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
- Motion for Discovery of Laboratory/Scientific Evidence - Sample discovery motion regarding DNA evidence.
- Motion for Discovery of Laboratory/Scientific Evidence - Sample discovery motion regarding drug chemistry or toxicology evidence.
- Motion for Drug Dog Discovery - Sample discovery motion for detection dog records.
- Motion for Discovery of Laboratory/Scientific Evidence - Sample discovery motion from murder, AWDWIKISI, and arson case.
- Order for Cell Phone Records - Sample order for cell phone records pursuant to a discovery motion.
- Motion for Discovery Regarding the State Bureau of Investigation - Sample discovery motion from Feb. 2011 requesting expanded discovery in light of revelations of the SBI's practice of misstating test results and withholding exculpatory evidence.
- Motion to Compel Certification that all Discovery has been Provided - Sample motion by Buddy Connor
- Order of Law Enforcement Certification - Sample Order drafted by Buddy Connor requiring law enforcement officers to turn over all notes, evidence, and materials related to the investigation of the case to the prosecution and certify that all such materials have been turned over.
- Order for Disclosure of SBI and NC Highway Patrol Testing Data - Sample Order drafted by Buddy Connor
- Second Motion for Disclosure of SBI Testing Procedures and Data - Sample motion provided by Buddy Connor requesting SBI testing procedures and underlying data that have not been turned over despite a previous court order.
- Order Requiring Laboratories to Produce Records to Defendant - 2008 order granting the defendant requested discovery regarding SBI data and testing procedures.
- Defendant's Motion to Compel Discovery - Motion to produce records related to firearms examinations, videotape evidence, latent or trace evidence, and DNA analysis.
- Third Motion for Production of Discovery Regarding DNA and Forensic Evidence and Motion to Prevent Consumptive DNA Testing
Motions and Orders to Suppress or Exclude Evidence
- Order Excluding Paul Glover's Testimony - this order was granted in attorney James Davis's case in 2013 under the new Rule of Evidence 702.
- Motion to Exclude Testimony Regarding Field Sobriety Tests - motion to exclude expert testimony based on failure to satisfy requirements of the new Rule 702 of the North Carolina Rules of Evidence.
- Motion to Prohibit State's Expert from Rendering Opinion on Gun Shot Residue Testing - motion filed by David Botchin and Mark Rabil.
- Motion to Exclude Firearm Identification Testimony of Agents Tanner and Ware - Trial court denied the motion, but initially prohibited the State from offering testimony "that the bullets in question were fired from the same weapon" because of potential for misleading the jury. However, the testimony was allowed after the trial court found the defense opened the door to the testimony during opening statements.
- Motion to Suppress DNA Evidence - Motion to exclude the SBI's analysis of DNA evidence where analysis entirely consumed the sample and was performed in violation of a court order. Drafted by Lisa Dubs and Mark Rabil.
- Orders - Orders from the case above, including Order to Preserve Evidence and Notes, order to not test evidence without written consent of the state and the defense or upon a court order, order excluding evidence of SBI testing, and dismissal of charges.
- Motion to Exclude Firearm Identification Testimony, Memorandum of Law, State's Brief in Response to Defendant's Motion, and Order - 2011 motion in limine by Richard Ramsey. Example of how to use the National Academy of Sciences report and other professional standards in a motion to exclude or suppress forensic evidence. Transcript of motion's hearing available upon request.
Motion for Appointment of Expert
- Ex Parte Motion and Order for Appointment of Expert (Arson)
- Ex Parte Motion and Order for Appointment of Expert (Forensic Neuropsychologist)
- Ex Parte Motion and Order for Appointment of Private Investigator
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 Relief from Judgment The basis of this Rule 60(b) motion drafted by Diane Savage is misconduct by the SBI Lab.
- AG's Response to Petitioner's Rule 60(b)Motion for Relief
- Reply to Respondent's Memorandum Opposing Motion for Relief
- Motion for Appropriate Relief - MAR in Michael Peterson case based on newly discovered evidence regarding Duane Deaver and the SBI