Prosecutor’s Brady Obligations

CPS-DSHS records requests PER AG

Motion for Sanctions and to Compel (2021)

Motion for sanctions for prosecutor who provided witness list with 223 witnesses most related to other case and refusing to narrow list. thanks to Shelley Ajax for sharing this brief.

Motion to Compel In-Person Interview or Deposition (3.2020)

This brief supports the defense motion to compel when the witness refuses to participate in an in-person defense interview, the witness is a critical witness and the only witness to the alleged crime. Thanks to Emily Gause.

Motion to Compel In Person Interview or Deposition (2009)

This brief supports the defense motion to compel in person interview or deposition when the witness lives out of state and the prosecutor refuses to pay for travel to permit a defense interview well in advance of trial.

Defense Objection to Protection Order for Child Forensic Interview Recording (3.2019)

This brief argues that RCW 26.44.186, which requires a court to issue a protection order governing the dissemination and use of audio and video recording of a "child forensic interview" is unconstitutionally vague, violates separa...

Order Denying Protection Order for Child Forensic Interview Recording FOF/COL (4.2019)

This sample court order denies the state's request for a protection order for the child forensic interview recording and the court enters findings of fact and conclusions of law holding RCW 26.44.186 is unconstitutional as it viol...

Declaration of Counsel in Support of Motion to Photograph Defendant (2016)

Motion to Photograph Defendant in Jail (2010)

Sample motion and order to allow defendant to be photographed in jail by defense attorney or investigator in presence of correction staff. Thanks to Edwin Aralica.

Motion to Preserve Evidence (2010)

This sample motion argues the court should order a repo company to preserve a vehicle for defense inspection. Thanks to Edwin Aralica.