Updated Mayday 2000
MOTION BANK
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NEW

MISSOURI MATERIALS FROM PILC Habeas Corpus Petitions (Federal) Faye Copeland Battered Woman - duress pdf: 0016703 James Chambers Self Defense pdf: 0000574 Habeas Corpus Petitions (State) Ed T. Reuscher Petition pdf: 0013738 Traverse Lloyd E. Schlup innocence pdf: 000351901 Faye D. Copeland Anti-terrorism and Effective Death Penalty Act pdf: 0018843 Sample Motions Stay of Execution pdf: 0008648 Fedral Rule 60 (b) pdf: 0005223 Funds Chambers pdf: 0013128 Fedral Rule 59 (e) motoion pdf: 0017648 Faye Copeland Motion for Hearing pdf: 19205 Clemency Petitions Bobby Lewis Shaw Mental retardation pdf: 0007583 Lloyd E. Schlup innocence pdf: 0009045 Steven W. Parkus insanity pdf: LGD0069 Motion for Rehearing Joseph Amrine pdf: 0014975 Steven W. Parkus pdf: 0016953 Briefs Schlup v. Delco Supreme Court pdf: 0010249 Parkus v. Bowersox Ineffective Counsel pdf: B0081 State v. Edwards Battered woman syndrome, self defense pdf: SD00017 State v. Cook Discovery violation pdf: 0018254 Wilkins v. Delo invalid guilty plea pdf: 0011379 Certiorari Petitions Ed T. Reuscher pdf: 0012673 Schlup v. Delo pdf: 0011718 Motion to Recall Mandate Ed T. Reuscher pdf: 0012673 Post-Hearing briefs Lloyd E. Schlup innocence pdf: INNOCEB Lloyd E. Schlup ineffctive counsel pdf: IACHARG Steven W. Parkus ineffctive counsel pdf: E0012768 Joseph Amrine innocence pdf: B018001

 
 

From CapDefNet:
Jury selection Motions

Alternates

Order (availability of alternate jurors for penalty deliberations), United States v. Lonnie O’Bryant et al.

 
Attorney participation in voir dire

Motion to Permit Counsel to Participate in Voir Dire
Affidavit of Ronald C. Dillehay (attorney-conducted voir dire)
Affidavit of Cathy Bennett (attorney-conducted voir dire)
Motion to Permit Counsel to Question Jurors During Voir Dire and Memorandum in Support, United States v. Deric Frank (SDNY)

Memorandum in Support of Motion for Mistrial Due to Inadequate and Restrictive Voir Dire Regarding the Juror’s Death Penalty and Particularly Mitigation Views and Due to Denial of Attorney Participation, United States v. Jean Claude Oscar (EDVa)

Voir Dire Procedures in Federal Death Penalty Cases

 
Composition challenges

Preliminary Motion to Dismiss Indictment and/or Stay the Proceedings Against [Defendant] Due to the Underrepresentation of Blacks in the Grand and Petit Jury Selection Processes and for Other Violations of the Jury Selection and Service Act of 1968 [with supporting brief], United States v. Anthony Battle (NDGa)
Motion for Reconsideration of Order of Magistrate Recommending Denial of Defendant’s Jury Challenge Motion and Supplement to Defendant’s Jury Challenge Motion with Incorporated Authority, United States v. Anthony Battle (NDGa)
Defendant’s Reply to Government’s Post-Hearing Response in Opposition to Defendant’s Jury Challenge Motion, United States v. George Williams (NDGa)

Objections of [Defendant] to Report and Recommendation on Jury Challenge Issue, United States v. George Williams (NDGa)

 
Evaluation of prospective jurors

Juror evaluation sheet

Juror evaluation notes sheet

 
Experts (to assist with jury selection)

Affidavit of David Bruck (frequency of use of jury experts in federal capital cases)

 
Individual voir dire

Motion for Individual, Sequestered Voir Dire, at least as to Punishment Views, Exposure to Pretrial Publicity/Discussion, and Possible Racial Prejudice and Memorandum in Support, United States v. Deric Frank (SDNY)

Affidavit of Kevin McNally (frequency of individual voir dire in federal capital cases)

Voir Dire Procedures in Federal Death Penalty Cases

Multiple juries

Procedure Order (dual jury trial procedures and matters pertaining to jury conduct)

Overview

Voir Dire Procedures in Federal Death Penalty Cases

Opinions concerning jury selection in federal capital cases

Index to Opinions in Federal Capital Cases Involving Jury Selection

Opinions in Federal Capital Cases Involving Jury Selection

 
Peremptory strikes

Motion for Full Complement of Twenty Peremptory Challenges (sample)

Questionnaires

Index of Available Jury Questionnaires
Stipulated Joint Juror Questionnaire, United States v. Louis Jones (NDTex)
Defendant’s Proposed Juror Questionnaire, United States v. Ronald Eugene Mathis (MDFla)
Juror Questionnaire, United States v. Deric Frank (SDNY)
Prospective Juror Questionnaire (Defense Version)
Notice of Final Version of Juror Questionnaire, United States v. Orlando Hall (NDTx)
Jury Questionnaire, United States v. Theodore Kaczynski (EDCa)
Views on punishment in a murder case (sample questions)

Attitudes regarding the death penalty (sample questions)

Voir Dire Procedures in Federal Death Penalty Cases

 
Recommended jury selection procedures

Recommended Jury Selection Procedures (letter from defense counsel to court), United States v. Deric Frank
Defendant Shaheem Johnson’s Memorandum of Law Regarding the Scope of Appropriate Voir Dire in a Capital Case, United States v. Shaheem and Raheem Johnson (EDVa)
Memorandum of Law in Support of Defendant ... McCullah’s Request for Voir Dire Procedures, United States v. John McCullah (EDOk)
Defendant Chanthadara’s Motion for Adoption of Jury Selection Procedures, United States v. Bountaem Chanthadara (D.Ks)

Defendant Chanthadara’s Brief in Support of Motion for Adoption of Jury Selection Procedures, United States v. Bountaem Chanthadara (D.Ks)

Scope of questions in voir dire

Defendant’ Memorandum of Law Objecting to "Death Qualification" and, in the Alternative, Regarding the Scope of Appropriate Voir Dire in a Capital Case, United States v. Deric Frank (SDNY)
Defendant Shaheem Johnson’s Memorandum of Law Regarding the Scope of Appropriate Voir Dire in a Capital Case, United States v. Shaheem and Raheem Johnson (EDVa)
Defendants Shaheem and Raheem Johnson’s Request for Additional Voir Dire Questions [on punishment, views of other jurors, drug trafficking], United States v. Shaheem and Raheem Johnson (EDVa)
Memorandum in Support of Motion for Mistrial Due to Inadequate and Restrictive Voir Dire Regarding the Juror’s Death Penalty and Particularly Mitigation Views and Due to Denial of Attorney Participation, United States v. Jean Claude Oscar (EDVa)
Defendant’s Requested Voir Dire by the Court on Punishment Issues, United States v. Deric Frank (SDNY)
Motion to Supplement the Court’s Voir Dire Inquiry, as Necessary, and Requested Supplemental Inquiry [on pretrial publicity, racial attitudes, and the death penalty], United States v. Stacy Culbert (EDMi)

 
Strike procedures

Order Excusing Jurors for Cause, United States v. Ronald Eugene Mathis (MDFla)

Miscellanious motions

Assignment of Judge
Motion to Disclose Whether Court Was Assigned at Random
Bill of particulars
Order granting as to unnamed and unindicted co-conspirators and other ambiguities in the indictment
Bill of Particulars and Memorandum in Support concerning the charges and the aggravating circumstances
Bill of Particulars re death notice
Defense reply to Government opposition to Bill of Particulars re death notice
Co-defendants
Motion for discovery from co-defendants in joint trial
Demanding discovery under Rule 16 and Brady


Letter to Government
Motion for Discovery and Inspection
Motion for Disclosure of Exculpatory Evidence
Motion for Discovery and Inspection of Information and Evidence in Aggravation
Motion for disclosure of USA's authorization recommendation to DOJ (to get at exculpatory evidence)

Motions for discovery of exculpatory penalty phase evidence
Early production of Government witness list


Defense letter concerning early production of Government witness list
Motion for production of witness list

Reply to Government opposition to production of witness list and venire list
Early production of Jencks and/or Brady materials


Order granting in United States v. Gonzales (D.NM)
Order granting in United States v. Rosado-Rosario (D.PR)
Defense memorandum concerning early production of Jencks/Brady materials
Defense letter concerning early production of Jencks/Brady materials

Defense motion and memo concerning early production of Jencks/Brady materials

Hearsay evidence/non-specific


Motion for notice of intention to use residual hearsay (Rule 803(24))

Motion for notice of intention to use residual hearsay (Rule 804(b)(5))
 
Informants, Cooperating Prosecution Witnesses, and Individuals interviewed but not to be called by the Government


Motion for discovery concerning use of Informants and Cooperating Witnesses

Motion for pretrial production of statements of individuals not to be called
Pre-DOJ-authorization discovery
Order granting in United States v. Gonzales
Race discrimination


Orders concerning discovery

Order and Memorandum Opinion Denying Discovery in United States v. Holloway (MDTn)
Rule 17 subpoenas


FDPRCmemo concerning Rule 17 subpoenas for jail/prison/medical records
Motion concerning subpoena for Bureau of Prison information
Motion concerning defense subpoena of medical and social history records of defendant and family members
Order concerning defense subpoena of medical and social history records of defendant and family members
Memoranda opposing Government subpoenas for defendant's social history records
Memorandum responding to government motion to quash subpoena of FBI agents for suppression hearing
Motion for subpoena of victim records and documents concerning impact on victim family

Memorandum responding to Government (lack of standing to assert) opposition to defense subpoena for victim's employment records
Sanctions for Government's failure to to comply with ordered discovery


Order treating case as non-capital from United States v. Rosado-Rosario (D.PR)

Severance

From United States v. Tipton, et al, (E.D.Va 1992)
Objections to Magistrate’s recommendation in United States v. Wyrick (W.D.Mo. 1994)
From United States v. McVeigh (D.Co. 1996)

 
Suppressible Evidence -- Government intention to use
Motion for Notice (pursuant to Rule 12(d)(2)) of Government's intention to use specific evidence subject to suppression
Venire -- list of persons summoned
Motion for production of venire list

 
 

 Motions from Louisana Indigent Defense Board: (http://www.lidb.com/defencem.htm)

MOTION TO PRECLUDE THE DISTRICT ATTORNEY'S OFFICE FROM SEEKING THE DEATH PENALTY AGAINST MR. CLIENT

MOTION TO QUASH AS UNCONSTITUTIONAL THE LOUISIANA CAPITAL MURDER STATUTE

MOTION TO BAR DEATH PENALTY AS CRUEL, UNUSUAL AND DEGRADING PUNISHMENT

MOTION TO PRECLUDE THE DEATH PENALTY ON THE GROUNDS OF RACIAL DISCRIMINATION

MOTION TO ASSURE THAT MITIGATING CIRCUMSTANCES RECEIVE THEIR DUE WEIGHT AND ATTENTION FROM THE JURY

NOTICE OF INTENT TO INTRODUCE CO-INDICTEES' SENTENCES

MOTION FOR JURY VIEW OF THE EXECUTION PROCESS

NOTICE OF INVOLVEMENT

DEMAND FOR NOTICE OF AGGRAVATING CIRCUMSTANCES

JACKSON DEMAND FOR NOTICE OF ANY BAD ACTS THAT THE STATE MAY WISH TO USE AT EITHER PHASE

DEMAND FOR BERNARD NOTICE & MOTION FOR DISCOVERY OF INFORMATION RELATING TO THE LESS AUSPICIOUS ASPECTS OF THE REPUTATION OF THE DECEASED IN THIS CASE

MOTION TO STRIKE INAPPLICABLE AGGRAVATING CIRCUMSTANCES

MOTION TO PRECLUDE THE STATE FROM RELYING ON ANY NON-STATUTORY AGGRAVATING CIRCUMSTANCES

MOTION TO PRECLUDE THE STATE FROM INTRODUCING VICTIM-IMPACT EVIDENCE

MOTION TO PRECLUDE MR. CLIENT'S EXECUTION ON THE BASIS OF INACCURATE SPECULATION CONCERNING PAROLE

MOTION TO EXCLUDE EVIDENCE OF PRIOR BAD ACTS

MOTION TO BAR INTRODUCTION OF ANY EVIDENCE RELATING TO UNCONSTITUTIONAL PRIOR CONVICTION

MOTION TO REQUIRE THE PROSECUTION TO RESPOND IN WRITING TO EVERY WRITTEN MOTION FILED BY THE DEFENSE

MOTION FOR COMPLETE RECORDATION OF ALL PRE-TRIAL AND TRIAL PROCEEDINGS

MOTION FOR LIMITED DAILY TRANSCRIPTS

ASSERTION OF RIGHT TO BE PRESENT

MOTION TO PRECLUDE MR. CLIENT FROM BEING SHACKLED IN PUBLIC

MOTION TO ALLOW ACCUSED TO APPEAR AT PRETRIAL HEARINGS AND TRIAL IN CIVILIAN CLOTHES, FOR FUNDS TO PURCHASE CLOTHES

MOTION TO REQUIRE CONSTITUTIONAL INCARCERATION

MOTION TO ENJOIN THE VICTIM'S FAMILY AND FRIENDS FROM SITTING DIRECTLY BEFORE THE JURY AND SHOWING EMOTION IN THE COURTROOM DURING THE TRIAL

MOTION TO PRECLUDE UNIFORMED POLICE OFFICERS FROM ATTENDING THE PROCEEDINGS AGAINST MR. CLIENT AND LIMIT THE SHOW OF FORCE IN THE COURTROOM

MOTION FOR BAIL AND/OR A PRELIMINARY HEARING

MOTION TO SEQUESTER WITNESSES PRIOR TO AND DURING THE TRIAL OF THIS CASE

MOTION TO ENJOIN THE PROSECUTION FROM INFORMING WITNESSES AS TO WHAT OTHER WITNESSES MAY HAVE SAID OR FROM PREPPING ITS WITNESSES TOGETHER

MOTION TO ADJOURN AT A REASONABLE TIME

NOTICE OF INTENTION TO FILE OTHER MOTIONS

EX PARTE MOTION FOR APPOINTMENT OF TWO COUNSEL

MOTION FOR ADEQUATE COMPENSATION OF COUNSEL

MOTION FOR PERMISSION TO PROCEED EX PARTE ON APPLICATIONS FOR FUNDS

EX PARTE MOTION FOR FUNDS FOR EXPERT ASSISTANCE IN THE FIELDS OF PSYCHIATRY/PSYCHOLOGY AND MITIGATION INVESTIGATION

MOTION FOR PERMISSION TO PROCEED EX PARTE ON APPLICATIONS FOR OUT-OF-STATE WITNESSES

EX PARTE MOTION FOR OUT-OF-STATE WITNESS

ORDER

CERTIFICATE OF MATERIALITY

MOTION FOR ORDER ALLOWING ACCESS TO PHYSICAL EVIDENCE

MOTION FOR DISCOVERY OF INFORMATION CONCERNING THE DNA TESTING PERFORMED IN THIS CASE

MOTION TO EXCLUDE LATTER-DAY VOODOO SEROLOGY EVIDENCE PROPOSED BY STATE EXPERTS

MOTION TO EXCLUDE BOGUS STATISTICAL EVIDENCE PROPOSED BY STATE EXPERTS

MOTION TO SUPPRESS HAIR RESULTS (IS THIS NINETEENTH CENTURY SCIENCE OR TWENTIETH CENTURY VOODOO?)

MOTION FOR DISCLOSURE OF ANY POSSIBLE BASIS OF JUDICIAL RECUSAL

MOTION FOR JUDICIAL RECUSAL

MOTION FOR DISCOVERY OF ANY POSSIBLE BASIS FOR DISQUALIFICATION OF THE PROSECUTING ATTORNEY

MOTION FOR DISCOVERY OF INFORMATION NECESSARY TO A FAIR TRIAL

MOTION TO REVEAL THE DEAL

MOTION TO REVEAL LAW ENFORCEMENT REPORTS

MOTION TO REVEAL RAP SHEETS AND NCIC REPORTS

DEMAND FOR DISCOVERY OF EVIDENCE RELEVANT TO POSSIBLE MITIGATING CIRCUMSTANCES

MOTION TO SUPPRESS STATEMENTS

MOTION TO SUPPRESS EVIDENCE

MOTION TO SUPPRESS EVIDENCE SEIZED AFTER ILLEGAL ARREST

MOTION TO SUPPRESS IDENTIFICATION EVIDENCE

MOTION TO SUPPRESS PSYCHIATRIC EVIDENCE

MOTION TO PRECLUDE CREATION OF SNITCH TESTIMONY

MOTION TO EXCLUDE ACCOMPLICE/SNITCH TESTIMONY

MOTION TO CONTROL PREJUDICIAL PUBLICITY

ORDER

MOTION FOR CHANGE OF VENUE

MOTION FOR CONTINUANCE

MOTION TO REMEDY PROSECUTORIAL ABUSE

MOTION FOR A TRANSCRIPT OF THE GRAND JURY PROCEEDINGS OR TO DISMISS THE INDICTMENT, OR: THE GRAND JURY WAS ORIGINALLY INTENDED TO PROTECT THE ACCUSED, AND IT IS TIME TO TAKE IT BACK

MOTION TO DISMISS THE INDICTMENT ON ACCOUNT OF ABUSE OF THE GRAND JURY PROCESS

MOTION TO QUASH THE INDICTMENT

PRELIMINARY MOTION TO QUASH THE INDICTMENT AND CHALLENGE TO THE COMPOSITION OF THE GRAND AND PETIT JURIES

MOTION TO QUASH INDICTMENT AND CHALLENGE TO COMPOSITION OF GRAND AND TRAVERSE JURY POOLS

MOTION TO QUASH THE INDICTMENT ON ACCOUNT OF DISCRIMINATION IN THE SELECTION OF GRAND JURY FOREPERSONS

MOTION FOR INDIVIDUAL SEQUESTERED VOIR DIRE

MOTION FOR ADEQUATE SEQUESTRATION OF JURORS

MOTION TO PRECLUDE THE STATE FROM USING PEREMPTORY CHALLENGES TO EXCLUDE POTENTIAL JURORS ON THE BASIS OF THEIR RACE

MOTION TO PRECLUDE THE STATE FROM USING PEREMPTORY CHALLENGES TO EXCLUDE POTENTIAL JURORS ON THE BASIS OF THEIR GENDER

MOTION TO SERVE JURY SUMMONS BY MAIL AND TO FORBID THE EXTRAJUDICIAL EXCLUSION OF ANY JUROR

MOTION FOR JURY QUESTIONNAIRE

JUROR INFORMATION QUESTIONNAIRE

MOTION FOR COMPENSATION OF JURORS AT CURRENT WAGES AND FOR REIMBURSEMENT TO PRIMARY CAREGIVERS FOR DAY CARE COSTS

MOTION FOR ADDITIONAL PEREMPTORY CHALLENGES

PETITION FOR SUPERVISORY WRITSTO VACATE ILLEGAL TRIAL DATE AND TO ALLOW A REASONABLE TIME TO PREPARE FOR TRIAL

APPLICATION FOR SUPERVISORY WRITS TO REVIEW ORDER DENYING MOTION TO BAR PROSECUTION UNDER DOUBLE JEOPARDY CLAUSE

MOTION TO PRODUCE NEGATIVES

MOTION TO SUPPRESS GRUESOME GUILT PHASE PHOTOGRAPHS & EVIDENCE

MOTION TO SUPPRESS GRUESOME PENALTY PHASE PHOTOGRAPHS & EVIDENCE

NOTICE OF PROPOSED STIPULATION

MOTION TO PROHIBIT PROSECUTORIAL MISCONDUCT

MOTION TO LIMIT REBUTTAL ARGUMENT

MOTION TO PRECLUDE PROSECUTION FROM CHANGING HORSE IN MIDSTREAM

NOTICE OF INTENTION TO USE PRIOR STATEMENTS OF GOVERNMENT REPRESENTATIVES AS SUBSTANTIVE EVIDENCE IN THIS CASE

MOTION TO REQUIRE THE STATE TO FURNISH PROPOSED JURY INSTRUCTIONS TWENTY-FOUR HOURS PRIOR TO TRIAL

OBJECTIONS TO THE STATE'S CENTRAL SENTENCING INSTRUCTION

MOTION FOR PROCESS INSTRUCTIONS

SAMPLE CULPABILITY JURY INSTRUCTIONS

SAMPLE PENALTY JURY INSTRUCTIONS