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Lexis Nexis Klinkosum on Criminal Defense Motions
This comprehensive guide discusses criminal defense motions typically filed in North Carolina cases and provides forms and guides to file the proper motions.
Publisher:
North Carolina Advocates for Justice
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Product description
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Klinkosum on Criminal Defense Motions provides a practical, authoritative, and comprehensive overview of motions practice in North Carolina. It discusses the common types of motions typically filed by criminal defense attorneys, along with practical guides and forms to help attorneys determine which motions to file and what sources to consult in litigating a criminal case.
With this practical guide you can:
- Test the legal bases for the prosecution's case
- Limit the evidence that will be introduced by the state
- Limit the charges that the defendant may be tried upon
- Discover and expand the evidence the defendant can present at trial
- Strengthen the defendant's legal claims
- Provide a record for possible appellate review
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Table of contents
CONTENTS
Chapter 1. CRIMINAL COURTS MOTIONS PRACTICE IN NORTH CAROLINA
I. Introduction
II. Form and Filing
III. Motions to Continue
IV. Motions Practice in District Court
V. Evidentiary Hearings
VI. Sample Certificate of Service
VII. Sample Motions
Chapter 2. BAIL AND PRETRIAL RELEASE
I. Introduction
II. The Law
III. Modification of Pretrial Release
IV. Bond Modification (Reduction) Motions
V. Sample Forms and Motions
Chapter 3. MOTIONS TO DISMISS CRIMINAL PLEADINGS
I. Introduction
II. District Court Pleadings
III. Superior Court Pleadings
IV. Related Superior Court Filings
V. Content of a Proper Criminal Pleading
VI. Motions to Dismiss Criminal Pleadings
VII. Motions to Dismiss Indictments Directed at Grand Jury Proceedings
VIII. Sample Motions
Chapter 4. MOTIONS FOR DISCOVERY
I. Introduction
II. Goals of Discovery
III. Ethical Considerations
IV. Statutory Discovery
V. Constitutional Discovery
VI. Other Constitutional Discovery Rights
VII. Sample Motions
Chapter 5. PREVENTING AND LITIGATING THE ILLEGAL DESTRUCTION OF EVIDENCE
I. Introduction
II. The State’s Responsibility to Preserve Evidence
III. Successful Cases
IV. Common Elements of Winning Trombetta/Youngblood Claims
V. Motions to Preserve Evidence
VI. Sample Motions
Chapter 6. COMPETENCY TO STAND TRIAL
I. Introduction
II. Competency to Stand Trial vs. Insanity
III. Ethical Considerations
IV. Constitutional Considerations
V. The Standard for Determination of Incompetent to Proceed
VI. Incompetent to Proceed But Not Committable: The Statutory Black Hole
VII. Sample Motions
Chapter 7. MOTIONS TO OBTAIN EXPERT ASSISTANCE
I. Introduction
II. The Right to Expert Assistance
III. Motions for Expert Assistance
IV. Illustrative Cases
V. Interpreters
VI. Sample Motions
Chapter 8. MOTIONS TO SUPPRESS EVIDENCE
I. Introduction
II. The Exclusionary Rule
III. The Motion to Suppress
IV. Challenging Search Warrants and Illegal Searches and Seizures
V. Challenging Illegal Confessions
VI. Challenging Illegal Identification Procedures
VII. Sample Motions
Chapter 9. JOINDER AND SEVERANCE
I. Introduction
II. Joinder and Severance of Offenses
III. Joinder and Severance of Defendants
IV. Procedures for Motions for Joinder or Severance
Index
