Motions Bank - Indigent Defense Services

Adult Criminal Motions

Admissions

Authorization to Make Admission Jun 2007Motion specifically authorizing defense counsel to enter admission of particular conduct into record

Adult Court Juvenile Cases

Motion to Dismiss Juvenile Case in Adult Court Jun 2021Prosecuting 16-year-old in adult court when defendant would be in juvenile court after effect of Raise the Age violates defendant’s constitutional rights
Order Granting Motion to Dismiss Juvenile Case Jun 2021

Appeals

Notice of Appeal from District to Superior Court Jun 2010
Notice of Appeal from Superior Court to Court of Appeals Jun 2009

Capacity to Proceed

Ex Parte Motion and Order for Funds for Defense Psychological Expert Jun 2007Seeking neuropsychologist to determine whether defendant insane or brain damaged
Order to Dismiss Charges and Commit Defendant to Central Regional Hospital Jun 2014

Confidential Informants

Motion to Reveal Witness Identity Jun 2009

Continuances and Calendaring

Motion to Continue Jun 2009
Motion to Continue (Medical Reasons) Jun 2015
Motion to Strike Trial Date Set Unilaterally Jun 2021Motion requesting court strike trial date set unilaterally by State in noncompliance with G.S. 7A-49.4

Discovery Motions

Brady Motion May 2008Motion to compel the production of exculpatory information
Brady Motion 2 May 2021Motion to compel production of exculpatory information
Brady Motion for SBI Analyst Personnel Records May 2013Motion for order directing State to acquire and disclose personnel and training records pertaining to an SBI analyst
Crime Scene Access Motion and Order May 2008Motion for order permitting defendant to inspect, examine, and photograph a crime scene
Discovery Inventories May 2021
Ex Parte Motion and Order for Jail Records May 2013
Ex Parte Motion and Order for Production of Records of Dorothea Dix Hospital May 2008Seeking records of defendant’s past treatment
Ex Parte Motion and Order to Provide Defendant’s Medical, Mental Health, and School Records to Defense Counsel May 2012
Getting Police Personnel Records: Motions and Orders May 2004
Motion and Order for Non-Testimonial Identification Procedure Pursuant to G.S. 15A-281 May 2021
Motion and Order for Non-Testimonial Voice Identification Procedure Pursuant to G.S. 15A-281 May 2021
Motion and Order for Production of Prior Trial Transcript May 2021Motion 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 May 2021
Motion for Discovery of Information Pertaining to Jury Selection Training May 2021Motion 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 May 2013Sample discovery motion regarding DNA evidence; additional types of evidence are included in this expanded motion
Motion for Non-Testimonial Identification Procedures May 2005
Motion to Compel Discovery Of Officers’ Personnel Files and Police Department’s Motion to Quash Subpoena May 2015
Motion to Compel Officers to Turn Over Information about Investigation to Prosecutors May 2015
Motion to Disclose Evidence of Prior Bad Acts or Crimes May 2013
Motion to Memorialize Discovery Provided by the Prosecutor Pursuant to an Open File Policy May 2021
Motion to Obtain Mental Health Records May 2021
Motion to Produce Impeachment Material and Prior Statements May 2021Includes among other things personnel records and information regarding a confidential informant
Motion to Reveal Deals or Concessions May 2021
Motions for Constitutional Discovery May 2004
Notice of Reciprocal Discovery May 2021
Records Custodian Affidavit May 2021Affidavit of records custodian responsive to subpoena pursuant to N.C. R. Civ. P. 45(c)(2)
Request and Motion for Discovery (statutory and constitutional discovery) May 2007
Request for Discovery May 2015Including requests for notice of expert witnesses, witness list, Brady material, and list of informants
Sample Motion and Order for Independent Testing May 2013For independent testing or re-testing of toxicology evidence
Sample Petition and Notice of Hearing to Release Law Enforcement Recording Under G.S. 132-1.4A May 2018By Keith Williams, from 2018 Felony Defender Training
Sample Ritchie Motion for Protected Records May 2018By Keith Williams, from 2018 Felony Defender Training

District Court Motions

Domestic Violence Cases

Thompson Motion (unreasonable delay in setting bond) Jun 2004

Habitual Offender Status

MAR to Vacate Habitual Felon Conviction where Two Prior Felonies Committed Prior to Defendant Turning 18 Jun 2005
Motion to Dismiss Habitual Felon Indictment and Preserve Issues Jun 2021Motion 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 – DWI

Grounds for Suppression or Dismissal in DWI Cases Jun 2010
MAR to Resentence on Habitual Impaired Driving Jun 2014
Motion and Order to Dismiss DWI-Blood Draw by Force Jun 2012
Motion to Exclude Testimony Regarding Field Sobriety Tests Jun 2014
Motion to Suppress Intoxilyzer Results Where Notice of Statutory Rights Not Provided to Non-English Speaking Defendant in His Native Language Jun 2009
Motion to Suppress Results of Chemical Analysis and to Dismiss Pursuant to Knoll, Hill, et al. Jun 2021
Objection to Introduction of Results of Chemical Analysis and Chain of Custody Statement Jun 2010
Stipulation to Prior DWI’s Jun 2021Motion 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 Jun 2021
Motion to Sever (defendant’s trial from that of co-defendant) Jun 2008

Juries

Motion for Complete Recordation (of all proceedings in superior court, with supporting grounds) Jun 2021
Motion for Complete Recordation (of all proceedings in superior court) Jun 2021
Motion for Court to Note the Race of Every Potential Juror Examined in This Case Jun 2021
Motion for Individual Voir Dire on Sensitive Subjects Jun 2021
Motion to Apply Objective Observer Standard Jun 2021Requests that objective observer standard adopted by Supreme Court of Washington be used in ruling on Batson objections
Motion to Distribute Prospective Juror Questionnaire Jun 2021Helpful both in providing a record of the race of all venire members and in establishing bases for comparing passed and struck jurors
Motion to Preserve All Notes, Questionnaires, and Other Documents from Jury Selection Jun 2021Motion is designed to ensure a complete record for appellate review of any overruled Batson objection
Motion to Prohibit Peremptory Strikes Based on Race Jun 2021Motion 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 Jun 2021Advises the trial judge of numerous statistical studies finding strong patterns of exclusion from jury service based on race
Prospective Juror Questionnaire Jun 2021
Quick Guide – Batson Objections Oct 2021
Washington State General Rule 37 Jun 2021

Motions In Limine

Pleadings

Motion for Bill of Particulars Regarding Escape from Prison Jun 2004
Motion for Bill of Particulars Regarding First Degree Murder Jun 2004
Motion for Bill of Particulars Regarding Sex Offense and Indecent Liberties Jun 2004
Motion for Bill of Particulars Regarding Stalking Jun 2011
Motion for Bill of Particulars Regarding Vehicle Offenses Jun 2003
Motion to Dismiss Defective Indictment Jun 2021Motion 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 Jun 2021Motion 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 Jun 2021

Pretrial and Post-Conviction Release

Probable Cause Hearings

Demand for Probable Cause Hearing and Motion for Recordation Jun 2009

Probation

Motion For Release of Unlawfully Detained Probationer Jun 2021Motion pursuant to G.S. 15A-1345(c) for release of probationer not afforded probable cause hearing within seven working days of arrest
Motion to Dismiss Probation Violation Where Probation Period has Ended Jun 2021
Petition for Writ of Habeas Corpus Jun 2015Seeking release of petitioner where trial court did not have authority to revoke probation and activate his suspended sentence because probation had already expired