Trial Motions (Non-Capital)

For a general discussion of trial motions and related deadlines, refer to Chapter 13, Motions of the NC Defender Manual Vol. 1, Pretrial (2d ed. 2013). Contact Phil R. Dixon, Jr., Defender Educator at the School of Government, at 919.966.4248 or dixon@sog.unc.edu, with suggestions or additional motions for this bank.

Admissions
Authorization to Make Admission (motion specifically authorizing defense counsel to enter admission of particular conduct into record) (2007)
Appeals
Notice of Appeal from District to Superior Court (2010)
Notice of Appeal from Superior Court to Court of Appeals (2009)
Capacity to Proceed
Ex Parte Motion and Order for Funds for Defense Psychological Expert (seeking neuropsychologist to determine whether defendant insane or brain damaged) (2007)
Order to Dismiss Charges and Commit Defendant to Central Regional Hospital (2014)
Confidential Informants
Motion to Reveal Witness Identity (2009)
Continuances and Calendaring
Motion to Continue (2009)
Motion to Continue (Medical Reasons) (2015)
Motion to Strike Trial Date Set Unilaterally (motion requesting court strike trial date set unilaterally by State in noncompliance with G.S. 7A-49.4)
Discovery
Brady Motion (motion to compel the production of exculpatory information) (2008)
Brady Motion 2 (motion to compel production of exculpatory information)
Brady Motion for SBI Analyst Personnel Records (motion for order directing State to acquire and disclose personnel and training records pertaining to an SBI analyst) (2013)
Crime Scene Access Motion and Order (motion for order permitting defendant to inspect, examine, and photograph a crime scene) (2008)
Discovery Inventories
Ex Parte Motion and Order for Jail Records (2013)
Ex Parte Motion and Order for Production of Records of Dorothea Dix Hospital (seeking records of defendant's past treatment) (2008)
Motion and Order for Non-Testimonial Identification Procedure Pursuant to G.S. 15A-281
Ex Parte Motion and Order to Provide Defendant's Medical, Mental Health, and School Records to Defense Counsel (2012)
Getting Police Personnel Records: Motions and Orders (2004-05)
Motion and Order for Production of Prior Trial Transcript (motion for production of prior trial transcript in order to obtain prior statements of witnesses likely to testify at retrial)
Motion for Discovery of DNA Testing Information
Motion for Discovery of Fingerprint Evidence (2012)

Motion for Discovery of Information Pertaining to Jury Selection Training (motion sets out a defendant's entitlement to discovery of policies and training, past or present, written or informal, regarding the prosecution's use of peremptory strikes)
Motion for Discovery of Laboratory/Scientific Evidence (sample discovery motion regarding DNA evidence; additional types of evidence are included in this expanded motion) (2013)
Motion for Discovery of Laboratory/Scientific Evidence (sample discovery motion regarding drug chemistry or toxicology evidence) (2010)
Motion for Non-Testimonial Identification Procedures (2005)
Motion and Order for Non-Testimonial Voice Identification Procedure Pursuant to G.S. 15A-281
Motion to Compel Discovery Of Officers' Personnel Files and Police Department's Motion to Quash Subpoena (2015)
Motion to Compel Officers to Turn Over Information about Investigation to Prosecutors (2015)
Motion to Disclose Evidence of Prior Bad Acts or Crimes (2013)
Motion to Memorialize Discovery Provided by the Prosecutor Pursuant to an Open File Policy
Motion to Obtain Affidavit (in support of magistrate's order) (2010)
Motion to Obtain Mental Health Records
Motion to Produce Impeachment Material and Prior Statements (includes among other things personnel records and information regarding a confidential informant)
Motion to Reveal Deals or Concessions
Motions for Constitutional Discovery (2004)
Records Custodian Affidavit (affidavit of records custodian responsive to subpoena pursuant to N.C. R. Civ. P. 45(c)(2))
Notice of Reciprocal Discovery
Request and Motion for Discovery (for statutory and constitutional discovery) (2007)
Request for Discovery (including requests for notice of expert witnesses, witness list, Brady material, and list of informants) (2015)
Sample Motion and Order for Independent Testing (for independent testing or re-testing of toxicology evidence) (2013)
District Court Motions [See also Impaired Driving Cases]
Motion and Order to Dismiss Based on Bond Increase After Notice of Appeal for Trial de Novo
Motion for Complete Recordation (of district court proceedings) (2003)
Motions for Appropriate Relief (to correct unlawful judgments) (2005)
Motions for Constitutional Discovery (2004)
Motion to Dismiss for Expiration of Statute of Limitations under State v. Turner
Notice of Objection (sample Notice of Objection pursuant to N.C.G.S. 90-95(g) and 90-95(g1) to introduction of chain of custody statement and lab reports without testimony of analyst) (2015)
Objection to Introduction of Results of Chemical Analysis and Chain of Custody Statement (2010)
Thompson Motion (unreasonable delay in setting bond) (2004)
Domestic Violence Cases
Thompson Motion (unreasonable delay in setting bond) (2004)
Double Jeopardy
 
Experts and Other Assistance
AOC-G-309 - Application and Order for Defense Expert Witness Funding
AOC-G-310 - Defense Petition for Expert Hourly Rate Deviation
Ex Parte Motion for Funds for an Expert Witness (for expert in eyewitness identification) (2006)
Ex Parte Motion and Order for Funds for Defense Psychological Expert (seeking neuropsychologist to determine whether defendant insane or brain damaged) (2007)
Ex Parte Motion for Funds for Psychologist (2013)
Ex Parte Motion for Funds to Hire Mitigation Investigator (2013)
Getting Experts--Release (form client may sign to give attorney access to health information)
Motion to Exclude Testimony Regarding Field Sobriety Tests (2014)
Nondisclosure Agreement
Forensics [For additional motions as well as briefs, see Forensic Resources website]
Motion for Discovery of Laboratory/Scientific Evidence (sample discovery motion regarding DNA evidence; additional types of evidence are included in this expanded motion) (2013)
Motion for Discovery of Laboratory/Scientific Evidence (sample discovery motion regarding drug chemistry or toxicology evidence) (2010)
Notice of Objection (sample Notice of Objection pursuant to N.C.G.S. 90-95(g) and 90-95(g1) to introduction of chain of custody statement and lab reports without testimony of analyst) (2015)
Sample Motion and Order for Independent Testing (motion to be used for independent testing or re-testing of toxicology evidence) (2013)
Sample Motion and Order to Preserve Evidence (motion that can used for preservation of evidence in cases involving forensic evidence) (2015)
Habitual Offender Status
MAR to Vacate Habitual Felon Conviction where Two Prior Felonies Committed Prior to Defendant
Turning 18
(2005)
Motion to Dismiss Habitual Felon Indictment and Preserve Issues (motion to dismiss indictment on substantive felony for failure to allege defendant is an habitual felon; motion preserves constitutional separation of powers, equal protection, and double jeopardy arguments for appeal )
Impaired Driving Cases
Grounds for Suppression or Dismissal in DWI Cases (2010)
MAR to Resentence on Habitual Impaired Driving (2014)
Motion and Order to Dismiss DWI-Blood Draw by Force (2012)
Motion to Exclude Testimony Regarding Field Sobriety Tests (2014)
Motion to Suppress Intoxilyzer Results Where Notice of Statutory Rights Not Provided to Non-English Speaking Defendant in His Native Language (2009)
Motion to Suppress Results of Chemical Analysis and to Dismiss Pursuant to Knoll, Hill, et al.
Objection to Introduction of Results of Chemical Analysis and Chain of Custody Statement (2010)
Stipulation to Prior DWI's (motion specifically authorizing defense counsel to stipulate that defendant has prior DWI convictions sufficient to satisfy element of habitual impaired driving, and requesting that State not refer to prior convictions in case in chief)
Joinder and Severance
Motion for Separate Trial
Motion to Sever (defendant's trial from that of co-defendant) (2008)
Juries
Motion for Complete Recordation (of all proceedings in superior court)
Motion for Complete Recordation (of all proceedings in superior court, with supporting grounds)
Motion for Court to Note the Race of Every Potential Juror Examined in This Case
Motion for Individual Voir Dire on Sensitive Subjects
Motion to Distribute Prospective Juror Questionnaire (helpful both in providing a record of the race of all venire members and in establishing bases for comparing passed and struck jurors)
Prospective Juror Questionnaire
Motion to Preserve All Notes, Questionnaires, and Other Documents from Jury Selection (motion is designed to ensure a complete record for appellate review of any overruled Batson objection
Motion to Prohibit Peremptory Strikes Based on Race (motion compiles the strongest arguments to be made in arguing a Batson objection, with citations to supporting United States Supreme Court decisions)
Notice of Intent & Request for Judicial Notice (advises the trial judge of numerous statistical studies finding strong patterns of exclusion from jury service based on race)
Jurisdiction
 
Motions In Limine
Motion in Limine to Exclude 404(b) Evidence (2005)
Motion in Limine to Exclude Evidence of Outstanding Warrant and Cocaine in Defendant's Possession at Time of Arrest (2008)
Motion in Limine to Exclude Evidence of Plea Offer (2002)
Motion in Limine to Limit Testimony of Statements of Defendant
Motion in Limine to Prohibit Reference to Defendant's Silence
Motion in Limine to Suppress Evidence of Drugs Found on Passenger (2009)
Motion to Exclude Photographs
Pleadings
Motion for Bill of Particulars Regarding Escape from Prison (2004)
Motion for Bill of Particulars Regarding First Degree Murder (2004)
Motion for Bill of Particulars Regarding Sex Offense and Indecent Liberties (2004)
Motion for Bill of Particulars Regarding Stalking (2011)
Motion for Bill of Particulars Regarding Vehicle Offenses (2003)
Motion to Dismiss Defective Indictment (motion to dismiss indictment for failure to charge crime due to insufficient information to formulate defense and failure to allege an element)
Motion to Dismiss Indictment Charging Only Misdemeanors (motion to dismiss where indictment charges only misdemeanors in the original jurisdiction of the District Court)
Motion to Dismiss Warrant For Failure to Allege an Element of the Charged Crime
Pretrial and Post-Conviction Release
Motion and Order to Dismiss Based on Bond Increase After Notice of Appeal for Trial de Novo
Motion for Appeal Bond (2010)
Motion for Bond Reduction (with Stipulation) (2010)
Motion to Set Aside Failure to Appear and Forfeiture and Recall Order for Arrest (2010)
Order Recalling Order for Arrest & Bond Forfeiture
Petition for Writ of Habeas Corpus for Violation of Temporal Limits of Immigration Detainer (2011)
Request for Bond Reduction (2008)
Thompson Motion (unreasonable delay in setting bond) (2004)
Probable Cause Hearings
Demand for Probable Cause Hearing and Motion for Recordation (2009)
Probation
Motion to Dismiss Probation Violation Where Probation Period has Ended
Motion For Release of Unlawfully Detained Probationer (motion pursuant to G.S. 15A-1345(c) for release of probationer not afforded probable cause hearing within seven working days of arrest)
Petition for Writ of Habeas Corpus (seeking release of petitioner where trial court did not have authority to revoke probation and activate his suspended sentence because probation had already expired) (2015)

Recusal of Judge
 
Right to Counsel
 
Sentencing
MAR to Correct Maximum Sentence in a Drug Trafficking Case
MAR to Correct Prior Record Level (2014)
Sex Offender Registration and Monitoring
Sample Motion to Dismiss SBM Application Post-Grady v. NC
Speedy Trial and Related Issues
Demand to Proceed With Prosecution of Confined Inmate (motion pursuant to G.S. 15A-711 demanding prosecutor in another county proceed with prosecution) (2002); Motion to Dismiss for Noncompliance with G.S. 15A-711 (2006)
Motion to Dismiss Based on Pre-Accusation Delay (2005)
Motion to Dismiss for Speedy Trial Violation (1999)
Suppression Motions
Motion and Order to Suppress Evidence from Car Stop Based on 4th Am. and Equal Protection Clause (2013)
Motion to Suppress Evidence Seized Pursuant to Warrantless Search of Home (2006)
Motion to Suppress Evidence Seized Pursuant to Warrantless Search of Vehicle
Motion to Suppress Show-up Identification for Failure to Comply with Eyewitness Identification Reform Act (2009)
Motion to Suppress Where Search Warrant Not Supported by Probable Cause (2004)
Venue
Motion for Change of Venue (pretrial publicity) (2001)
Witnesses
Motion to Exclude Witnesses from Courtroom, to Produce Prior Statements and Criminal Records of Witnesses, etc.
Motion to Sequester