China Criminal Defense Manual - Motions

MOTIONS IN A CRIMINAL CASE

1. Motions for Access to Client
   1. Application for Client Interview
      1. Private Interview - Regular visiting schedule
      2. Unshackled Interview
      3. Client Inspection of Documents
      4. Expert Examination of Client
   2. Conditions of Confinement
      1. Appropriate Medical Care
         1. Medical Examination
         2. Medical Treatment
         3. Diet & Exercise
      2. Family Visits
      3. Appropriate Classification in the Jail
   3. Notification of Whereabouts Within 24 Hours of Change in Location
2. Motion for Release Pending Trial
   1. Presumption of Innocence
   2. Presumption of Bail
   3. Reasonable Bail to Assure Appearance at Trial
3. Motions for Access to Evidence
   1. Discovery of Relevant Evidence from the Prosecutor/Trial Court
      1. Documents in the Case Against the Client
         1. Statements
         2. Opinions and Bases for Opinions
         3. Review of Physical Evidence
         4. Other Crimes Evidence
         5. Names of Informants and Witnesses
      2. Documents from Previous Cases
         1. History of Falsehoods
         2. Crimes of Moral Turpitude
         3. Convictions of Crimes
         4. Previous Testimony/Expert Opinions
   2. Application to Interview Witnesses in Custody
      1. Witnesses for the Prosecution
      2. Witnesses for the Defense
   3. Application for Documents from Third Parties
      1. Employment Records
      2. Medical Records
   4. Application to Preserve Evidence
4. Motions to Determine Charges Against Client
   1. Motion for Indictment & Right to Speedy Trial
   2. Motion for More Definite Statement of Charges
      1. Names, Dates, Locations
      2. More Specific Crimes/Elements of the Crime(s)
   3. Application to Dismiss Charges
      1. The Charge is Not a Crime
      2. Double Jeopardy - Prior Finding of Not Guilty, Lesser Crime or Sentence for Same Crime
      3. Change in the Law
      4. Same Charges Listed as Two or More Crimes
      5. Conduct Alleged is Protected by Other Laws
      6. Lack of Jurisdiction
5. Motion to Continue Trial
   1. Lack of Timely or Meaningful Access to Client
   2. Lack of Timely Review of Evidence
   3. Inability to Prepare a Defense
      1. Evidence to Review
      2. Investigation to Conduct
      3. Evidence to Present to the Court
   4. Client is Incompetent to Proceed
      1. Cannot rationally understand the proceedings
      2. Cannot aid and assist the lawyer
6. Motions to Exclude Unreliable Evidence
   1. Involuntary Confessions or Witness Statement: Threats, Promises or Coercion
      1. Physical
      2. Psychological
      3. Conditions of Confinement & Denial of Rights to Counsel
      4. Threats or Harm to Family
   2. Unreliable Identifications
      1. Suggestive Identification Procedures
      2. Lack of Opportunity to Observe
      3. Cross-racial Identifications
   3. Unreliable Scientific Opinion
      1. Untested procedures
      2. Non-standard Procedures
      3. History of Error
      4. Conclusions not Supported by the Test Results
   4. Biased Witnesses
      1. Jail Informants
      2. Accomplices
7. Application to Produce Evidence at Trial
   1. Hearsay Evidence & the Right to Cross-examination
   2. Application to Compel Attendance of Witnesses & Records
8. Application to Consider Lesser Charges
9. Application to Consider New Evidence After Verdict or Sentence

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