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Motions/Writs/Appeals Team

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The Motions/Writs/Appeals Team is responsible for the following:
 
FELONIES
 
The felony motions team is responsible for filing opposition briefs to defendants’ pretrial felony motions in superior court and appearing before the court when motions are scheduled for hearings. Felony motions are heard on a weekly basis and must be researched and written within a set time frame. In addition, the team handles all writs of habeas corpus, mandate/prohibition and coram nobis, whenever the trial court or district court of appeals issues an Order to Show Cause returnable to the superior court. The motions team handles certain selected People’s appeals to the District Court of Appeals. Petitions for findings of factual innocence are also the responsibility of the motions team.
 
MISDEMEANORS
 
Whenever misdemeanor convictions are appealed to the Appellate Department of the Superior Court, the motions team prepares and writes responsive briefs. The team also prepares and files all People’s appeals to the Appellate Department. An assigned motions deputy district attorney is responsible for appearing in the Appellate Department for oral argument on misdemeanor appeals the second Friday of each month. When writ review is requested in limited jurisdiction misdemeanor matters, the team is responsible for a response and an appearance in the general jurisdiction superior court.
 
INFRACTIONS
 
The motions team handles all appearances in the traffic court whenever an attorney represents a defendant. In addition, the team is responsible for filing a response whenever a traffic conviction is appealed.
 
OTHER DUTIES
 
The motions team provides legal advice and guidance to both office trial attorneys and public safety officers. On an as needed basis, the team provides formal training sessions for both trial lawyers and public safety officers.
 
For More Information Please Contact:
 
Motions/Writs/Appeals
70 West Hedding Street, West Wing
San Jose, CA 95110
Email: Ombudsman@da.sccgov.org
Phone: (408) 792-2805