- Sample motion for reconsideration ocga how to#
- Sample motion for reconsideration ocga pdf#
- Sample motion for reconsideration ocga trial#
Motion to exclude all of the state's witnesses for failing to serve the defendant with a witness list. This motion and brief argues that the evidence presented at the preliminary hearing was insufficient to bind the defendant over on charges of first degree intentional homicide. Motion challenging the sufficiency of the preliminary hearing. The defendant claims self-defense and he sought to introduce evidence of the victim's penchant for violence. The defendant was charged with attempted first degree intentional homcide. Motion to admit evidence of victims other violent acts. The law is that if the court failed to give the warning and the defendant becomes the subject of immigrations proceedings the court is obligation to permit the defendant to withdraw his guilty plea. This is a motion and a brief asking the court to permit the defendant to withdraw his guilty pleas because the court did not warn the defendant of the immigration consequences of his guilty pleas as is required by Wisconsin law. Motion to withdraw guilty pleas where the court failed to give the defendant the statutory immigration warning. This is a motion to dismiss a criminal complaint for failing to allege sufficient facts to establish probable cause to believe the the defendant committed the offense alleged. Motion to dismiss the criminal complaint. This is a motion and brief seeking severance of defendants for the reason that the defendants intend to present antagonistic defenses. This brief opposes the reading of the transcripts at the second trial.
Sample motion for reconsideration ocga trial#
At the start of the new trial four key state witnesses were unavailable and so the state sought to read the transcript of their prior trial testimony under an exception to the hearsay rule. The convictions were reversed by the court of appeals and remanded for a new trial.
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The defendant was convicted of numerous felonies arising out of three shooting incidents. This brief argues that the defendant stands in the legal position of the minor child and, therefore, she was the victim of witness intimidation- not a party to the crime of witness intidimation.īrief opposing the use of prior testimony in a criminal trial. The boyfriend contacted the defendant from jail and persuaded her not to bring the child to court. The evidence was to the effect that the defendant's boyfriend was charged with sexually assaulting the defendant's minor daughter. The defendant was bound over for trial following a preliminary hearing. The defendant was charged with intimidation of a witness. Motion to dismiss information (evidence insufficient at preliminary hearing). The motion argues that due to the extensive publicity and the political nature of the case a fair jury cannot be seated in Milwaukee County. Gonzales is charged with felony murder arising out of the shooting death of a Miller Brewing Company executive. This is a motion and brief seeking a change of venue from Milwaukee County in the matter of State v. Motion for change of venue due to extensive pretrial publicity. Go directly to Federal Criminal Motions and Briefs
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If you are looking for an extensive library of criminal appeals briefs go to the Criminal Appeals Brief section.
Sample motion for reconsideration ocga pdf#
These sample criminal motions and briefs may be immediately downloaded in PDF format:įor a more complete motion and brief file library go the the Jensen Defense Wiki.
Sample motion for reconsideration ocga how to#
For a more detailed discussion of when and how to file motions in a criminal case see the article Criminal Motion Practice. Whenever there is the chance of going to jail or to prison it is best to seek representation from an experienced criminal defense lawyer. They are offered for your examination and use however, it is usually a bad idea to represent yourself in a criminal case. The following are sample criminal motions and accompanying briefs that have been used in actual criminal cases. Sample Motions and Briefs in Criminal Cases