voluntariness
16.19 Test for determining voluntariness
16.20 Trickery or deceit
16.21 Promises by law enforcement
16.22 Defendant’s age
16.23 Defendant’s experience with law enforcement
16.24 Defendant does not speak English
16.25 Intoxication by alcohol or drugs
16.26 Mental impairment
16.27 Prolonged interrogation
16.28 Deprivation of food or sleep
16.29 Deprived of access to attorney
16.37 Threats and coercion
16.30 Jackson v Denno hearing
16.31 Vienna Convention
16.32 State statutes
16.33 Fourth Amendment
16.34 Searches
16.35 Seizures/Illegal arrest
16.36 Fruit of the poisonous tree
17.00 CONFRONTATION
17.01 Constitutional and statutory provisions
17.02 Child witness
17.03 Failure to produce or disclose informants
17.04 Incompetent witness (other than children)
17.05 Ohio v. Roberts indicia of reliability for admission of hearsay
17.06 Crawford v. Washington
17.07 911 Calls
17.08 Out-of-court statements to police
17.09 Social workers, doctors, therapists, etc.
17.10 Test results
98.00 CONTEMPT OF COURT
98.01 Insufficient evidence
98.02 Inadequate findings
98.03 Summary proceedings
98.04 Statutory and constitutional requirements
98.05 Plenary proceedings
98.06 Statutory and constitutional requirements
98.07 Restraint or arrest
18.00 CONTINUANCE
18.01 Grounds
18.02 Insufficient time to prepare
18.03 Necessity of application
18.04 Abuse of discretion in granting or denying
18.05 First appearance in superior court
19.00 COUNSEL FOR THE ACCUSED
19.01 Constitutional and statutory provisions
19.02 Offenses triggering right to counsel
19.03 Stage of proceeding affecting right
19.04 Consultation between counsel and accused
19.05 Dismissal of counsel
19.06 Deprivation of right to counsel
19.07 Standby counsel
19.08 Ineffective assistance of counsel
19.09 Constitutional and statutory provisions
19.10 Strickland v Washington
19.11 Deficient performance
19.12 Prejudice
19.13 Cronic v US denial of counsel
19.14 Conflict of interest
19.15 Representation of multiple defendants
19.16 Prior representation of prosecution witness
19.17 Prejudice
19.18 Allocation of decision-making (Ali)
20.00 CORPUS DELECTI
21.00 CROSS-EXAMINATION
AND IMPEACHMENT (also see EVIDENCE)
21.01 Badger, insult, attack of witnesses
21.02 Opening the door
21.03 Admission of extrinsic evidence
21.04 Necessity of surprise to introduce prior inconsistent statement
22.00 DEATH PENALTY
22.01 Constitutional and statutory provisions
22.02 Aggravating factors
22.03 Double counting
22.04 (e)(1) Capital felony committed by person lawfully incarcerated
22.05 Instruction on
22.06 Insufficient evidence
22.07 (e)(2) Previously convicted of or adjudicated delinquent for capital felony
22.08 Instruction on
22.09 Insufficient evidence
22.10 (e)(3) Previous violent felony or juvenile adjudication
22.11 Instruction on
22.12 Insufficient evidence
22.13 (e)(4) Committed for purpose of avoiding arrest or escape
22.14 Instruction on
22.15 Insufficient evidence
22.16 (e)(5) While engaged in a felony
22.17 Instruction on
22.18 Insufficient evidence
22.19 (e)(6) Pecuniary gain
22.20 Instruction on
22.21 Insufficient evidence
22.22 (e)(7) To disrupt lawful governmental function
22.23 Instruction on
22.24 Insufficient evidence
22.25 (e)(8) Against law enforcement officer, DOC employee, jailer, fireman, judge, prosecutor, juror, witness
22.26 Instruction on
22.27 Insufficient evidence
22.28 (e)(9) Especially heinous, atrocious, or cruel
22.29 Instruction on
22.30 Insufficient evidence
22.31 (e)(10) Great risk of death
22.32 Instruction on
22.33 Insufficient evidence
22.34 (e)(11) Course of conduct
22.35 Instruction on
22.36 Insufficient evidence
22.95 Weighing of aggravating and mitigating factors
22.37 Apprendi-Ring indictment issues
22.38 Elements of homicide
22.39 Aggravating factors
22.40 Enmund-Tison reckless indifference to human life
22.41 Instruction on
22.42 Insufficient evidence
22.43 Applicability to premeditated murder
22.44 Instructions
22.45 Life without parole
22.46 Peremptory instruction on statutory mitigating factor
22.47 Peremptory instruction on non-statutory mitigating factor
22.48 Presumptions
22.49 Combining mitigating circumstances
22.50 Duty of court to instruct on statutory mitigating factor
22.51 Mental retardation
22.52 Morgan excludable (automatic death penalty juror)
22.53 Mitigating factors
22.54 (f)(1) No significant criminal history
22.55 Sufficient evidence to support instruction
22.56 Instruction over objection of defendant
22.57 (f)(2) Under influence of mental or emotional disturbance
22.58 Sufficient evidence to support instruction
22.59 (f)(3) Victim was a voluntary participant or consented
22.60 Sufficient evidence to support instruction
22.61 (f)(4) Accomplice to capital felony of another and participation minor
22.62 Sufficient evidence to support instruction
22.63 (f)(5) Duress
22.64 Sufficient evidence to support instruction
22.65 (f)(6) Capacity to appreciate or conform conduct was impaired
22.66 Sufficient evidence to support instruction
22.67 (f)(7) Age
22.68 Sufficient evidence to support instruction
22.69 (f)(8) Aided in apprehension of capital felon or testified in another felony case
22.70 Sufficient evidence to support instruction
22.71 (f)(9) Any other circumstance
22.72 Sufficient evidence to support instruction
22.73 Proportionality
22.74 Eighth Amendment right of review
22.75 Statutory review
22.76 Felony murder
22.77 Premeditated murder
22.78 Right to be present
22.79 Witherspoon-Witt
22.80 Erroneously denied challenge for cause
22.81 Erroneously granted challenge for cause
22.82 Restriction on voir dire
22.83 Ford competency to be executed
22.84 International law
22.85 Caldwell diminishing responsibility of jury
22.86 Evidence issues
22.87 Mental retardation
22.88 Constitutional grounds
22.89 Statutory grounds (15A-2005)
22.90 Sufficiency of the evidence
22.91 Pre-trial procedure
22.92 Penalty phase procedure
22.93 Burden of proof
22.94 Right to two attorneys
22.95 Prosecutorial discretion
23.00 DEFENSES
23.01 Right to present evidence
23.02 Necessity of instruction
23.03 Abandonment
23.04 Instruction on
23.05 Sufficiency of evidence to obtain instruction
23.06 Accident
23.07 Instruction on
23.08 Sufficiency of evidence to obtain instruction
23.09 Alibi
23.10 Notice of alibi
23.11 Instruction on
23.12 Sufficiency of evidence to obtain instruction
23.13 Alternate suspect
23.14 Instruction on
23.15 Sufficiency of evidence to obtain instruction
23.16 Consent
23.17 Instruction on
23.18 Sufficiency of evidence to obtain instruction
23.19 Defense of other
23.20 Instruction on
23.21 Sufficiency of evidence to obtain instruction
23.22 Diminished capacity
23.23 Instruction on
23.24 Sufficiency of evidence to obtain instruction
23.25 Duress
23.26 Instruction on
23.27 Sufficiency of evidence to obtain instruction
23.28 Entrapment
23.29 Instruction on
23.30 Sufficiency of evidence to obtain instruction
23.31 Former jeopardy
23.32 Instruction on
23.33 Sufficiency of evidence to obtain instruction
23.34 Habitation
23.35 Instruction on
23.36 Sufficiency of evidence to obtain instruction
23.37 Insanity
23.38 Instruction on
23.39 Sufficiency of evidence to obtain instruction
23.40 Intoxication
23.41 Instruction on
23.42 Sufficiency of evidence to obtain instruction
23.43 Justification
23.44 Instruction on
23.45 Sufficiency of evidence to obtain instruction
23.46 Misidentification
23.47 Instruction on
23.48 Sufficiency of evidence to obtain instruction
23.49 Mistake of fact or law
23.50 Instruction on
23.51 Sufficiency of evidence to obtain instruction
23.52 Necessity
23.53 Instruction on
23.54 Sufficiency of evidence to obtain instruction
23.55 Self-Defense
23.56 Instruction on
23.57 Sufficiency of evidence to obtain instruction
23.58 Imperfect self-defense
23.59 Unconsciousness or Automatism
23.60 Instruction on
23.61 Sufficiency of evidence to obtain instruction
24.00 DEMONSTRATIVE EVIDENCE
24.01 Relevancy
24.02 Instruction on
25.00 DESTRUCTION
OF EVIDENCE
25.01 Bad faith
25.02 Sanctions for
26.00 DISCOVERY
26.01 Constitutional and statutory provisions
26.03 Exculpatory evidence
26.04 Impeachment evidence
26.05 Materiality
26.06 Discovery by the State
26.07 Discovery by the defense
26.08 Duty of prosecution to obtain information
26.09 Loss or destruction of evidence
26.10 Disclosure of witness statements
26.11 Sanctions for noncompliance
26.12 Local rules governing discovery
26.13 Open file
26.14 Exceptional case status
26.15 Sealed records / Pennsylvania v. Ritchie
26.16 Sufficiency of motion
26.17 Adequacy of revi