4/12/2024 0 Comments Motion to dismiss form coloradoThese motions are out of the ordinary, except in cases given more than passing attention by the news media. In deciding such motions, courts have in mind the defendant’s constitutional right to an effective attorney. A defendant’s request that the court allow a new attorney to take over the case, or, in cases in which the defendant is indigent, appoint a different attorney to take over the case.Pretrial motions “in limine” to obtain rulings on evidence before it is presented during the trial (for example, a request by the State to bar the defense from referring to certain conduct of a victim under the “Rape Shield” law, or a request of the State or the defense to permit the use of evidence of “other acts” – other wrongdoing by a person that might demonstrate a motive or knowledge that is at issue in the trial).Motions to suppress evidence, by which the defense seeks to exclude from evidence items or information that might have been obtained from the defendant in violation of constitutional or statutory rights (for example, a motion to suppress evidence seized without a warrant or a confession obtained in violation of Miranda).Discovery motions, by which the defense seeks to obtain information that cannot be obtained without a court order (such as psychiatric, school, or juvenile records) or information the State might decline to provide (for example, the defense might seek to subject the State’s evidence to scientific tests that the State believes would damage the evidence).Sometimes motions can be decided without hearing from the lawyers or witnesses in court sometimes a lengthy evidentiary hearing will be needed. Sometimes they ask the judge to make a legal decision based on undisputed facts sometimes the legal implications are clear, but the facts are disputed and the judge will need to decide the facts. Motions are usually, but not always, filed in writing. Asking the judge to act is the essence of a motion. Judges usually do not act in a case unless someone asks. The Filing of Motions in Colorado – Typical Colorado Pre-Trial Motions
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