Note: This is an evolving list and more motions will be added. Any motions listed that aren't hyperlinks will be posted as soon as they are available. Please be sure to open these documents from a Chrome browser.
1. PRETRIAL MOTIONS
1.1 Bail
1.1.1 Motion for Reduction of Bail
1.1.2 Motion to Reduce or Reconfigure Bail
1.1.3 Motion to Reinstate Bail
1.1.4 Motion for Post-Conviction Bail
1.1.5 Motion to Develop Bail Record
1.1.6 Summary Petition for Bail
1.2 Challenges to the Indictment
1.2.1 Motion to Challenge Grand Jury Array
1.2.2 Motion to Challenge Individual Grand Jurors
1.2.3 Motion to Dismiss Indictment
1.2.4 Motion to Strike Surplusage from Indictment
1.2.5 Motion to Disclose Matters Occurring Before Grand Jury
1.3 Discovery and Discovery Responses
1.3.1 Omnibus Discovery Motion
1.3.2 Defendant’s Response to Discovery Request
1.3.3 Motion for Bill of Particulars
1.3.5 Notice of Entrapment Defense
1.3.6 Motion to Compel Production of Discovery Materials
1.3.7 Defendant’s Request for Production of Rule 404(b) Evidence
1.3.8 Motion for In Camera Hearing Regarding 404(b) Evidence
1.3.9 Motion for in Camera Hearing regarding Victim’s Records
1.4 Suppression, Exclusion and Motions in Limine
1.4.1 Motion to Suppress Statement(s) of Defendant
1.4.2 Motion to Suppress Evidence
1.4.3 Motion to Suppress Pretrial Identification Evidence
1.4.4 Motion to Suppress Photographic Array
1.4.5 Motion in Limine
1.4.6 Motion to Exclude Evidence of Flight
1.4.7 Motion to Suppress Prejudicial Photographs
1.4.8 Motion to Suppress Electronic Intercept
1.5 Competency and Sanity
1.5.1 Motion for Mental Examination
1.5.2 Order Granting Mental Examination
1.5.3 Motion for Hearing on Competency
1.5.4 Motion for Examination by Independent Expert
1.5.5 Motion for Competency Review Hearing
1.5.6 Motion for Hearing on Defense on Merits
1.5.7 Notice of Insanity Defense
1.5.8 Notice of Expert Testimony of Defendant’s Mental Condition
1.5.9 Motion for Bifurcated Trial (Insanity)
1.5.10 Motion for Further Mental Examination
1.5.11 Motion for Post-Conviction Examination
1.6 Disqualification, Recusal, and Withdrawal
1.6.1 Motion for Disqualification of Judge
1.6.2 Certificate of Counsel in Support of Motion for Disqualification of Judge
1.6.3 Motion to Recuse Office of Prosecuting Attorney and for Appointment of Special Prosecutor
1.6.4 Motion to Withdraw from Representation
1.6.5 Certificate of Counsel in Support of Motion for Withdrawal
1.7 Consolidation, Severance, and Bifurcation
1.7.1 Motion for Consolidation of Charges
1.7.2 Motion for Severance of Offenses
1.7.3 Motion for Separate Trial (Felony)
1.7.4 Motion for Separate Trial (Misdemeanor)
1.7.5 Motion for Bifurcated Trial (Mercy)
1.7.6 Motion for Bifurcated Trial (Prior Convictions)
1.8 Miscellaneous Pretrial Motions
1.8.1 Motion for Speedy Trial (One Term Rule)
1.8.2 Motion for Dismissal Due to Failure to Provide Speedy Trial (3 Term Rule)
1.8.3 Motion for Speedy Trial (Magistrate Court)
1.8.4 Motion for Dismissal Due to Unnecessary Pre-Indictment Delay
1.8.5 Petition for Habeas Corpus Relief and for Dismissal due to Failure to Provide Speedy Trial (2 Term Rule)
1.8.6 Motion for Leave to File Additional Motions
1.8.7 Motion for Leave to Appear by Telephone
1.8.8 Transport Order
2 TRIAL AND RELATED MOTIONS
2.1 Plea Documents
2.1.1 Certificate of Counsel re Plea
2.1.2 Statement of Counsel for Defendant in Support of Plea of Guilty
2.1.4 Conditional Plea Agreement
2.1.5 Drug Court Conditional Plea Agreement
2.1.6 Waiver of Forensic Testing
2.2 Motions Regarding the Jury
2.2.1 Motion to Challenge Jury Selection Procedure (with Statement in Support)
2.2.2 Statement in Support of Motion to Challenge Jury Selection Procedure
2.2.3 Motion for Change of Venue
2.2.4 Motion for Change of Venire
2.2.5 Motion for Sequestration of Jury
2.2.6 Motion to Conduct Voir Dire
2.2.7 Motion for Use of Jury Questionnaire (with Questionnaire)
2.2.8 Juror Personal History Questionnaire
2.2.10 Motion to Waive Jury Trial
2.2.11 Waiver of Right to Jury Trial
2.2.12 Reservation of Right and Motion for Jury Trial
2.3 Motions Regarding Witnesses
2.3.3 Motion to Secure Attendance of Nonresident Witness
2.3.4 Petition for Writ of Habeas Corpus ad Testificandum
2.3.5 Motion for Deposition of Prospective Witness
2.3.6 Motion for Appointment of Interpreter
2.3.7 Motion for Disclosure of Mental Health Records of Witness
3 POST-TRIAL MOTIONS
3.1 Verdict
3.1.2 Motion for Post-Verdict Judgment of Acquittal
3.1.3 Motion for New Trial
3.2 Sentencing
3.2.1 Motion for Presentence Diagnosis and Classification
3.2.2 Motion for Sentencing as Youthful Offender
3.2.3 Motion for Probation
3.2.4 Petition for Probation (Magistrate Court)
3.2.5 Motion for Home Incarceration
3.2.7 Motion for Reconsideration of Sentence
3.2.8 Motion for Stay of Execution of Sentence
3.2.9 Addendum to Pre-sentence Investigation
3.2.10 Objection to Pre-sentence Report (utilizing Adverse Childhood Experiences (ACES))
4 POST-CONVICTION RELIEF
4.1 Appeals
4.1.1 Guidelines for Preparation of Appellate Transcripts in WV Courts
4.1.2 Motion to Extend Period for Appeal
4.1.3 Motion to File Petition for Appeal Outside Time Limits
4.2 Post-Conviction Habeas Corpus Proceedings
4.2.1 Rules
4.2.2 Petition for Writ of Habeas Corpus Ad Subjiciendum under W. Va. Code § 53–4A–1
4.2.3 Memorandum of Law
4.2.4 Post-Conviction Habeas Corpus Form Application to Proceed in Forma Pauperis and Affidavit
4.2.5 Losh List
4.3 Miscellaneous Post-Conviction Matters
4.3.1 Early Release from Home Confinement
4.3.2 Motion for Relief of Costs