Motions
A motion alleging a speedy trial violation.
What is a Serna motion?
A motion to obtain protected police officer personnel records.
What is a Pitchess motion?
Defense asks Court to accept a plea despite defendant’s claim of innocence.
What is an Alford Plea?
G.B.I.
What is the acronym for Great Bodily Injury?
1538.5
What is the code section for a motion to suppress evidence?
A motion by a defendant who wants to “fire” his court appointed attorney.
What is a Marsden motion?
A Common term for exculpatory evidence that must be disclosed by the prosecution.
What is Brady evidence?
A waiver by a defendant of right to be sentenced by the same judge who took the plea.
What is an Arbuckle waiver?
C.D.C.R.
What is acronym for the California Department of Corrections and Rehabilitation?
17(b)
What is the code section for a motion to reduce a “wobbler” to a misdemeanor?
A motion by a defendant who wants to represent himself or herself.
What is a Faretta motion?
The opinion interpreting the Sixth Amendment’s Confrontation Clause to require confrontation, notwithstanding a state’s hearsay rules to the contrary.
What is Crawford?
An agreement by the defendant that the court may impose a sentence in excess of the bargained-for term if they fail to appear for sentencing.
What is a Cruz waiver?
Slang for one year in the county jail
What is a “Bullet”?
654
What is the code section If an act is punishable in different ways by different provisions, this statute allows punishment by only one?
A motion alleging that an attorney is improperly exercising peremptory challenges against potential jurors on the basis of a protected classification.
What is a Batson/Wheeler/231.7 motion?
A California Supreme Court case limiting an expert’s ability to testify as to case specific statements made by other declarants.
What is the Sanchez case?
When a defendant enters a nolo plea to a lesser included charge to avoid conviction of the greater offense.
What is a West plea?
A charge that can be alleged as either a misdemeanor or a felony.
What is a Wobbler?
991
What is the code section for a motion made by a defendant in custody at arraignment who challenges whether there was probable cause to believe that a public offense has been committed.
A defense motion that the prosecution is or should be aware of more than one offense in which the same act or course of conduct plays a significant part, all such offenses should be prosecuted in a single proceeding.
What is a Kellett motion?
A defense motion to exclude incriminating statements of a codefendant from their joint trial.
What is Aranda or Aranda-Bruton?
When a defendant agrees to pay restitution on certain counts which may have been dismissed as part of the plea negotiations.
What is a Harvey waiver?
Refers loosely and interchangeably to conduct involving intimate partner abuse pursuant to Pen. Code §273.5 or 243(e).
What is DV or 273.5?
Eleven-0
These evidence code sections pertain to motions to introduce or preclude character evidence (Evid. Code §1101), evidence of prior domestic violence (§1108), and evidence of another sexual offense (§1109)?