CAPITAL TRIAL MOTIONS INDEX

MOTIONS TO FILE AS SOON AS DEFENDANT IS CHARGED:

Ex Parte Motion to Seal Portion of Juvenile Record
Motion to Preserve State's Files

Motion to Compel State to Disclose Evidence That Would Assist Motions Filed by Defendant to Have a Reasonable Bond Set

RACIAL JUSTICE ACT MOTIONS:

Important: Please note that the Ex. 1 Affidavit of Grosso & O'Brien must be attached to the Motion to Prohibit the State from Seeking the Death Penalty Under the N.C. Racial Justice Act.

If you have questions regarding filing an RJA motion in a pre-trial case, please contact Elaine Gordon at the Trial Resource Unit at IDS (919) 354-7260 or Jonathan Broun at CDPL at (919) 956-9545.
Motion to Prohibit the State from Seeking the Death Penalty Under the Racial Justice Act
Ex.1 Affidavit of Grosso & O'Brien
RJA Rule 24 Preservation Order
RJA Consent Order
Marcus Robinson RJA MAR Order

OTHER PRE-TRIAL OR PRE-ARRAIGNMENT MOTIONS:

Request for Discovery
Motion to Compel Investigating Officers to Turn Over all Information Related to the Investigation of This Case to Prosecutors
Motion for Discovery Pursuant to N.C. Gen. Stat. 15A-903
Motion to Memorialize Discovery Provided by the Prosecutor Pursuant to an Open File Policy
Motion for Production of Exculpatory Information
Motion for Bill of Particulars
Motion to Disclose Penalty Phase Information
Motion for Separate Juries
Motion to Prevent the State from Seeking the Death Penalty and Objections to this Court Declaring this Case Capital
Motion for Disclosure of Identification Procedures
Motion to Require the State to Disclose any Exculpatory or Impeaching Information that was Told to the Prosecutor in Private or During his Preparation for Trial
Motion for Pre-Trial Hearing to Determine that Defendant is Mentally Retarded
Motion for Disclosure of State's Theory of Acting-in-Concert
Motion to Compel State to Disclose Felonies It Intends to Use to Support Felony-Murder Theory
Motion to Compel State to Disclose Theory Upon Which It Seeks a Conviction of First Degree Murder
Motion for Disclosure of Aggravating Circumstances
Motion for Continuance
Motion to Prohibit a Death Sentence Based on the International Covenant on Civil and Political Rights and Customary International Law
Motion for Separate Trial
Motion to Reveal Deals or Concessions
Motion to Obtain Mental Health Records
Motion for Disclosure of Evidence of Alleged Prior Bad Acts or Crimes of the Defendant which the State Contends are Admissible under Evidence Rules 404(b) or 608, or Other Rules of Evidence
Motion in Limine: Unrecorded Statements of Defendant

GUILT PHASE:

Motion for Complete Recordation of All Proceedings
Motion to Allow Defense Counsel to Distribute a Questionnaire to Potential Jurors
Motion to Preclude Death Penalty
Motion for Pre-Selection Instructions to Potential Jurors
Motion to Preclude Leading Questions and Conclusory Statement on Voir Dire of Prospective Jurors
Motion for Individual Voir Dire on Sensitive Subjects
Motion to Exclude Still Photographers, TV Cameras and Microphones from the Courtroom
Motion to Prohibit Prosecutor from Telling the Jury that Mitigating Factors are Things that Reduce the Severity of the Crime
Motion to Allow Defense Counsel to Question any Potential Jurors Challenged for Cause by the Prosecutor Based on Opposition to the Death Penalty
Motion to Prohibit District Attorney from Peremptorily Challenging Prospective Black Jurors
Motion for Court to Note the Race of Every Potential Juror Examined in This Case
Motion to Require Sequestration of State's Witnesses
Motion in Limine to Prohibit Reference to Defendant's Silence
Motion to Exclude Photographs
Motion to Bar the State from Presenting Inconsistent Theories of Prosecution
Request for Special Instruction on the Highest Aim of Every Criminal Trial
Motion in Limine to Limit Testimony of Statements of Defendant

ADDITIONAL GUILT PHASE MATERIALS:

Memorandum Re: Jury Voir Dire
Jury Selection Questions

BEGINNING OF SENTENCING PHASE:

Motion for Ruling on the Sufficiency of the Evidence of Prior Criminal Conduct of the Defendant to Support Submission of the §15A-2000(f)(1) Mitigating Circumstance
Motion to Allow Defendant to Address the Jury
Motion to Limit Victim-Impact Evidence

PENALTY PHASE INSTRUCTIONS REQUESTS:

Motion to Instruct Jury on Emotionally Troubled Youth as a Mitigating Circumstance
Motion to Instruct Jury on Evidence of Low I.Q.
Motion to Preclude State from Using any Juvenile Conviction as an Aggravating Factor
Motion to Instruct Jury on Satisfactory Prison Adjustment
Motion to Instruct the Jury on Age as a Statutory Mitigating Factor
Request for Jury Instruction under Enmund v. Florida and Tison v. Arizona
Request for Jury Instruction Re: Sympathy and Mercy
Request for Jury Instruction Definition of Mitigating Circumstance
Request for Jury Instruction: Life Without Parole (I)
Request for Jury Instruction: Life Without Parole (II)
Request for Jury Instruction: Residual Mitigating Circumstance
Request for Jury Instruction: Vicarious Liability with Regard to N.C. Gen. Stat. 15A-2000(e)(9)
Request for Jury Instruction: Residual Doubt
Request for Jury Instruction on Personal Viewpoints
Motion to Instruct Jury on Defendant's Burden of Proof on Mitigating Circumstances
Motion for Peremptory Instructions on Mitigating Circumstances
Motion for Instruction Concerning Submission of the §15A-2000(f)(1) Mitigating Circumstance over Defendant's Objection, and Motion to Prohibit Prosecution Argument Concerning Submission of the (f)(1) Mitigating Circumstance
Motion for Court to Give Understandable Jury Instructions
Attachment A: Discretion in Capital Sentencing Instructions
Attachment B: Understandable Jury Instructions
Motion to Restrict Prosecutor's Argument
Objection to the Use of N.C.G.S. 15A-2000(e)(5)
Objection to the Use of N.C.G.S. 15A-2000(e)(9)