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Indigent Defense Services

Indigent Defense Services

The NC Public Defense System

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Motions Bank

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

  • Motion and Order to Dismiss Based on Bond Increase After Notice of Appeal for Trial de Novo Jun 2021
  • Motion for Complete Recordation (of district court proceedings) Jun 2003
  • Motions for Appropriate Relief (to correct unlawful judgments) Jun 2005
  • Motions for Constitutional Discovery Jun 2004
  • Thompson Motion (unreasonable delay in setting bond) Jun 2004

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

  • Motion in Limine to Exclude 404(b) Evidence Jun 2005
  • Motion in Limine to Exclude Evidence of Outstanding Warrant and Cocaine in Defendant’s Possession at Time of Arrest Jun 2008
  • Motion in Limine to Exclude Evidence of Plea Offer Jun 2002
  • Motion in Limine to Limit Testimony of Statements of Defendant Jun 2021
  • Motion in Limine to Prohibit Reference to Defendant’s Silence Jun 2021
  • Motion in Limine to Suppress Evidence of Drugs Found on Passenger Jun 2009
  • Motion to Exclude Photographs Jun 2021

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

  • Motion and Order to Dismiss Based on Bond Increase After Notice of Appeal for Trial de Novo Jun 2021
  • Motion for Appeal Bond Jun 2010
  • Motion for Bond Reduction (with Stipulation) Jun 2010
  • Motion to Set Aside Failure to Appear and Forfeiture and Recall Order for Arrest Jun 2010
  • Order Recalling Order for Arrest & Bond Forfeiture Jun 2021
  • Petition for Writ of Habeas Corpus for Violation of Temporal Limits of Immigration Detainer Jun 2011
  • Request for Bond Reduction Jun 2008
  • Thompson Motion (unreasonable delay in setting bond) Jun 2004

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

Sentencing

  • MAR to Correct Maximum Sentence in a Drug Trafficking Case Jun 2021
  • MAR to Correct Prior Record Level Jun 2014

Sex Offender Registration and Monitoring

  • Sample Motion to Dismiss SBM Application Post-Grady v. NC Jun 2021

Speedy Trial and Related Issues

  • Demand to Proceed With Prosecution of Confined Inmate Jun 2002Motion pursuant to G.S. 15A-711 demanding prosecutor in another county proceed with prosecution
  • Motion to Dismiss Based on Pre-Accusation Delay Jun 2005
  • Motion to Dismiss for Speedy Trial Violation Jun 1999

Suppression Motions

  • Motion and Order to Suppress Evidence from Car Stop Based on 4th Am. and Equal Protection Clause Jun 2013
  • Motion to Suppress Evidence Seized Pursuant to Warrantless Search of Home Jun 2006
  • Motion to Suppress Evidence Seized Pursuant to Warrantless Search of Vehicle Jun 2021
  • Motion to Suppress Show-up Identification for Failure to Comply with Eyewitness Identification Reform Act Jun 2009
  • Motion to Suppress Where Search Warrant Not Supported by Probable Cause Jun 2004

Transcrips

  • Order for Transcript of Criminal Proceeding Aug 2021

Venue

  • Motion for Change of Venue (pretrial publicity) Jun 2001

Witnesses

  • Motion to Exclude Witnesses from Courtroom, to Produce Prior Statements and Criminal Records of Witnesses, etc. Jun 2021
  • Motion to Sequester Jun 2021
Capital Motions

Additional Guilt Phase Materials

  • JURY SELECTION QUESTIONS May 2021
  • MEMORANDUM RE JURY VOIR DIRE May 2021

Beginning of Sentencing Phase

  • Motion to Allow Defendant to Address the Jury May 2021
  • Motion to Limit Victim-Impact Evidence May 2021

Guilt Phase

  • Motion for Complete Recordation of All Proceedings May 2021
  • Motion for Court to Note the Race of Every Potential Juror Examined in This Case May 2021
  • Motion for Individual Voir Dire on Sensitive Subjects May 2021
  • Motion for Pre-Selection Instructions to Potential Jurors May 2021
  • Motion In Limine to Limit Testimony of Statements of Defendant May 2021
  • Motion in Limine to Prohibit Reference to Defendant’s Silence May 2021
  • Motion to Allow Defense Counsel to Distribute a questionnaire to Potential Jurors May 2021
  • Motion to Allow Defense Counsel to Question any Potential Jurors Challenged for Cause by the Prosecutor Based on Opposition to the Death Penalty May 2021
  • Motion to Bar the State from Presenting Inconsistent Theories of Prosecution May 2021
  • Motion to Exclude Photographs May 2021
  • Motion to Exclude Still Photographers, TV Cameras and Microphones from the Courtroom May 2021
  • Motion to Preclude Death Penalty May 2021
  • Motion to Preclude Leading Questions and Conclusory Statement on Voir Dire of Prospective Jurors May 2021
  • Motion to Prohibit District Attorney from Peremptorily Challenging Prospective Black Jurors May 2021
  • Motion to Prohibit Prosecutor from Telling the Jury that Mitigating Factors are Things that Reduce the Severity of the Crime May 2021
  • Motion to Require Sequestration of State’s Witnesses May 2021
  • Request for Special Instruction on the Highest Aim of Every Criminal Trial May 2021

Motions to File As Soon As Client is Charged

  • Motion to Compel State to Disclose Evidence that Would Assist Motions Filed by Defendant to Have a Reasonable Bond Set May 2021
  • Motion to Preserve State’s Files May 2021
  • Seal Juvenile Record May 2021

Other Pre-Trial Motions

  • GlossipMaterials May 2021
  • Motion for Bill of Particulars May 2021
  • Motion for Continuance May 2021
  • Motion for Disclosure of Aggravating Circumstances May 2021
  • Motion for Disclosure of Identification Procedures May 2021
  • Motion for Disclosure of State’s Theory of Acting-in-Concert May 2021
  • Motion for Discovery Pusuant to N.C. Gen. Stat. 15A-903 May 2021
  • Motion for Pre-Trial Hearing to Determine that Defendant is Mentally Retarded May 2021
  • Motion for Production of Exculpatory Information May 2021
  • Motion for Separate Juries May 2021
  • Motion for Separate Trial May 2021
  • Motion in Limine Unrecorded Statements of Defendant May 2021
  • Motion to Compel Investigating Officers to Turn Over All Information Related to the Investigation of this Case to Prosecutors May 2021
  • Motion to Compel State to Disclose Felonies It Intends to Use to Support Felony-Murder Theory May 2021
  • Motion to Compel State to Disclose Theory Upon Which It Seeks a Conviction of First Degree Murder May 2021
  • Motion to Disclose Penalty Phase Information May 2021
  • 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 Prevent the State from Seeking the Death Penalty and Objections to this Court Declaring this Case Capital May 2021
  • Motion to Prohibit a Death Sentence Based on the International Covenant on Civil and Political Rights and Customary International Law May 2021
  • Motion to Reveal Deals or Concessions May 2021
  • MotionDetermineIntellDisability May 2021
  • MotionToDeclareDPUnconst May 2021
  • Request for Discovery May 2021
  • Strike DP SMI Sample May 2021

Penalty Phase Instruction Requests

  • Discretion in Capital Sentencing Instructions May 2021
  • Jury Instructions. Penalty Phase Revised 3-2000 Version May 2021
  • Motion for Court to Give Understandable Jury Instructions May 2021
  • Motion for Jury Instruction under Enmund v. Florida and Tison v. Arizona May 2021
  • Motion for Peremptory Instructions on Mitigating Circumstances May 2021
  • Motion to Instruct Jury On Defendant’s Burden of Proof On Mitigating Circumstances May 2021
  • Motion to Instruct Jury on Emotionally Troubled Youth as a Mitigating Circumstance May 2021
  • Motion to Instruct Jury on Evidence of Low I.Q. May 2021
  • Motion to Instruct Jury on Satisfactory Prison Adjustment May 2021
  • Motion to Instruct the Jury on Age as a Statutory Mitigating Factor May 2021
  • Motion to Preclude State from Using any Juvenile Conviction as an Aggravating Factor May 2021
  • Motion to Restrict Prosecutor’s Argument May 2021
  • Objection to Use of NCGS 15A-2000e5 (fairness, double jeopardy, cruel & unusal) May 2021
  • Objection to Use of NCGS 15A-2000e9 (vague & broad) May 2021
  • Request for Jury Instruction Definition of Mitigating Circumstance May 2021
  • Request for Jury Instruction on Personal Viewpoints May 2021
  • Request for Jury Instruction Re Sympathy and Mercy May 2021
  • Request for Jury Instruction–Life Without Parole (I) May 2021
  • Request for Jury Instruction–Life Without Parole (II) May 2021
  • Request for Jury Instruction–Residual Doubt May 2021
  • Request for Jury Instruction–Residual Mitigating Circumstances May 2021
  • Request for Jury Instruction–Vicarious Liability with Regard to N.C. Gen. Stat. 15A-2000(e)(9) May 2021
  • Understandable Jury Instructions May 2021

Racial Justice Act

  • BatsonJustification May 2021
  • TopGunBlckOut May 2021
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Indigent Defense Services
123 West Main Street, Suite 400
Durham, North Carolina 27701
Phone: (919) 354-7200
Fax: (919) 354-7201

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