Trial Motions (Non-Capital)

For a general discussion of trial motions and related deadlines, refer to the Defender Manual Chapter 13: Motions Practice. Contact Alyson Grine, Defender Educator at the School of Government, at 919.966.4248 or agrine@sog.unc.edu, with suggestions or additional motions for this bank.

Capacity to Proceed (For additional discussion, refer to Defender Manual Chapter 2: 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)

Ex Parte Motion and Order for Production of Records of Dorothea Dix Hospital (seeking records of defendant's past treatment) (2008)
 
Confidential Informants
Motion to Reveal Witness Identity (2009)
 
Continuances (For additional discussion, refer to Defender Manual Chapter 13: Motions Practice.)
Motion to Continue (2009)
 
Discovery (For additional discussion, refer to Defender Manual Chapter 4: Discovery.)
Brady Motion (motion to compel the production of exculpatory information) (2008)
Getting Police Personnel Records: Motions and Orders (2004-05)
Motion for Preservation of Evidence (for law enforcement to preserve and turn over to the prosecution any and all evidence gathered) (2008)
Motion for Production of Comparative DNA Evidence and SANE Nurse Report (2009)
Motion to Compel Discovery: Expert DNA Analysis (for private lab to turn over all analyses) (2006)
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 Reveal Deals or Concessions
Request and Motion for Discovery (for statutory and constitutional discovery) (2007)
   
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
Motions for Constitutional Discovery (2004)
Motion for Non-Testimonial Identification Procedures (2005)
Motion for Complete Recordation (of district court proceedings) (2003)
Motions for Appropriate Relief (to correct unlawful judgments) (2005)
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 (For additional discussion, refer to Defender Manual Chapter 13: Motions Practice.)
   
Experts and Other Assistance (For additional discussion, refer to Defender Manual Chapter 5: 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)
Getting Experts--Motion (Ex Parte Motion for Funds for Expert Witness) (2000)
Getting Experts--Release (form client may sign to give attorney access to health information)
Motion for Ex Parte Hearing and Expert Funds (seeking psychological evaluation of defendant to determine whether defendant capable of forming intent to kill) (2006)
 
Forensics
A brief and motions bank is now available on the IDS Forensic Resources website.
Grand Jury Proceedings (For additional discussion, refer to Defender Manual Chapter 9: Grand Jury Proceedings.)
Habitual Offender Status
   
Impaired Driving Cases
Grounds for Suppression or Dismissal in DWI Cases (2010)
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)
 
Joinder and Severance (For additional discussion, refer to Defender Manual Chapter 6: 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 Court to Note the Race of Every Potential Juror Examined in This Case
Motion for Individual Voir Dire on Sensitive Subjects
Jurisdiction (For additional discussion, refer to Defender Manual Chapter 10: Jurisdiction.)
 
Motions In Limine
Motion in Limine to Exclude 404(b) Evidence (2005)
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 to Exclude Photographs
Motion in Limine to Exclude Evidence of Outstanding Warrant and Cocaine in Defendant's Possession at Time of Arrest (2008)
Motion in Limine to Suppress Evidence of Drugs Found on Passenger (2009)
   
Pleadings (For additional discussion, refer to Defender Manual Chapter 8: Criminal Pleadings.)
Pretrial and Post-Conviction Release (For additional discussion, refer to Defender Manual Chapter 1: Pretrial 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)
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 (For additional discussion, refer to Defender Manual Chapter 3: Probable Cause Hearings.)
Demand for Probable Cause Hearing and Motion for Recordation (2009)
 
Recusal of Judge (For additional discussion, refer to Defender Manual Chapter 13: Motions Practice and Chapter 28: Duties and Conduct of Presiding Judge.)
 
Right to Counsel (For additional discussion, refer to Defender Manual Chapter 12: Right to Counsel.)
Sex Offender Registration and Monitoring
Motion to Quash NCDOC Petition for Satellite Monitoring (2008)
   
Speedy Trial and Related Issues (For additional discussion, refer to Defender Manual Chapter 7: Speedy Trial and Related Issues.)
Motion to Dismiss Based on Pre-Accusation Delay (2005)
Motion to Dismiss for Speedy Trial Violation (1999)
Suppression Motions (For additional discussion, refer to Defender Manual Chapter 14: Suppression Motions and Chapter 15: Stops and Warrantless Searches.)
Motion to Suppress Evidence Seized Pursuant to Warrantless Search of Home (2006)
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 (For additional discussion, refer to Defender Manual Chapter 11: Venue.)
Motion for Change of Venue (pretrial publicity) (2001)
Witnesses
Motion to Sequester