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  • c.

    Statements or confessions obtained involuntarily or in violation of the client's right to counsel, or privilege against self-incrimination; and

  • 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.

    Change of venue;

  • 11.

    Access to resources that or experts who may be denied to the client because of the

client’s indigence;

  • 12.

    The client's right to a speedy trial;

  • 13.

    The client's right to a continuance in order to adequately prepare or present the client’s


14. Matters of trial evidence that may be appropriately litigated by means of a pretrial motion; and

  • 15.

    Matters of trial or courtroom procedure.

    • C.

      Counsel should withdraw or decide not to file a motion only after careful consideration, and only

after determining whether the filing of a motion may be necessary to protect the client's rights against later claims of waiver or procedural default. In making this decision, counsel should remember that a motion may have many objectives in addition to the ultimate relief requested by the motion. Counsel thus should consider whether:

  • 1.

    The time deadline for filing pretrial motions warrants filing a motion to preserve the client's rights, pending the results of further investigation;

  • 2.

    Changes in the governing law might occur after the filing deadline that could enhance the likelihood that relief ought to be granted; and

    • 3.

      Later changes in the strategic and tactical posture of the defense case may occur that affect the significance of potential pretrial motions.

  • D.

    Counsel should request a full evidentiary hearing on any pretrial motion to the extent necessary to preserve the issue adequately for appellate review.

E. Counsel should consider the advisability of disqualifying or substituting the presiding judge. This consideration should include any information about the judge’s history in aligning with the prosecution on bail issues or motion rulings, any routine refusals of plea bargains, the client’s experience with the judge, and any specific dislike of counsel, other defense counsel, or defense counsel in general. The decision to disqualify a judge shall only be made when it is a reasoned strategy decision and in the best interest of the client. The final decision rests with counsel.


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