Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1359 - Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should file motions, responses or objections as necessary to zealously
				represent the client. The attorney should consider filing an appropriate motion
				whenever there exists a good faith reason to believe that the child client is
				entitled to relief that the court has discretion to grant. The attorney should
				file motions as soon as possible due to the time constraints of juvenile
				court.
B. The decision to file
				motions should be made after considering the applicable law in light of the
				known circumstances of each case.
C. Among the issues that counsel should
				consider addressing in a motion include, but are not limited to:
1. the pre-adjudication custody of the child
				client;
2. the constitutionality of
				the implicated statute or statutes (in which case counsel should be mindful
				that the Attorney General must be served with a copy of such a
				motion);
3. the constitutionality
				of the implicated statute or statutes;
4. the potential defects in the charging
				process;
5. the sufficiency of the
				charging document;
6. the propriety
				and prejudice of any joinder of charges or defendants in the charging
				document;
7. the discovery
				obligations of the state and the reciprocal discovery obligations of the
				defense;
8. the suppression of
				evidence gathered as the result of violations of the Fourth, Fifth or Sixth
				Amendments to the United States Constitution, state constitutional provisions
				or statutes, including:
a. the fruits of
				illegal searches or seizures;
b.
				involuntary statements or confessions;
c. statements or confessions obtained in
				violation of the child client's right to an attorney, or privilege against
				self-incrimination; or
d.
				unreliable identification evidence that would give rise to a substantial
				likelihood of irreparable misidentification.
9. the suppression of evidence gathered in
				violation of any right, duty or privilege arising out of state or local
				law;
10. in consultation with the
				child client, a mental or physical examination of the child client;
11. relief due to mental incapacity,
				incompetency, mental retardation or mental illness;
12. access to resources or experts who may be
				denied to the child client because of his or her indigence;
13. the child client's right to a speedy
				trial;
14. the child client's right
				to a continuance in order to adequately prepare his or her case;
15. matters of evidence which may be
				appropriately litigated by means of a pre-adjudication motion in
				limine;
16. motion for judgment of
				dismissal; or
17. matters of
				adjudication or courtroom procedures, including inappropriate clothing or
				restraints of the client.
18.
				matters related to the conditions under which the child client is confined,
				including the implementation of a program of education or other services while
				in confinement.