Professional Documents
Culture Documents
guilt. (sworn motion to dismiss or a C4 motion) - C4 Motion A sworn MTD under Rule. 3.190(c)(4) factual matters alleged
in a MTD are admitted, unless specifically denied by the state in
the traverse, this is analogous to a summary judgment
motion in civil. It alleges that there are no material issues
of fact in dispute, and undisputed material facts either (1) do
NOT make out a prima facie case of the offense(s) charged,
or (2) make out a complete defense to the offense(s)
charged. If the motion is well-taken (i.e., there are no
disputed material facts), then there is no need for a jury (i.e.,
trier of fact) and the court can proceed to render judgment
as a matter of law. - If D files MTD under Rule 3.190(c)(4) [C4
motion] Prosecution has 2 Options: (1) TRAVERSE the motion
= issue a sworn pleading by the prosecutor which says there
are indeed disputed facts, (and attach a depo or something
that shows there is a dispute goes to issue of FACT or (2)
submit a memorandum on the law (a DEMURRER) arguing
that, although the facts are undisputed, they do not entitle
the defendant to judgment as a matter of law. There
can never be an evidentiary hearing on a sworn motion to
dismiss. Goes to the issue of LAW
- Motion for Continuance - postponement of a cause for a
period of time. Motion must include a certificate of counsel
declaring that the motion is made in good faith - Motion to
Suppress (MTS) Evidence Obtained During an Unlawful
Search - Burden of Proof (BOF) Warrant? IF YES
warrant = BOF is on D to show that the evidence is
INADMISSIBLE, IF NO warrant = BOF on gov - Burden of
Production - Before hearing evidence, the court will
determine if the motion is legally sufficient. If NOT legally
sufficient = denied. If the court hears the motion on its
merits D may present evidence supporting his position and
the state may offer rebuttal evidence (rule dictates this) MTS Confessions and Admissions Illegally Obtained
(motion or courts own initiative) must suppress any
confession or admission illegally obtained. Florida law, if
Ds family/friends got D an attny, and attny asks to see D but
refused, and D is unaware that attney is trying to help him,
any subsequent waiver of Miranda Rights is INVALID and
must be suppressed - Motion for Disqualification or
Substitution of Trial Judge - must be written and must:
(a) state the specific grounds for relief; (b) under oath; (c)
include certification of good faith; AND (d) served on the
judge and filed in court. Either Party May Move If (a)
judge is related to an attorney or interested person in the
case within the third degree of blood or marriage or (b)
movant claims that he has a reasonable fear that he will NOT
receive a fair trial because of the judges bias or prejudice,
must be specific facts - Change of Venue EITHER party
may file, and must state that venue change is needed b/c
movant cannot have a fair and impartial trial in the county in
which the case is pending. Reqt in writing and have
affidavits from the moving party and 2 additional people. Aff
must set forth facts that motion is based. Moving Attny
must certify motion is made in good faith. IF Granted
moved to a diff convenient county where a fair and impartial
trial can be held, with priority given to any county with
demographics closes resembling those of the original venue
county - Pretrial Notices - Notice of Alibi - on written
demand of the prosecutor, D planning to offer evidence of an
alibi must file and serve a written notice of an intent to claim
an alibi defense. The notice must: (1) filed no fewer than 10
days before trial, or such other time as the court may direct;
(2) state with specificity the place at which the defendant
claims to have been at the time of the alleged offense; and
(3) state the names and addresses of witnesses who will
establish the alibi, with as much detail as the D can provide Notice of Intent to Rely on Insanity Defense - notice
must be filed within 15 days of arraignment, if possible.
MUST include: statement of the nature of the insanity and
list of the names + addresses of witnesses. Judge May or
Judge Must if either party requests - appoint either 2 or
3 mental health professionals, to exam D. Experts may then
be called at trial by either party or by the court - Notice of
Battered-Spouse Syndrome for the Purpose of SelfDefense - no evidence to establish that defense may be
admitted unless advance written notice is given. MUST: be
given no later than 30 days before trial and must state
particulars showing the nature of the defense and the names
and addresses of the witnesses who will establish it
SPEEDY TRIAL 6th Amend and FL Const. Art 1 16
Procedure - D must be brought to trial: (a) misdemeanors
= 90 days of arrest, (b) 175 days, (c) Demand for Speedy =
60 days (must file pleading) Calendar Call - must be held
no more than 5 days from the filing of the demand, and to
set the case for trial, which must commence between 5 45 days - Failure of Holding Calendar Call - no effect on the
rights of speedy trial. D agrees that he will be ready for
trial in 5 days - Binding on both parties, and D may NOT
continue to take discovery and may NOT withdraw the
demand w/o leave of court Notice of Expiration must
be filed and cannot be filed too early = THEN hearing on the