Difference between revisions of "China Criminal Defense Manual - Motions"

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(Created page with 'MOTIONS IN A CRIMINAL CASE I. Motions for Access to Client A. Application for Client Interview 1. Private Interview - Regular visiting schedule 2. Unshackled Interview �')
 
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MOTIONS IN A CRIMINAL CASE
 
MOTIONS IN A CRIMINAL CASE
  
I. Motions for Access to Client
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#Motions for Access to Client
A. Application for Client Interview
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##Application for Client Interview
1. Private Interview - Regular visiting schedule
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###Private Interview - Regular visiting schedule
2. Unshackled Interview
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###Unshackled Interview
3. Client Inspection of Documents
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###Client Inspection of Documents
4. Expert Examination of Client
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###Expert Examination of Client
B. Conditions of Confinement
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##Conditions of Confinement
1. Appropriate Medical Care
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###Appropriate Medical Care
a. Medical Examination
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####Medical Examination
b. Medical Treatment
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####Medical Treatment
 
c. Diet & Exercise
 
c. Diet & Exercise
 
2. Family Visits
 
2. Family Visits

Revision as of 14:51, 31 May 2010

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

c. Diet & Exercise 2. Family Visits 3. Appropriate Classification in the Jail C. Notification of Whereabouts Within 24 Hours of Change in Location II. Motion for Release Pending Trial A. Presumption of Innocence B. Presumption of Bail C. Reasonable Bail to Assure Appearance at Trial III. Motions for Access to Evidence A. Discovery of Relevant Evidence from the Prosecutor/Trial Court 1. Documents in the Case Against the Client a. Statements b. Opinions and Bases for Opinions c. Review of Physical Evidence d. Other Crimes Evidence e. Names of Informants and Witnesses 2. Documents from Previous Cases a. History of Falsehoods b. Crimes of Moral Turpitude c. Convictions of Crimes d. Previous Testimony/Expert Opinions B. Application to Interview Witnesses in Custody 1. Witnesses for the Prosecution 2. Witnesses for the Defense C. Application for Documents from Third Parties 1. Employment Records 2. Medical Records D. Application to Preserve Evidence IV. Motions to Determine Charges Against Client A. Motion for Indictment & Right to Speedy Trial B. Motion for More Definite Statement of Charges 1. Names, Dates, Locations 2. More Specific Crimes/Elements of the Crime(s)


C. 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 V. Motion to Continue Trial A. Lack of Timely or Meaningful Access to Client B. Lack of Timely Review of Evidence C. Inability to Prepare a Defense 1. Evidence to Review 2. Investigation to Conduct 3. Evidence to Present to the Court D. Client is Incompetent to Proceed 1. Cannot rationally understand the proceedings 2. Cannot aid and assist the lawyer VI. Motions to Exclude Unreliable Evidence A. 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 B. Unreliable Identifications 1. Suggestive Identification Procedures 2. Lack of Opportunity to Observe 3. Cross-racial Identifications C. Unreliable Scientific Opinion 1. Untested procedures 2. Non-standard Procedures 3. History of Error 4. Conclusions not Supported by the Test Results D. Biased Witnesses 1. Jail Informants 2. Accomplices VII. Application to Produce Evidence at Trial A. Hearsay Evidence & the Right to Cross-examination B. Application to Compel Attendance of Witnesses & Records VIII. Application to Consider Lesser Charges IX. Application to Consider New Evidence After Verdict or Sentence