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Brief and Motion Bank

Please be aware that the briefs and motions posted here may not represent the current state of the law applicable to a specific set of facts. While helpful as a starting point for research on a pending legal issue, briefs and motions posted here are statements of the law as perceived by particular trial or appellate counsel in the context of a particular case at some point in the past. They are not a substitute for thorough and independent research in the context of the facts of a pending case.

Additional motions may be found on the IDS Capital Trial Motions page and in the IDS Non-Capital Motions Bank.

Pre-Trial Motions and Orders

Motions for Discovery

Motions and Orders to Suppress or Exclude Evidence

Motion for Appointment of Expert

Other Motions and Orders

  • Sample Motion and Order to Preserve Evidence - 2015 motion that can used for preservation of evidence in cases involving forensic evidence.
  • Notice of Objection - Sample Notice of Objection pursuant to N.C.G.S. 90-95(g) and 90-95(g1) to introduction into evidence of chain of custody statement and lab reports without further authentication and testimony of the analyst.
  • Sample Motion and Order for Independent Testing - 2013 motion to be used for independent testing or re-testing of toxicology evidence.
  • Motion for Discovery - Sample motion by Buddy Connor for defense testing of evidence, as well as testing procedures, bench notes, and complete results of testing performed by the state.
  • Guide to Using the UIDDA - this guide to using the Uniform Interstate Depositions and Discovery Act explains how to use the UIDDA to subpoena out of state records where no registered NC agent exists. Where the party that maintains the record is a corporation with a registered NC agent, see the 2014 Formal Ethics Opinion about subpoenaing those records.
  • Order Allowing Testing and Inspection of Firearms Evidence and to Transport Evidence to Defense Expert - Order granted in 2009, filed under seal until case was resolved.
  • Dorman Order and Court of Appeals decision
    • Order of Dismissal with Prejudice - 2011 Superior Court order dismissing the charge of first degree murder with prejudice where forensic evidence was destroyed prior to the defense having the opportunity to examine it, despite defendant's filing of a motion to preserve evidence. The Court found that material and favorable evidence to the defendant was intentionally destroyed and that the defendant suffered irreparable prejudice as a result of the violation of his constitutional and statutory rights.
    • Court of Appeals decision - reverses the trial court's order granting the Defendant's Motion to Dismiss. Vacates trial court's order imposing discovery sanctions against the State.
  • Bean Motion, Lab Reports, and Transcript - three reports were written about the same SBI DNA testing in this case: the first report in 5/09 said defendant excluded as source of DNA; the second report in 6/09 changed the conclusion and said the results were “inconclusive” (the internal SBI lab “reviewer” made the analyst change the report); and the third report in 8/11 said defendant was excluded. For more information about this case, click here.

Post Conviction Motions, Orders and Briefs

  • Motion for Appropriate Relief - Supplement to MAR that addresses implications of testimony by disgraced former SBI Agent Duane Deaver.
  • Order of Recusal - Order recusing Judge Haigwood from hearing matters raised in the Defendant's MAR. The order includes the finding of fact that the Defendant raised a claim of prosecutorial misconduct related to forensic testing by the SBI and that the claim concerning undue prosecutorial influence over SBI agents where the Defendant asserts that Judge Haigwood could possibly be a witness places Judge Haigwood (a former elected District Attorney) in a position where his impartiality may reasonably be questioned.
  • Goode Order - 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.
  • Motion for Post-Conviction Discovery Regarding the State Bureau of Investigation - Sample discovery motion drafted by Elizabeth Hambourger. Please contact Sarah Rackley Olson for copies of the exhibits included in this motion.
  • Petition to N.C. Court of Appeals - Sample petition regarding fingerprint evidence
  • Greg Taylor lawsuit - Suit against five former agents with the State Bureau of Investigation, filed on June 28, 2011
  • Rule 60(b) Motion for Relief
  • Motion for Appropriate Relief - MAR in Michael Peterson case based on newly discovered evidence regarding Duane Deaver and the SBI
    • Exhibits from Dec. 2011 hearing, including an index of exhibits.
    • Order - Judge Orlando Hudson's May 9, 2012 order granting the motion for appropriate relief, vacating the conviction and granting a new trial.