Death Penalty Motions Manual

These are Word 2003 Documents:

Discovery | Motions to Suppress | Funding the Defense | Motions to Dismiss |

General Trial Procedures | Jury Selection | Motions in Limine & Trial Memoranda for First Phase |

Mitigation Phase & Motions in Limine for Second Phase | Jury Instructions | Mental Retardation

Discovery

• Defendant’s Request For Notice Of State’s Evidence Pursuant To Ohio R. Crim. P. 12(D)(2) Statements

• Defendant’s Demand For Discovery

• Defendant’s Demand For Discovery Regarding DNA

• Defendant’s Motion For Bill Of Particulars

• Defendant’s Motion For Disclosure of Exculpatory and Impeachment Evidence

• Defendant’s Motion For Pre-Trial Disclosure Of Ohio R. Crim. P. 16(B)(1)(g) Statements

• Defendant’s Motion For Disclosure Of Rebuttal Witnesses

• Defendant’s Motion For Disclosure Of The Juvenile Records Of Plaintiff’s Witnesses

• Defendant’s Motion To Compel Disclosure Of Aggravating Factors And Information Relating To Mitigating Factors

• Defendant’s Motion To Compel Law Enforcement Officials To Turn Over And Advise The Prosecuting Attorney Of All Information Acquired During The Course Of Investigation

• Defendant’s Motion For An Order Directing That A Complete Copy Of The Prosecutor’s File Be Made And Turned Over To The Court For Review And To Be Sealed For Appellate Review, If Necessary

• Defendant’s Motion To Properly Preserve And Catalog All Physical Evidence

• Defendant’s Motion To Make The State’s Physical Evidence Available To Defendant For Inspection And Scientific Testing By Defendant’s Experts

• Defendant’s Motion To Transcribe The Grand Jury Proceedings Prior To Trial

• Defendant’s Motion For A Pre-Trial Copy Of The Transcript Of The Grand Jury Proceedings

• Defendant’s Motion To Disclose Names Of Grand Jury Witnesses

• Defendant’s Motion to Compel the State to Produce a Meaningful Bill of Particulars

• Defendant’s Motion to Compel the State to Produce a List of All Witnesses the Prosecution Intends to Call at Trial

Motions to Suppress

This Death Penalty Motions Manual does not attempt to cover all of the types of suppression motions commonly applicable to any criminal case; rather, examples are included for your convenience. These bare-bones templates need your case facts added along with citations to any additional authority germane your facts.

For capital cases, OPD suggests that you “capitalize” your standard suppression motions by adding the boilerplate paragraph that appears at the end of the sample suppression motions included in this Manual.

• Defendant’s Motion To Suppress Statements Obtained In Violation Of Defendant’s Constitutional Rights

• Defendant’s Motion To Suppress The Fruits Of His Unconstitutional Detention and Arrest

• Defendant’s Motion to Suppress the Fruits of the Warrantless Search of His Residence  

Funding the Defense

• Defendant’s Motion For Relief From Payment Of Fees Related To The Issuance Of Defense Subpoenas

• Defendant’s Motion to be Heard Ex Parte on the Issue of Appropriating Funds for Consulting Defense Experts

• Defendant’s Motion for Appropriation of Funds for a Consulting Defense Psychologist

• Defendant’s Motion for Appropriation of Funds for a Defense Investigator

• Defendant’s Motion for Appropriation of Funds for a Defense Mitigation Expert

• Defendant’s Motion for Appropriation of Funds for a Consulting Defense Expert

Motions to Dismiss

• Defendant’s Motion To Dismiss Death Penalty Specifications Due To Constitutional And International Law Violations

• Defendant’s Motion To Exclude The Death Penalty Due To Defendant’s Serious Mental Illness

General Trial Procedures

• Defendant’s Motion To Extend Time For Filing Pre-Trial Motions

• Defendant’s Motion For Closure Of Pre-Trial Hearings

• Defendant’s Motion For All Motions To Be Heard On The Record

• Defendant's Motion Requesting Rulings On All Motions No Later Than The Commencement of Voir Dire

• Defendant’s Motion For A Stenographic Record Of All Court Proceedings In This Case

• Defendant’s Motion To Record All Side Bar Proceedings

• Defendant’s Motion For Daily Transcripts

• Defendant’s Motion To Restrain Certain Parties From Discussing The Case With Accused

• Defendant’s Motion To Permit Accused To Appear In Civilian Clothing And Without Restraints At All Proceedings

• Defendant's Motion for a Change of Venue

• Defendant’s Motion For Relief From Prejudicial Joinder

• Defendant’s Motion To Have Reasons For Defense Objections And Reasons For Overruling Defense Objections Placed On The Record

• Defendant’s Motion To Prohibit Any References To The First Phase Of These Proceedings As The “Guilt Phase”

• Defendant’s Motion For A Courtroom Decorum Order

• Defendant’s Motion For A Jury View

• Defendant’s Motion For Appointment Of A Special Process Server

• Defendant’s Motion Regarding A Limited Waiver Of His Right To A Jury Trial With Respect To The “Sexual Motivation” Specification NOTE: MODIFY FOR A “CRIMINAL GANG” SPECIFICATION

Jury Selection

• Defendant’s Motion To Compel Disclosure Of Plaintiff’s Jury Selection Data

Motions in Limine & Trial Memoranda for First Phase

• Defendant’s Motion in Limine Regarding Ohio R. Evid. 803(8): Limited Admissibility Of Law Enforcement Records

• Defendant’s Motion In Limine Regarding Ohio R. Evid. 803(18): Using Learned Treatises For Impeachment

• Defendant's Motion In Limine Regarding The Inadmissibility Of Evidence From Unavailable State Witnesses

• Defendant's Trial Memorandum Regarding The Inadmissibility of Purported "Prior Consistent Statements" Under Rule 801(D)(1)(b)

Mitigation Phase & Motions in Limine for Second Phase

• Defendant’s Motion To Allow The Defense To Argue Last At The Mitigation Phase

• Defendant’s Motion To Avoid Coercive Practices During Mitigation Phase Deliberations

Jury Instructions

• Defendant’s Motion For Written Jury Instructions And An Opportunity To Review Them Before The Jury Is Instructed

Defendant’s Requested Preliminary Jury Instructions

• Defendant's Requested Jury Instructions: Culpability Phase

• Defendant’s Authority For Requested Jury Instructions: Culpability Phase

• Defendant’s Requested Preliminary And Final Mitigation Phase Jury Instructions

Defendant’s Authority For Defendant’s Requested Jury Instructions:  Mitigation Phase

Defendant’s Motion To Instruct the Jurors That They May Consider Residual Doubt As A Mitigating Factor

Defendant’s Motion To Recognize Mercy as a Mitigating Factor

Defendant’s Motion To Instruct The Jury On The Specific Mitigating Factors Raised By Defense

Defendant’s Motion To Prohibit The Prosecutor From Arguing And The Court From Giving Instructions Regarding Statutory Mitigating Factors Not Raised By The Defense

Defendant’s Motion For Instruction That The Defendant Bears No Burden Of Proof At The Mitigation Phase

Mental Retardation

• Defendant’s Motion For A Jury Determination On The Issue Of Mental Retardation

• Defendant’s Motion to Reject the Ohio Supreme Court’s Above-Seventy I.Q. Presumption in the Retardation Adjudication

• Defendant’s Motion for Appropriation of Funds for a Consulting Defense Mental Retardation Expert

• Defendant’s Motion In Limine To Prohibit Reference To The Facts Of The Underlying Crime During The Pre-Trial Mental Retardation Proceedings