Motions and Briefs
This sample motion contains a request for specific discovery, motion to preserve evidence and motion to produce for an in camera inspection by the court is another approach.
June 12, 2012 State’s Motion requesting information regarding State Crime Lab certification exams. No file stamped version is available.
Hearing regarding SCL analyst certification results has been continued to June 26, 2012 at 2 pm.
Judge Gary M. Gavenus’s July 13, 2012 order requiring the State Crime Laboratory furnish to each District Attorney in the State the first and second letter containing the actual certification exam results and designated areas requiring further study.
July 17, 2012 memo to defense attorneys regarding Judge Gavenus’s order.
August 2, 2012 letter notifying defense attorneys who represented clients in approximately 80 resolved cases involving an analyst who was unsuccessful on his or her certifying exam. The letter specifies how information on analyst certification exam results will be provided based on Judge Gavenus’s order.
A draft 702 motion to exclude expert testimony from an arresting officer identifying a substance as marijuana.
A draft motion to suppress evidence collected after a stop made based on the sight/smell of what the officer believes to be marijuana. Please note the motion does not contain an accompanying affidavit as required by law.
MAR in Michael Peterson case based on newly discovered evidence regarding Duane Deaver and the SBI Order – Judge Orlando Hudson’s May 9, 2012 order granting the motion for appropriate relief, vacating the conviction and granting a new trial. A copy of the written exhibits from Dec. 2011 hearing, including an index of exhibits can be …
Motion for Relief from Judgment The basis of this Rule 60(b) motion drafted by Diane Savage is misconduct by the SBI Lab. AG’s Response to Petitioner’s Rule 60(b)Motion for Relief Reply to Respondent’s Memorandum Opposing Motion for Relief
Suit against five former agents with the State Bureau of Investigation, filed on June 28, 2011
Sample petition for writ of certiorari regarding fingerprint evidence
Sample discovery motion drafted by Elizabeth Hambourger. Please contact Sarah Rackley Olson for copies of the exhibits included in this motion.
Federal court order granting relief in the George Goode case. The Court found that “the State, through Agent Deaver, presented misleading evidence about the testing done on petitioner’s boots being conclusive for the presence of blood.” See p. 25-26.