Motions and objections

Question 1

What is a Romero Motion?

Answer 1

Asks court to strike prior felony convictions for sentencing, considering the nature and remoteness of priors and the current offense.

Question 2

What is a Collins Motion?

Answer 2

Seeks to exclude prior convictions in Three Strikes cases, arguing their use would be cruel and unusual punishment given the current offense.

Question 3

What is a Beagle Motion?

Answer 3

Determines admissibility of prior convictions for impeachment, weighing probative value against prejudice based on factors like the nature of the prior and witness.

Question 4

What is a Castro Motion?

Answer 4

Challenges prior convictions used for impeachment, arguing they are too remote, dissimilar to the current charge, or unduly prejudicial.

Question 5

What is a Trombetta Motion?

Answer 5

Argues the prosecution failed to preserve potentially exculpatory evidence, focusing on whether it was materially exculpatory and if the defendant was prejudiced by its loss.

Question 6

What is a Sanchez Motion?

Answer 6

Challenges eyewitness identification due to suggestive procedures, examining factors like lineup composition, police instructions, and witness certainty.

Question 7

What is a Hicks Motion?

Answer 7

Seeks suppression of evidence found during an illegal search that occurred after a lawful detention, arguing the search exceeded the scope of the detention.

Question 8

What is a Faretta Motion?

Answer 8

Defendant requests to represent themselves, requiring the court to assess their competency, understanding of the charges, and ability to present a defense.

Question 9

What is a Marsden Motion?

Answer 9

Request for new attorney due to a breakdown in the attorney-client relationship, requiring the court to inquire into the reasons for dissatisfaction and potential prejudice.

Question 10

What is a Massiah Motion?

Answer 10

Excludes statements obtained after the right to counsel has attached, focusing on whether the defendant was deliberately elicited and if counsel was present or waived.

Question 11

What is an Edwards Motion?

Answer 11

Suppression of statements made after a defendant invokes their right to counsel, unless they initiated further communication with police.

Question 12

What is a Roberson Motion?

Answer 12

Suppression of statements obtained after a defendant requests an attorney, similar to Edwards but applies even before formal charges.

Question 13

What is a Montejo Motion?

Answer 13

Clarifies that a defendant can waive their right to counsel after invoking it, as long as the waiver is knowing, voluntary, and intelligent.

Question 14

What is a Miranda Motion?

Answer 14

Suppresses statements made during custodial interrogation without Miranda warnings, considering whether the suspect was in custody and subject to interrogation.

Question 15

What does a Miranda Motion encompass?

Answer 15

May encompass challenges to voluntariness of statements, even with warnings given, examining coercion, threats, promises, and the defendant’s mental state.

See also, Colorado v. Connelly (1986) 479 U.S. 157

Question 16

What is a Motion to Suppress Statements (Based on Due Process)?

Answer 16

Challenges to voluntariness due to coercion or mental state, requiring the court to assess the totality of circumstances surrounding the interrogation.

See, e.g., Brown v. Mississippi (1936) 297 U.S. 278

Question 17

What is a Brady Motion/Violation?

Answer 17

Alleges the prosecution failed to disclose exculpatory evidence, requiring the court to determine if the evidence was favorable, material, and suppressed.

Question 18

What does a Brady Motion include?

Answer 18

Can include arguments about the materiality of withheld evidence and the prosecutor’s duty to investigate and learn of exculpatory evidence possessed by others.

See also, Kyles v. Whitley (1995) 514 U.S. 419

Question 19

What is a Giglio Motion?

Answer 19

Requires disclosure of impeachment evidence that could affect a witness’s credibility, including promises of leniency or biases.

Question 20

What is a Franks Motion?

Answer 20

Challenges the truthfulness of statements in a search warrant affidavit, requiring a hearing if the defendant shows reckless disregard for the truth by the affiant.

Question 21

What is a Harvey-Madden Motion?

Answer 21

Challenges probable cause for a warrantless arrest, requiring the prosecution to show the arresting officer had probable cause based on information from a reliable source.

Question 22

What is a Kelly-Frye Motion?

Answer 22

Challenges the admissibility of novel scientific evidence in California, requiring general acceptance in the relevant scientific community.

Question 23

What is a Daubert Motion?

Answer 23

Federal standard for admissibility of scientific evidence, considering factors like testing, peer review, error rate, and general acceptance.

Question 24

What is an Aranda Motion?

Answer 24

Seeks separate trials for co-defendants when one defendant’s confession implicates the other, to avoid Confrontation Clause issues.

Question 25

What is a Bruton Motion?

Answer 25

Excludes a co-defendant’s confession that implicates the defendant, even with redactions, if it violates the defendant’s right to confrontation.

Question 26

What are Aranda/Bruton Motions often intertwined with?

Answer 26

Often intertwined with Confrontation Clause arguments and exceptions to hearsay rules, requiring careful consideration of the confession’s content and potential prejudice.

See also, Gray v. Maryland (1998) 523 U.S. 185

Question 27

What is a Crawford Motion?

Answer 27

Addresses the admissibility of testimonial hearsay statements, requiring the declarant to be unavailable and the defendant to have had a prior opportunity to cross-examine them.

Question 28

What are the ongoing implications of a Crawford Motion?

Answer 28

Has ongoing implications for lab reports, expert testimony, and the definition of ‘testimonial’ statements, with ongoing litigation regarding what constitutes a testimonial statement.

See also, Davis v. Washington (2006) 547 U.S. 813

Question 29

What is a Melendez-Diaz Motion?

Answer 29

Challenges the admissibility of forensic lab reports as testimonial evidence, requiring the analyst who conducted the testing to testify unless there was a prior opportunity for cross-examination.

Question 30

What is a Bullcoming Motion?

Answer 30

Requires testimony from the analyst who conducted forensic testing, even if another analyst is familiar with the procedures and results.

Question 31

What is a Hearsay Objection (Evidence Code § 1200)?

Answer 31

Excludes out-of-court statements offered for the truth of the matter asserted, with numerous exceptions that the court must analyze.

Question 32

What is a Relevance Objection (Evidence Code § 350)?

Answer 32

Excludes evidence that has no tendency to prove or disprove a disputed fact, requiring the proponent to show a logical connection to the case.

Question 33

What is a Prejudice Objection (Evidence Code § 352)?

Answer 33

Excludes evidence where its probative value is substantially outweighed by its prejudicial effect, misleading the jury, or wasting time.

Question 34

What is a Character Evidence Objection (Evidence Code § 1101)?

Answer 34

Generally excludes evidence of a person’s character to prove conduct on a specific occasion, with exceptions for impeachment, habit, or when character is an element of the crime.

Question 35

What is an Opinion Testimony Objection (Evidence Code § 800)?

Answer 35

Limits lay witnesses to testimony about facts, not opinions, unless the opinion is rationally based on their perception and helpful to understanding their testimony.

Question 36

What is a Speculation Objection?

Answer 36

Prevents witnesses from guessing or assuming facts not within their personal knowledge, requiring testimony to be based on observation or reasonable inferences.

Question 37

What is a Leading Question Objection (Evidence Code § 767)?

Answer 37

Prevents attorneys from suggesting answers to their own witnesses during direct examination, unless necessary to develop testimony or for hostile witnesses.

Question 38

What is a Lack of Foundation Objection?

Answer 38

Requires that evidence be properly authenticated or that a witness be shown to have personal knowledge before testifying about a matter.

Question 39

What is a Best Evidence Rule Objection (Evidence Code § 1500)?

Answer 39

Requires that the original document or a reliable duplicate be produced when the contents of a writing are at issue.

Question 40

What is an Authentication Objection?

Answer 40

Challenges whether a piece of evidence is what it is claimed to be, requiring testimony or other evidence to establish its genuineness.

Question 41

What is a Request for Jury Instruction (Penal Code § 1093)?

Answer 41

Asks the judge to instruct the jury on a specific point of law relevant to the case and supported by the evidence.

Question 42

What is a Request for Continuance (Penal Code § 1050)?

Answer 42

Asks the court to postpone a hearing or trial, requiring good cause such as witness unavailability or the need for more preparation time.

Question 43

What is a Request for Discovery (Penal Code § 1054 et seq.)?

Answer 43

Asks the prosecution to disclose evidence, including witness statements, police reports, and any exculpatory material.

Question 44

What is a Dolores G. Motion?

Answer 44

Challenges warrantless searches of a minor’s belongings at school, requiring reasonable suspicion that the student possesses contraband or evidence of a crime.

Question 45

What is a Troxel Motion?

Answer 45

Relates to third-party visitation rights of children, requiring a showing that visitation is in the best interests of the child and does not infringe on the parent’s fundamental rights.

Question 46

What is a Motion to Dismiss for Outrageous Government Conduct?

Answer 46

Though rare, this argues the government’s actions in the case were so egregious they warrant dismissal, requiring a showing of truly shocking and outrageous conduct that violates due process.

See, e.g., U.S. v. Russell (1973) 411 U.S. 423

Question 47

What is a Wheeler Motion?

Answer 47

Objects to discriminatory jury selection based on group bias, requiring a prima facie showing of systematic exclusion of a cognizable group.

Question 48

What is a Batson/Wheeler Motion?

Answer 48

Combines Wheeler with challenges based on other biases, such as gender, religion, or sexual orientation, requiring a similar showing of discriminatory intent.

Question 49

What is a Motion to Suppress Evidence (1538.5 Motion) (Penal Code § 1538.5)?

Answer 49

Seeks to exclude illegally obtained evidence, requiring the defendant to show a violation of their Fourth Amendment rights or other constitutional protections.

Question 50

What is a Motion to Dismiss (PC 995 Motion) (Penal Code § 995)?

Answer 50

Seeks dismissal of charges based on insufficient evidence at the preliminary hearing, requiring the court to assess whether there was probable cause to believe the defendant committed the offense.

Question 51

What is a Motion to Set Aside Indictment/Information (Penal Code § 997)?

Answer 51

Challenges the validity of the charging document due to defects or irregularities, requiring a showing of prejudice to the defendant.

Question 52

What is a Motion for a New Trial (Penal Code § 1181)?

Answer 52

Requests a new trial due to errors during the trial or newly discovered evidence, requiring a showing that the error or new evidence would likely change the outcome.