MOTIONS and HEARINGS DEFENSE INVESTIGATORS TRAINING ACADEMY II Case Development and Procedures Regina A. Laughney Law Offices of the Los Angeles County Public Defender August 25, 2016

OUR GOALS What are “motions” and “hearings?” Why do lawyers / courts utilize them? When do lawyers / courts utilize them? What are common examples? How might an investigator become involved? – What does the investigator need to know?

WHAT IS A MOTION? A written application to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary … A written application for an order addressed to the court or to a judge … by any party to a suit or proceeding, or by any one interested therein. Caveat re “written.”

WHAT IS A HEARING? Arguments of counsel for the parties upon the pleadings and proofs; corresponding to the trial of an action at law. … In criminal law (,) the examination of a prisoner charged with a crime or misdemeanor, and of the witnesses for the accused.

Required by statute or the court. Necessary to protect or preserve the record. Somebody needs to be educated. – Court – Opposing Counsel – Client

Strategic considerations. - The Court. - The opponent(s). - Interested individuals or groups.

Ex ParteIn Camera

Pretrial. On the eve of trial. Mid-trial. Post-trial.

PRETRIAL MOTIONS and HEARINGS Bail Issues Discovery – Access to Evidence, Crime Scenes Media Motions Appointment of Experts – Evidence Code §§ 730 and 952 – Penal Code §987.9 Preliminary Hearing Penal Code §995

EVE OF TRIAL MOTIONS and HEARINGS Jury Composition – Change of Venue – Change of District – Expansion of Venire – Preclude Judicial Rehabilitation of Jurors Motions in Limine Delay Disclosure of Defense Discovery Conduct of Witnesses and Audience Members

MID-TRIAL MOTIONS and HEARINGS Motion to Federalize Objections – “Mantra Motion” Motion Defendant be Free of Restraints in Presence of Jurors Motion Court Direct Survivors Refrain from Emotional Outbursts in Presence of Jurors – Emotion Cannot Overcome Reason

POST-TRIAL MOTIONS and HEARINGS Motion for a New Trial Motion for Modification of Death Verdict – Penal Code §190.4 Motion re Juror Misconduct – Code of Civil Procedure §206 – Penal Code §95.2

Serve necessary parties. Interview witnesses. Examine crime scene(s) or evidence. Observe the proceedings from audience perspective. Corral witnesses in court.

What is the stated purpose of motion or hearing? What is the REAL purpose of motion or hearing (if different than above)? Communication between investigator and attorney is key.