The DePaul University Center for Justice in Capital Cases, in conjunction with the Office of the State Appellate Defender of Illinois, has published a manual to help Illinois trial attorneys more creatively and effectively employ motions practice in capital cases.

A motion is an application to a court for specified relief. Unless made during a hearing or trial, it must be presented in writing. The Illinois Capital Defense Manual covers six major areas including general pre-trial motions, capital pre-trial motions, trial motions, sentencing motions, post-trial motions and appeals and post-conviction motions. Each major section is further divided into many sub-sections that contain sample motions and memoranda.

The manual also includes a CD-ROM version, complete with templates that let attorneys fill in the blanks for most motions and memoranda that are presented in capital cases. Andrea Lyon, a noted criminal defense attorney who directs the Center for Criminal Justice in Capital Cases at DePaul, compiled the guide. A former Cook County public defender and chief of its Homicide Task Force, as well as the founder of the Capital Resource Center for the State of Illinois, Lyon has dedicated her career to providing top-notch representation to clients facing the death penalty.

She has written extensively on death penalty defense matters including evidence, due process, habeas corpus and trial preparation. She also is an expert on issues involving race and the death penalty. Lyon has tried more than 130 murder cases and has won 18 out of 18 of those involving the death penalty.

“This is a practical guide that will help reduce the workload of attorneys,” said Lyon, whose work with the center includes training attorneys who represent clients accused of capital crimes, providing them with resources and the direct representation of defendants. “Every conceivable pre-trial motion in a capital case can be downloaded. That translates into better representation for people charged with crimes generally, and those charged with capital crimes specifically.”

Any case where a defendant faces the death penalty or life in prison is regarded as a capital case. According to the Illinois Department of Corrections, as of December 31, 1999, there were 1,221 inmates incarcerated with life or death sentences. Of those, 159 were on death row. The estimated 434 attorneys in Illinois who, according to Sullivan’s 2000 Law Directory, were classified as criminal defense attorneys will find the manual a useful tool to help defend those who face the most serious penalties under the law—life in prison or death.

The Center for Justice in Capital Cases was established by the DePaul College of Law and the Office of the State Appellate Defender of Illinois in 2000 to serve as a training ground and resource for attorneys representing clients accused of capital crimes.

Attorneys can secure copies of the manual for $35.20 per copy, which covers copying and postage costs. Call Jennifer Keplinger at the Center for Justice in Capital Cases at 312/362-8402 to place an order.

Note to Editors: Press copies of the manual can be obtained by calling Valerie Phillips at 312/362-5039.