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:
If you have questions regarding the Racial Justice Act, please contact Terry Alford in the Office of the Capital Defender (919) 354-7183.
Prosecution Training on Batson Justification Language
  DA Batson Training Guide: "Batson Justifications: Articulating Juror Negatives
  "Top Gun" CLE Prosecutor Attendance Chart
(Please contact the Center for Death Penalty Litigation at 919-956-9545 for names of attendees at the "Top Gun" Batson Justification Training)

OTHER PRE-TRIAL OR PRE-ARRAIGNMENT MOTIONS:

Motion for Bill of Particulars
Motion for Continuance
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 for Disclosure of Aggravating Circumstances
Motion for Disclosure of Identification Procedures
Motion for Disclosure of State's Theory of Acting-in-Concert
Motion for Discovery Pursuant to N.C. Gen. Stat. 15A-903
Motion for Pre-Trial Hearing to Determine that Defendant is Mentally Retarded
Motion for Production of Exculpatory Information
Motion for Separate Juries
Motion for Separate Trial
Motion in Limine: Unrecorded Statements of Defendant
Motion to Compel Investigating Officers to Turn Over all Information Related to the Investigation of This Case to Prosecutors
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 to Declare the Death Penalty Unconstitutional (Glossip v. Gross)
  Glossip Materials
Motion to Disclose Penalty Phase Information
Motion to Ensure Adherence to Constitutionally Required Clinical Standards for Determining Intellectual Disability
Motion to Memorialize Discovery Provided by the Prosecutor Pursuant to an Open File Policy
Motion to Obtain Mental Health Records
Motion to Prevent the State from Seeking the Death Penalty and Objections to this Court Declaring this Case Capital
Motion to Prohibit a Death Sentence Based on the International Covenant on Civil and Political Rights and Customary International Law
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 to Reveal Deals or Concessions
Request for Discovery

GUILT PHASE:

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

ADDITIONAL GUILT PHASE MATERIALS:

Jury Selection Questions
Memorandum Re: Jury Voir Dire

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 for Court to Give Understandable Jury Instructions
Attachment A: Discretion in Capital Sentencing Instructions
Attachment B: Understandable Jury Instructions
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 Peremptory Instructions on Mitigating Circumstances
Motion to Instruct the Jury on Age as a Statutory Mitigating Factor
Motion to Instruct Jury on Defendant's Burden of Proof on Mitigating Circumstances
Motion to Instruct Jury on Evidence of Low I.Q.
Motion to Instruct Jury on Emotionally Troubled Youth as a Mitigating Circumstance
Motion to Instruct Jury on Satisfactory Prison Adjustment
Motion to Preclude State from Using any Juvenile Conviction as an Aggravating Factor
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)
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 on Personal Viewpoints
Request for Jury Instruction Re: Sympathy and Mercy
Request for Jury Instruction: Residual Mitigating Circumstance
Request for Jury Instruction: Residual Doubt
Request for Jury Instruction under Enmund v. Florida and Tison v. Arizona
Request for Jury Instruction: Vicarious Liability with Regard to N.C. Gen. Stat. 15A-2000(e)(9)