Motion for Judgment of Acquittal Where Only Evidence Supporting Possession with Intent to Distribute is Amount of Methamphetamine Found
Draft motion arguing that finding many grams of methamphetamines does not necessarily support a conviction for possession with intent to distribute. Bottom of p. 1 through p. 3 explains that people addicted to methamphetamines use more frequently and in higher dosages than first-time users, using as much as one gram per day and rarely (but […]
Expert Reports on Low Rates of Sex Offense Recidivism and the Counterproductive Impact of Sex Offender Registration and Notification (SORN) Requirements on Public Safety, Deterrence, and Recidivism
The ACLU of Michigan included these reports as exhibits in its recent litigation attacking the constitutionality of Michigan’s Sex Offenders Registration Act (SORA). Does v. Whitmer (Does III), No. 22-cv-10209 (E.D. Mich.). The research cited in these reports — specifically on the low risk of recidivism among people convicted of sexual offenses and the counterproductive impact […]
Motion to Exclude Prior Convictions as Impermissibly Prejudicial
Details the dilemma that admitting a prior felony conviction results in: if the defendant testifies and his conviction is introduced, research shows there is a heightened risk that the jury will use the prior conviction to “draw an impermissible inference.” However, if the defendant chooses not to testify in order to prevent his conviction from […]
Motion to Exclude Gruesome and Inflammatory Photographs
“When jurors are presented with evidence that is particularly gruesome, they are likely to experience a visceral emotionally charged feeling that leads them to be inappropriately punitive.” Incorporates studies demonstrating that exposure to gruesome evidence decreases the brain’s capacity for logical reasoning.
Brief – Use of Term “Felon” and Introduction of Prior Convictions are Unfairly Prejudicial and should be Precluded
p. 8 – 12 outline existing research on how jurors respond to and use evidence of prior convictions. Incorporates research demonstrating that limiting instructions do not cure the prejudice, as jurors still use prior convictions as propensity evidence even when instructed not to.
Motion to Exclude Gruesome Photos and Photos of Victim While Alive
p. 7-12 collect lower court cases excluding gruesome photos due to likelihood they would inflame the jury.
