APPENDIX B: MODEL MOTION TEMPLATE

COAST GUARD TRIAL JUDICIARY

____________ JUDICIAL CIRCUIT

SPECIAL/GENERAL COURT-MARTIAL

MOTION

Pursuant to RCMs 307(c)(4) and 907(b)(3)(B), the defense moves this Court to dismiss 

Specification 2 of Charge II and merge it with Specification 1 of Charge II, and to dismiss 

Charge III and its Specification. The defense does request an Article 39(a), UCMJ, session.

SUMMARY

Accused faces three specifications stemming from an alleged single uninterrupted altercation 

with the complaining victim. The Government unreasonably has charged assault with a loaded 

firearm (Ch II, Spec 1), simple assault (Ch II, Spec 2), and drunk and disorderly conduct (Ch 

III). First, for the alleged assaults, this constitutes an impermissible “blow by blow” charging 

scheme under Morris. Second, the underlying facts supporting the allegation of drunk and 

disorderly conduct overlap exactly with the facts supporting the alleged assaults, a practice 

specifically frowned upon in Doss. Finally, all the Quiroz factors point to an unreasonable 

multiplication, requiring relief in the form of dismissal and merger of specifications.

FACTS

1. [Procedural background of the case. Generally, one paragraph is sufficient.]

2. [Facts relevant for resolution of the motion. Several paragraphs may be used.]

BURDEN

3. The burden of proof and persuasion rests on the Defense for this motion. The standard as to 

any factual issue necessary to resolve this motion is to a preponderance of the evidence. RCM 

905(c)(1).

U N I T E D S T A T E S

 V.

NAME

DEFENSE/GOVT MOTION

FOR 

APPROPRIATE RELIEF
LAW

4. The concept of unreasonable multiplication of charges stems from “those features of military 

law that increase the potential for overreaching in the exercise of prosecutorial discretion.” 

United States v. Quiroz, 55 M.J. 334, 337 (CAAF 2001); see also RCM 307(c)(4), Discussion 

(“What is substantially one transaction should not be made the basis for an unreasonable 

multiplication of charges against one person.”).

5. [More law, including the full citations for any cases referenced in the summary. Several 

paragraphs may be used.]

ARGUMENT

6. [Use the facts and law to convince the military judge to agree with your position. Several 

paragraphs may be used.]

RELIEF REQUESTED

7. Appellate courts have dealt with unreasonable multiplication of charges through 

combinations of dismissal and consolidation of specifications. Such action is appropriate here. 

The defense offers the following recommended action to aid the Court: dismiss Charge III and 

its Specification, and dismiss Specification 2 of Charge II and consolidate it with Specification 1 

of Charge II as follows:

In that BM3 John Q. ACCUSED, United States Coast Guard, did, at or near, Cleveland, Ohio, on 

or about 2 December 2018, commit an assault upon BM2 Mark A. VICTIM by displaying to him 

a dangerous weapon, to wit: a loaded firearm, and striking at him with his fist.

8. The defense requests an Article 39(a), UCMJ, hearing to present additional evidence and 

argument on this motion.

Respectfully submitted, 

(Signature Block)

I certify that I have served a true copy (via e-mail) of the above on Judge (Name) and (Trial 

Counsel’s name) on XX Jan XX.

(Signature Block)