Excerpts From A Motion Opposing the State’s Amending the Charges

Also includes some authority for: Prosecutorial Vindictiveness, Prejudice to defendant, Prejudice based on Constitutional Rights. NOTE: If you need the full version of this motion, please contact me directly, I need to redact it b...

Defense Proposed Order To Admit Immigration Status Under ER 413 – New Rule

Persuasive Motion Exclude Firearm Evidence

Consent Must Be Voluntary by Michael Vander Giessen

Franks Motion Invalid SW

Franks Motion SW Lacks PC

MOTION TO ADMIT IMMIGRATION STATUS UNDER NEW RULE ER 413 – Dec. 2022

Sheri M. Oertel’s Winning ER 413 Motion under the new rule. This is Sheri M. Oertel’s (SMO) successful motion used in private practice. The court ruled that the immigration status of the complaining witness and his mis...

Search While on Community Custody for PCS_Blake (7.2021)

This brief argues State v. Blake renders a search unlawful because the search occurred while on community custody for possession of a controlled substance. Thanks to Eric Trujillo.

Confidential Informant Did Not Have Basis of Knowledge Necessary Under Agular-Spinelli

Crossing Line Dividing Lanes of Traffic Going in Same Direction Is Not Infraction