Memorandum in Opposition to Proceeding Without a Competency Hearing

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This memo, filed by youth defenders from the Hamilton County, Ohio public defender office, demands evidentiary competence hearings based on state statutory grounds and constitutional doctrines of fundamental fairness, effective assistance of counsel, and separation of powers. Notably, this memo cites Standard 3.2 of the National Youth Defense System Standards on independence to highlight an…

Motion to Reduce Level of Detention

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Sample Motion to Adopt Reasonable Child Standard

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Response to People’s Motion to Exclude Evidence (Illinois)

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Alternate Public Defender Brief in Support of Petition for Writ of Mandate (California)

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Writ of Habeas Corpus (New York)

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Writ of Habeas Corpus (Louisiana)

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Application for Extraordinary Relief Under the Court’s King’s Bench Jurisdiction

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Emergency Motion for Pre-Adjudication Release Due to Public Health and Safety Threat Posed by COVID-19 Pandemic (North Carolina)

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COVID-19 Defendant’s Motion for Judicial Release (Ohio)

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First Amended Complaint for Damages and Demand for Jury Trial (California)

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A Right to Liberty: Resources for Challenging the Detention of Children

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The use of cash bail in the criminal legal system—as one option of conditional release—was established for the sole purpose of ensuring the accused’s presence in court. However, when the bail amount is set at a figure higher than the amount reasonably calculated to fulfill this purpose, it is deemed excessive under the Eighth Amendment.…

Motion for Child to Appear Free from Degrading and Unlawful Restraints (Florida)

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COVID-19 Template Motion to Dismiss

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Petition for Writ of Mandate (California)

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Plaintiffs’ Motion for Preliminary Injunction Regarding Use of Force and Memorandum in Support (Ohio)

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Motion to Maintain the Decreased Population of Incarcerated Youth in Los Angeles County (California)

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Brief of Office of the Public Defender and ACLU of New Jersey In the Matter of the Request to Modify Prison Sentences, Expedite Parole Hearings, and Identify Vulnerable Prisoners

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Motion to Dismiss for the Chicago Police Department’s Intentional Failure to Preserve Evidence (Illinois)

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Memorandum of Law in Support of Defendant’s Motion to Dismiss (Illinois)

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Motion to Terminate Probation and Close and Seal Case (Maryland)

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Sample Motion Opposing Trial by Videoconferencing Technology

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Motion to Vacate, Set Aside, or Amend Final Judgment, Pursuant to CR 60.02, CR 60.03, and/or the Eighth and Fourteenth Amendments to the United States Constitution (Kentucky)

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Motion for Release from Detention Due to COVID-19 Pandemic (Alabama)

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Motion for Release from Commitment to the Department of Youth Services Due to COVID-19 Pandemic, Etc. (Alabama)

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