This library of criminal motions and briefs is searchable.  The best way to find the motion or brief you are looking for is to use the search box directly above.

Motion to Dismiss on Double Jeopardy Grounds Following Defendant's Motion for a Mistrial.  This motion seeks to bar a retrial, and to dismiss the charges on double jeopardy grounds, where the defendant moved for, and received a mistrial, on the grounds that the State had deliberately concealed exculpatory evidence from the defense.

Motion to Withdraw Guilty Plea (immigration warning):  This motion seeks to withdraw a guilty plea for the reason that, at the plea hearing, the judge failed to give the defendant the mandatory immigration warning.

Motion to Withdraw Guilty Plea:  This is another version of a motion to withdraw a guilty plea based upon the immigration warning; however, this motion also includes an argument that defense counsel was ineffective for misadvising the defendant of the immigration consequences (see Padilla v. Kentucky)

Motion to Withdraw Guilty Plea:  In this motion to withdraw a guilty plea, the defendant claims that he received ineffective assistance of counsel in that his trial counsel failed to adequately investigate the cause of death (i.e. whether the Suboxone pill given to the victim could possibly have caused death, and whether giving this pill to the victim was criminally reckless behavior).

Sentencing Memorandum: This is an example of a sentencing memorandum which sets forth each of the proper sentencing considerations by the court; and the memorandum argues that the defendant ought to be placed on probation.

Memorandum in Support of Federal Habeas Corpus Petition.   The petitioner was convicted in state court of three counts of first degree intentional homicide.  He argues in federal court that the state courts violated his constitutional rights because his motion for a new trial was denied without conducting a hearing.