Briefs and Motions - Index to Available Briefs and Motions

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Briefs and Motions

A Special Compilation of Notable Briefs and Motions

On Miscellaneous Criminal Law Topics

[Editor's Note: For a comprehensive listing of amicus curiae briefs filed in various cases, both criminal and non-criminal, in the Federal courts (including the Supreme Court, the various Courts of Appeal, and many District Courts), click here. A large percentage of the briefs contained on this site were filed by the Criminal Justice Legal Foundation.

Index

By Legal Issues Raised

Attorney/Client Conflicts of Interest: Does a defendant's inability to pay attorney feed create a conflict of interest that requires the Court to appoint replacement counsel to assure that defendant's rights will not be adversely affected?

Brady Rule Violations: Does the Government's failure to respond to specific defense requests for documents existing within a warehouse full of some 500,000 documents constitute a violation of the Brady rule and the principles of Kyle v. Whitley?

Brady Rule Violations: Were the defendants denied a fair trial when the Government failed to disclose material exculpatory evidence?

Capital Punishment: Does the execution of a prisoner who has spent 23 years on death row constitute a violation of the Eighth Amendment's prohibitions against cruel and unusual punishment?

Federal Anti-Bribery Statute: Should the the testimony of a cooperating witness have been suppressed because promises of leniency made to him, in exchange for his testimony, violated the anti-gratuity provisions of 18 USC § 201(c)? See also defense counsel's Memorandum of Law in Support of Motion to Suppress, Appellant's Brief, Appellant's Supplemental Brief and Appellant's Reply Brief. And see the NACDL's amicus brief on appeal to the Tenth Circuit.

Judicial Misconduct: Does a trial judge's repeated, hostile questioning of a defendant during trial create an atmosphere of bias and prejudice that denies the defendant his rights to a fair trial?

Newly Discovered Evidence: Does a petitioner have a right to an evidentiary hearing based on a claim of newly discovered evidence?

Perjured Testimony: Were the defendants denied their Fifth Amendment Due Process Rights when the Government knowingly introduced perjured testimony and withheld critical information from them?

Proffers: Are they worth the paper they are written on?

RICO - Definition of a Criminal Enterprise: Whether the Government's failure to prove all the elements of the "enterprise" it has charged requires dismissal of all the RICO charges?

Sentencing - Collateral Consequences: Did the district court err when it gave collateral estoppel effect for purposes of subsequent civil proceedings to findings of fact made during sentencing proceedings where the defendant was not given a full and fair opportunity to contest such findings?

Sentencing Departures: Does a ten-fold sentencing departure based on an uncharged crime violate a petitioner's rights to due process and trial by jury?

Sentencing Departures: Whether a defendant is entitled to a downward departure based on coercion, duress and undue psychological manipulation?

Sentencing Departures: Whether a defendant is entitled to a downward departure, under U.S.S.G. § 5K2.0, based on cooperation rendered to local law enforcement authorities and despite the Federal Government's failure to file a § 5K1 letter?

Supervised Release - Amendments of Conditions: Whether an amendment to the conditions of supervised release, made after the initial sentence was imposed, violates the provisions of Rule 43 of the Fed.R.Crim.P.?

Tax Evasion: Does an IRS tax assessment that is administratively final for the purposes of the agency's civil collection remedies constitute conclusive proof of the tax deficiency in a tax evasion prosecution?

Venue: Does a New Jersey district court have proper venue over a defendant in a case involving a violation of 18 U.S.C. § 924 when the weapon was possessed only in the State of Maryland?

By Type of Motion

Direct Appeal of Sentence pursuant to 18 U.S.C. § 3742 based on improper venue

Direct Appeal based on Judicial Misconduct and Denial of Effective Assistance of counsel

Direct Appeal of a tax evasion conviction pursuant to 28 U.S.C. § 7201

Motion to Correct Mistake in Judgment pursuant to Rule 36 of the Fed.R.Crim.P.

Motion to Alter or Amend Judgment Pursuant to Rule 59(e) of the Fed.R.Civ.P.

Motion to Suppress Testimony of Cooperating Wintnesses on the grounds that their testimony violated the Federal Anti-Bribery Statute. See also defense counsel's Memorandum of Law in Support of Motion to Suppress , Appellant's Brief, Appellant's Supplemental Brief and Appellant's Reply Brief. And see the NACDL's amicus brief on appeal to the Tenth Circuit.

Motion to Stay an Execution Based on 23 Year Delay

Petition for Rehearing en banc Based on Brady Rule Violations

Petition for a Rehearing after a denial of a downward departure based on assistance rendered to local law enforcement authorities

Petition for Writ of Habeas Corpus Based on Violations of the Eighth Amendment's prohibitions against cruel and unusual punishment

Section 2255 Motion for Correction or Modification of a Sentence and for a New Trial Based on Newly Discovered Evidence

Section 2255 Motion to vacate a conviction based on the Government's knowing use of perjured testimony and withholding of information from the defense in violation of the Brady rule

Sentencing Memorandum in Support of a Downward Departure based on Coercion, Duress and Psychological Manipulation

Trial Brief in Support of Motion to Dismiss Indictment based on the Failure of the Government to prove the existence of the "enterprise" it charged

By Case Name

Ceja v. Stewart, 134 F.3d 1368 (9th Cir. 1998)
Testa v. U.S., 971 F.Supp. 833 (S.D.N.Y. 1997)
U.S. v. Barron (Lynwood), Docket No. 96-185-004 (W.D.Pa. 1996)
U.S. v. Crea, 986 F.Supp. 826 (E.D.N.Y. 1997)
U.S. v. Jackson, 986 F.Supp. 829 (S.D.N.Y. 1997)
U.S. v. Kaye, Docket No. 94-1381 (2nd Cir. 1998)
U.S. v. Kikumura, 978 F.Supp. 563 (D.N.J. 1997)
U.S. v. Messina, 131 F.3d 36 (2nd Cir. 1997)
U.S. v. Mmahat, 106 F.3d 89 (5th Cir. 1997)
U.S. v. Palma-Ruedas, 121 F.3d 841 (3rd Cir. 1997)
U.S. v. Pielago, 135 F.3d 703 (11th Cir. 1998)
U.S. S.E.C. v. Monarch Funding Corp., 983 F.Supp. 442 (S.D.N.Y. 1997)
U.S. v. Silkman, 156 F.3d 833 (8th Cir. 1998)
U.S. v. Singleton, 144 F.3d 1343 (10th Cir. 1998)

By Attorney Name

Antkowiak, Bruce A. - Greenburg, PA
Becraft, Jr., Lowell H. - Huntsville, AL
Fahringer, Herald Price - New York, NY
Garber, Glenn A. - New York, NY
Hinde, Georgia J. - New York, NY
Kehoe, Thomas A. - Harahan, LA
Legal Aid Society, The - New York, NY
Levitt, Richard Ware - New York, NY
McDonald, John P. - Somerville, NJ
Mueller, Norman R. - Denver, CO
Patten, Michael W. - Phoenix, AZ
Sturim, Allan - Kew Gardens, NY
Victor, Paul A. - New York, NY
Wachtel, James V. - Wichita, KS
Waxman, Benjamin S. - Miami, FL

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