Resources

Discovery

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

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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.

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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.

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Motion for CPS Records (2016)

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Motion to Compel Jail Phone Dump

This motion asks the court to order the prosecutor to identify jail calls they will use at trial (when they dump a large volume of calls on defense counsel). Thanks to Shoshana Page.

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Order -Denying State Motion to Compel Redactions to PRA records

Defense sought records from the prosecutor pursuant to the PRA. The prosecutor argued that CrR 4.7(h)(3) applied and the material should only be provided after redactions. Trial court denied the state’s motion. Thanks to Van...

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Defense Response-State Motion Redact Records Provided by PRA

Prosecutors argued that records provided to the defense pursuant to the PRA should be redacted consistent with the requirements of CrR 4.7h3. Trial court denied – see related order of court also in WDA brief bank. Thanks to ...

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Mtn to Prohibit Plea Bargaining Conditioned on No Interviews(9.2014)

This brief argues the court should prohibit the prosecutor from conditioning a plea bargain on no witness interviews. The defense duty to investigate and advise the client trumps the prosecutors stated goal of saving resources. Th...

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Mtn to Dismiss- Plea offer contingent on no witness interview (6.2015)

This brief argues the court should dismiss for governmental misconduct due to coercive plea tactics/no witness interview or early plea offer revoked. Thanks to Nathan Poston.

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Mtn to Depose Witness and Re-interview Witness (2009)

Motion to Depose in a child sex case where the complaining child witness was previously interviewed by prior attorney, and to depose child’s foster parent/aunt.

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