Practitioner Resources

Motion to Withdraw

Posted by emily on August 18, 2009
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Attorneys with the Maricopa County Public Defender’s Office moved to withdraw due to unreasonable time constraints preventing the defense team from being able to satisfy the requirements of the ABA Guidelines and the 6th Amendment right to effective assistance of counsel.

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Competency to Waive Appeals

Posted by emily on July 06, 2009
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The following is a Next Friend request for an evidentiary hearing to determine a death row inmate’s competency to waive his right to postconviction counsel and further litigate his conviction and death sentence.

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Motion to Compel SMUII Documents

Posted by emily on July 06, 2009
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Habeas counsel filed a motion to compel the production of ADOC documents regarding the Special Management Units at Eyman Prison Complex.

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Motion to Determine Sentence

Posted by emily on July 06, 2009
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Counsel moved to have the trial court determine whether it would sentence the defendant to natural life or life without the possibility of parole for 25 years prior to the  sentencing phase, in the event the jury chose not to sentence the defendant to death. The purpose of this request is to use the sentencing determination in mitigation and inform the jury of the sentence the defendant would serve if he were not sentenced to death.

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Motion to Videotape Voir Dire

Posted by emily on July 06, 2009
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This motion seeks to videotape the voir dire process in order to preserve evidence of the jurors’ demeanor.

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Motion to Preclude Death Penalty

Posted by emily on July 03, 2009
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Defendant’s motion to preclude the death penalty on the basis of an improper relevancy determination for mitigating evidence. This motion specifically object’s to the continued practice of giving de minimis weight to mitigation when defendant is unable to demonstrate a causal nexus to the crime.

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Motion to Preclude Aggravators

Posted by emily on July 03, 2009
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The following are motions to prohibit the prosecution from presenting evidence of particular aggravating factors.

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Motion to Preclude Use of the Term “Aggravation Phase”

Posted by emily on July 03, 2009
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Motion to Preclude Term Aggravation Phase

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Motion to Preclude Death Penalty

Posted by emily on July 03, 2009
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This motion sought to expand the U.S. Supreme Court’s categorical ban on the execution of mentally retarded defendants to those suffering mental illness.

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Motion for Resources

Posted by emily on July 03, 2009
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The Project has an extensive collection of funding motions, including requests for investigators, paralegals, experts, and mitigation specialists.  Because these motions were filed under seal and ex parte, we cannot post them here.

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