China Criminal Defense Manual - Motions - Revision history

Ibjadmin at 20:23, 8 June 2010

2010-06-08T20:23:06Z

← Older revision		Revision as of 22:23, 8 June 2010
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	#Application to Consider Lesser Charges		#Application to Consider Lesser Charges
	#Application to Consider New Evidence After Verdict or Sentence		#Application to Consider New Evidence After Verdict or Sentence

			----

			See [[China \| China Criminal Defense Manual]]

Ibjadmin: moved Motions (China) to China Criminal Defense Manual - Motions

2010-06-08T12:58:11Z

moved Motions (China) to China Criminal Defense Manual - Motions

← Older revision	Revision as of 14:58, 8 June 2010
(No difference)

Ibjadmin at 12:54, 31 May 2010

2010-05-31T12:54:27Z

← Older revision		Revision as of 14:54, 31 May 2010
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	####Medical Examination		####Medical Examination
	####Medical Treatment		####Medical Treatment
	c. Diet & Exercise		####Diet & Exercise
	2. Family Visits		###Family Visits
	3. Appropriate Classification in the Jail		###Appropriate Classification in the Jail
	C. Notification of Whereabouts Within 24 Hours of Change in Location		##Notification of Whereabouts Within 24 Hours of Change in Location
	~~II.~~ Motion for Release Pending Trial		#Motion for Release Pending Trial
	A. Presumption of Innocence		##Presumption of Innocence
	B. Presumption of Bail		##Presumption of Bail
	C. Reasonable Bail to Assure Appearance at Trial		##Reasonable Bail to Assure Appearance at Trial
	~~III.~~ Motions for Access to Evidence		#Motions for Access to Evidence
	A. Discovery of Relevant Evidence from the Prosecutor/Trial Court		##Discovery of Relevant Evidence from the Prosecutor/Trial Court
	1. Documents in the Case Against the Client		###Documents in the Case Against the Client
	a. Statements		####Statements
	b. Opinions and Bases for Opinions		####Opinions and Bases for Opinions
	c. Review of Physical Evidence		####Review of Physical Evidence
	d. Other Crimes Evidence		####Other Crimes Evidence
	e. Names of Informants and Witnesses		####Names of Informants and Witnesses
	2. Documents from Previous Cases		###Documents from Previous Cases
	a. History of Falsehoods		####History of Falsehoods
	b. Crimes of Moral Turpitude		####Crimes of Moral Turpitude
	c. Convictions of Crimes		####Convictions of Crimes
	d. Previous Testimony/Expert Opinions		####Previous Testimony/Expert Opinions
	B. Application to Interview Witnesses in Custody		##Application to Interview Witnesses in Custody
	1. Witnesses for the Prosecution		###Witnesses for the Prosecution
	2. Witnesses for the Defense		###Witnesses for the Defense
	C. Application for Documents from Third Parties		##Application for Documents from Third Parties
	1. Employment Records		###Employment Records
	2. Medical Records		###Medical Records
	D. Application to Preserve Evidence		##Application to Preserve Evidence
	~~IV.~~ Motions to Determine Charges Against Client		# Motions to Determine Charges Against Client
	A. Motion for Indictment & Right to Speedy Trial		##Motion for Indictment & Right to Speedy Trial
	B. Motion for More Definite Statement of Charges		##Motion for More Definite Statement of Charges
	1. Names, Dates, Locations		###Names, Dates, Locations
	2. More Specific Crimes/Elements of the Crime(s)		###More Specific Crimes/Elements of the Crime(s)
			##Application to Dismiss Charges
			###The Charge is Not a Crime
	C. Application to Dismiss Charges		###Double Jeopardy - Prior Finding of Not Guilty, Lesser Crime or Sentence for Same Crime
	1. The Charge is Not a Crime		###Change in the Law
	2. Double Jeopardy - Prior Finding of Not Guilty, Lesser Crime or Sentence for Same Crime		###Same Charges Listed as Two or More Crimes
	3. Change in the Law		###Conduct Alleged is Protected by Other Laws
	4. Same Charges Listed as Two or More Crimes		###Lack of Jurisdiction
	5. Conduct Alleged is Protected by Other Laws		#Motion to Continue Trial
	6. Lack of Jurisdiction		##Lack of Timely or Meaningful Access to Client
	V. Motion to Continue Trial		##Lack of Timely Review of Evidence
	A. Lack of Timely or Meaningful Access to Client		##Inability to Prepare a Defense
	B. Lack of Timely Review of Evidence		###Evidence to Review
	C. Inability to Prepare a Defense		###Investigation to Conduct
	1. Evidence to Review		###Evidence to Present to the Court
	2. Investigation to Conduct		##Client is Incompetent to Proceed
	3. Evidence to Present to the Court		###Cannot rationally understand the proceedings
	D. Client is Incompetent to Proceed		###Cannot aid and assist the lawyer
	1. Cannot rationally understand the proceedings		#Motions to Exclude Unreliable Evidence
	2. Cannot aid and assist the lawyer		##Involuntary Confessions or Witness Statement: Threats, Promises or Coercion
	~~VI.~~ Motions to Exclude Unreliable Evidence		###Physical
	A. Involuntary Confessions or Witness Statement: Threats, Promises or Coercion		###Psychological
	1. Physical		###Conditions of Confinement & Denial of Rights to Counsel
	2. Psychological		###Threats or Harm to Family
	3. Conditions of Confinement & Denial of Rights to Counsel		##Unreliable Identifications
	4. Threats or Harm to Family		###Suggestive Identification Procedures
	B. Unreliable Identifications		###Lack of Opportunity to Observe
	1. Suggestive Identification Procedures		###Cross-racial Identifications
	2. Lack of Opportunity to Observe		##Unreliable Scientific Opinion
	3. Cross-racial Identifications		###Untested procedures
	C. Unreliable Scientific Opinion		###Non-standard Procedures
	1. Untested procedures		###History of Error
	2. Non-standard Procedures		###Conclusions not Supported by the Test Results
	3. History of Error		##Biased Witnesses
	4. Conclusions not Supported by the Test Results		###Jail Informants
	D. Biased Witnesses		###Accomplices
	1. Jail Informants		#Application to Produce Evidence at Trial
	2. Accomplices		##Hearsay Evidence & the Right to Cross-examination
	~~VII.~~ Application to Produce Evidence at Trial		##Application to Compel Attendance of Witnesses & Records
	A. Hearsay Evidence & the Right to Cross-examination		#Application to Consider Lesser Charges
	B. Application to Compel Attendance of Witnesses & Records		#Application to Consider New Evidence After Verdict or Sentence
	~~VIII.~~ Application to Consider Lesser Charges
	~~IX.~~ Application to Consider New Evidence After Verdict or Sentence

Ibjadmin at 12:51, 31 May 2010

2010-05-31T12:51:37Z

← Older revision		Revision as of 14:51, 31 May 2010
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	MOTIONS IN A CRIMINAL CASE		MOTIONS IN A CRIMINAL CASE

	I. Motions for Access to Client		#Motions for Access to Client
	A. Application for Client Interview		##Application for Client Interview
	1. Private Interview - Regular visiting schedule		###Private Interview - Regular visiting schedule
	2. Unshackled Interview		###Unshackled Interview
	3. Client Inspection of Documents		###Client Inspection of Documents
	4. Expert Examination of Client		###Expert Examination of Client
	B. Conditions of Confinement		##Conditions of Confinement
	1. Appropriate Medical Care		###Appropriate Medical Care
	a. Medical Examination		####Medical Examination
	b. Medical Treatment		####Medical Treatment
	c. Diet & Exercise		c. Diet & Exercise
	2. Family Visits		2. Family Visits

Ibjadmin: 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 �'

2010-05-31T12:51:00Z

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 �'

New page

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
3. Client Inspection of Documents
4. Expert Examination of Client
B. Conditions of Confinement
1. Appropriate Medical Care
a. Medical Examination
b. 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