Request for Relief

The relief requested should be written in at least three parts. More importantly, the request for relief should become a closing argument to pursue the goals of Action Motions 2K10. Be ever mindful, however -- the goals of Action Motions 2K10 are not always stated in the prayer for relief.
Action Motions 2K10 should request: a remedy which it would be error to deny, a remedy which can be granted, and a remedy which aims for a more perfect level of justice but which will not be granted under the current state of the law.
It is important that the prayer for relief state that the alternative requests for relief are less acceptable than the previously requested relief. Requesting relief in this comprehensive manner takes advantage of established law as well as developing law. Since the prosecution often does not, and most times cannot appeal the relief granted by motions, the body of existing case law does not circumscribe the relief that may be given in response to motions, and basing motions on existing case law alone is simply inadequate representation.

Creativity in the type of relief requested, as well as the quality of the evidence supporting the relief requested may often be decisive in bringing about favorable results. The litigation of Action Motions 2K10 requires evidence which supports the motions.

Examples of Request for Relief

Prayer for Relief

For the reasons stated above, Douglas Palmer respectfully requests that the Court:

1) disqualify Randall Sherrod as prosecutor in this case due to his conflict of interest. This conflict being in part his use of his office for political gain as opposed to the constitutional function of the office;

2) grant sanctions against Randy Sherrod's gross prosecutorial misconduct, restraining Randall Sherrod from seeking the death penalty in this case;

3) hold a show cause hearing to determine the reasons for Randy Sherrod's disregard of Judge Patrick A. Pirtle's orders concerning trial publicity and the handling of evidence;

4) dissolve at once the order concerning trial publicity which has been dissolved de facto by this Court's refusing to enforce it and making public statements in the media about the nature of the order after counsel for Douglas Palmer first moved for sanctions against Randall Sherrod because of his violation of the order;

5) immediately provide funds to counsel for Douglas Palmer for payment of funds expended to date and for funds to continue to investigate acts of prosecutorial misconduct by Randall Sherrod;

6) provide counsel an opportunity to present evidence on this motion;

7) enter an appropriate statement of the Court's judicial misconduct together with a plan to restore equality of treatment to persons of all skin colors in this court; and,

8) grant such other and further relief as justice may require.

Prayer for Relief

Wherefore, for the reasons stated in this motion, the reasons presented by evidence, the reasons to be set out in memoranda of law, XXXX respectfully requests the following relief which is layered in both time capsules and voluntary compliance capsules:

1. that the State, instanter, move the court to annul or dismiss the contempt charge against XXXX;

(a) thereafter, the court annul or dismiss the contempt charge against XXXX, or, if the State fails to make the motion before August 29, 1994,

(b) that the court, of its own accord, annul or dismiss the contempt charge against XXXX,

(c) in the event the contempt charge against XXXX is annulled or dismissed on or before September 9, 1994, the remainder of the relief requested here becomes moot, unless after the annulment or dismissal either the State or the judge seeks further sanctions against XXXX for conduct resulting from this incident.

2. that if the contempt of XXXX is not annulled or dismissed on or before September 9, 1994, that an independent adjudicator will be appointed consistent with the Rules of Practice, statutes and constitutional concepts set out in the motion;

(a) that the independent adjudicator annul or dismiss the contempt conviction of XXXX, instanter;

(b) that if the contempt conviction of XXXX is not annulled instanter by the independent adjudicator, that the additional relief set out hereafter will be granted.

3. that an independent counsel be appointed by the independent adjudicator

(a) and the independent counsel will be charged to:

1. obtain all the documents of the present prosecutor; advise all potential witnesses of their rights under the law and Constitution and then begin interviewing all potential witnesses in this matter, including but not limited to the witnesses identified in Section III C 2 of this motion;

2. that the independent counsel be directed to investigate each aspect of the violation of both XX's and XXXX's rights;

3. that the independent counsel will be compensated by the Court;

4. that the independent counsel will be directed to file such disciplinary action deemed necessary, including but not limited to the following:

(a) report of all facts and findings to the Attorney Registration Commission for Disciplinary Proceedings;

(b) report of all facts and findings to the Judicial Inquiry Board;

(d) a report of all facts and findings to the County Treasurer and governing body;

4.That the following disclosure relief will be provided:

(a) the State make all constitutionally mandated disclosures of documents and information requested in this motion to Millard Farmer, counsel for XXXX, at P.O. Box 1728, Atlanta, GA 30301; or by expedited delivery to 151 Nassau Street, Atlanta, GA 30303; or by facsimile to (800) xxx-xxxx;

(b) the State make all statutorily mandated disclosures of documents and information in this motion to Millard Farmer, addressed as identified above;

(c) the State disclose all documents and information, even if only subject to discretionary disclosure and the State's ethical obligations;

(d) admissions by the Prosecutor of all factual issues not in dispute, and detailed reasoning for disputing all other factual issues;

(e) admissions by the Prosecutor of all legal issues not in dispute, and detailed reasoning for disputing all other legal issues;

that an evidentiary hearing be held on this motion;

for such other and further relief as justice may require.

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