Practitioner Resources

Sample Motions

Posted by emily on June 02, 2011
Practitioner Resources / No Comments

The following are sample motions to cover a variety of issues in a capital case.

ABA Guidelines, Condensed

Posted by emily on December 16, 2010
Practitioner Resources / No Comments

David Bruck has written a brief 7-page article, boiling down the ABA Guidelines.

Tags:

Objection to IQ Prescreen

Posted by emily on September 20, 2010
Practitioner Resources / No Comments

The following pleadings are from a recent Maricopa County case, where defense counsel objected to the IQ prescreen of the defendant, prior to any social history investigation.

ABA Ethics Opinion

Posted by emily on September 20, 2010
Practitioner Resources / No Comments

The ABA has issued an ethics opinion regarding defense counsel’s disclosure of privileged information to a prosecutor in response to a former client’s claim of ineffective assistance of counsel.  The ABA concludes that although an IAC claim “ordinarily waives the attorney-client privilege with regard to some otherwise privileged information…it is highly unlikely that a disclosure in response to a prosecution request, prior to a court-supervised response by way of testimony or otherwise, will be justifiable.”

Tags: ,

Procedural Order re Admissibility of Forensic Evidence

Posted by emily on March 30, 2010
Practitioner Resources / No Comments

Judge Gertner of the US District Court for the District of Massachusetts ordered defense counsel and prosecutors not to presume forensic evidence, including fingerprints and ballistics, would be admissible. The order relies heavily on the 2009 NAS report on forensic science.

Tags:

Order Dismissing F(2) & F(6)

Posted by amy on October 09, 2009
Practitioner Resources / No Comments

2009-10-05 Order Dismissing 2 Aggravators

Tags: , ,

Motion to Dismiss F(6)

Posted by amy on October 09, 2009
Practitioner Resources / No Comments

Motion to Dismiss-13-703-F-6-final

Tags: ,

Motion to Dismiss F(2)

Posted by amy on October 09, 2009
Practitioner Resources / No Comments

Motion to Dismiss-13-703-F-2-final

Tags: ,

LWOP Survey

Posted by emily on September 01, 2009
Practitioner Resources / No Comments

The Death Penalty Information Center has conducted a survey of the availability of life without parole sentences in capital cases.  This survey may be helpful in instructing a jury on a defendant’s possible sentences.

Tags: , ,

Right to a Speedy Trial

Posted by emily on August 18, 2009
Practitioner Resources / No Comments

In 2007, defense counsel filed a motion to strike the death notice on the basis of the defendant’s complete lack of appointed counsel for several months after the indictment.

Tags: ,