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Abbreviated Table of Contents
VOLUME I
Chapter 1 Client
Relations and Communications
Chapter 2 Suppressing Evidence Seized During Searches of Places
Chapter 3 Suppressing Evidence Seized From Persons
Chapter 4 Right to Counsel
Chapter 5 Self-Incrimination
Chapter 6 Discovering and Suppressing Defendant’s Statements
Chapter 7 [Reserved]
Chapter 8 Double Jeopardy and Collateral Estoppel
Chapter 9 Bail and Bond Motions
Chapter 10 Motions for DWI Cases
Chapter 11 Examining Trials and Grand Jury Hearings
Chapter 12 Pre-Trial Motions
Chapter 13 Discovery Motions
VOLUME II
Chapter 14 Jury
Selection and Voir Dire
Chapter 15 Trial Motions
Chapter 16 Evidence
Chapter 17 Child Abuse Cases
Chapter 18 Sex Offender Registration
Chapter 19 [Reserved]
Chapter 20 Punishment Phase
Chapter 21 Post-Trial Proceedings
Chapter 22 Expunctions and Non-Disclosure
EXPANDED TABLE OF
CONTENTS
Chapter 1: Client
Communications
I. General
Points
§1:01 Disciplinary Rule Requirements
§1:02 Use Mail, Phone, and E-Mail
§1:03 The Client Makes the Decisions
II. Obtaining
Client Information
§1:10 Explain Privilege and Rules of the Relationship
§1:11 Obtain a Client Information Worksheet
III. Fee
Agreements
§1.20 Disciplinary Rule Requirements
§1.21 Clarify the Scope of the Representation
IV. Ongoing
Communication
A. General Matters
§1.30 Disciplinary Rule Requirement
§1.31 Practice Defensively
§1:32 Confidentiality in Electronic Communications
B. Community
Supervision Matters
§1.40 Keep Client Apprised of Status
§1.41 Advise Client of Requirements
§1.42 Inform Court Supervision Officers
C. Expunction and
Non-Disclosure Services
§1.50 Inform Client of Filings
§1.51 Give Client Copy of Order
V. Multiple
Client Representation Communications
§1.60 Disciplinary Rule Requirement
§1.61 Joint Defense Agreements
VI. Withdrawing
From Representation
§1.71 Disciplinary Rule Requirements
§1.72 Warning of Withdrawal for Non-Payment
VII. Forms
Form 1-1 Client In Formation Worksheet
Form 1-2 Professional Services Agreement
Form 1-3 Fee Agreement Letter (Flat Fee)
Form 1-4 Fee Agreement Letter (Stair-Step Fee for Trial Services)
Form 1-5 Fee Agreement Letter (Hourly Billing Format)
Form 1-6 Letter Declining Employment
Form 1-7 Letter Notifying Client of Appointment of Counsel
Form 1-8 Letter to Client Providing Copy of Administrative License
Revocation Documents
Form 1-9 Letter to Client Providing Copy of Arrest or Search
Warrant
Form 1-10 Letter Notifying Client of Court Appearance
Form 1-11 Letter Accompanying Defendant’s Application for
Community Supervision
Form 1-12 Letter Advising Client of Case Dismissal
Form 1-13 Letter Advising Client of Case Dismissal and Right to
Expunction
Form 1-14 Letter to Client Communicating Plea Offer
Form 1-15 Letter Updating Client Concerning Status of Case
Form 1-16 Receipt for Client Papers
Form 1-17 Confidentiality Note for Electronic Client
Communications
Form 1-18 Letter to Client Accompanying Motion to Reduce or
Terminate Community
Supervision Term
Form 1-19 Letter to Client Accompanying Motion to Amend Community
Supervision Term to
Non-Reporting
Form 1-20 Letter to Community Supervision Officer Accompanying
Motion to Reduce or
Terminate Community Supervision Term
Form 1-21 Letter to Community Supervision Officer Accompanying
Copy of Motion to Amend
Community Supervision Term to Non-Reporting
Form 1-22 Letter to Client Accompanying Copy of Motion for
Expunction of Criminal Records
Form 1-23 Letter to Client Accompanying Copy of Petition for
Non-Disclosure of
Criminal Records
Form 1-24 Letter to Client Following Approval of Order Expunging
Criminal Arrest Records
Form 1-25 Letter to Client Following Approval of Order of
Non-Disclosure of Criminal
Arrest Records
Form 1-26 Waiver of Conflict of Interest
Form 1-27 Joint Defense Agreement
Form 1-28 Letter to Client Warning of Withdrawal in the Event Fee
Obligations Are Not Fulfilled
Form 1-29 Motion to Withdraw as Counsel of Record
Chapter 2:
Suppressing Evidence Seized
During Searches of Places
I. Motions to
Suppress Evidence
A. General Points
§2:01 Purpose of Motions to Suppress Evidence
§2:02 Statutory and Constitutional Rules
§2:03 Warrant or Exigent Circumstances Required
§2:04 Burdens of Proof
§2:05 Rules at Suppression Hearings
§2:06 Findings of Fact and Conclusions of Law
B. Suppression of
Search
§2:10 Grounds to Suppress Without Warrant
§2:11 Grounds to Suppress Search Under Warrant
C. Suppression of
Evidence Seized Pursuant to Invalid Consent
§2:20 Requirements for Voluntary Consent
§2:21 Grounds to Suppress
II. Attacking
the Search Warrant Affidavit
§2:30 Misrepresentations in Affidavit
§2:31 Grounds for Hearing
III. Motion to
Reveal Identity of Informer
§2:40 Purpose of Motion
§2:41 Applicable Rule of Evidence
§2:42 Exceptions to State’s Privilege to Withhold Informer’s Identity
§2:43 Defendant’s Burden
§2:44 Challenging Reliability or Credibility of Informer
§2:45 Mechanics of Rule
IV. Forms
Form 2-1 Findings of Fact and Conclusions of Law on Motion to
Suppress (Consent to Search)
Form 2-2 Motion to Suppress Search Without Warrant
Form 2-3 Motion to Suppress Search Under Warrant
Form 2-4 Defendant’s Brief in Support of Motion to Suppress Based
on Illegal Search of
Residence (Warrant Does Not Describe the Residence Searched)
Form 2-5 Motion to Suppress Evidence Seized Pursuant to Invalid
Consent
Form 2-6 Motion to Suppress Search Warrant—Deliberate False
Statements in Affidavit
Form 2-7 Defendant’s Brief in Support of Franks Motion to Suppress
Search Warrant
Form 2-8 Motion to Reveal Identity of In Former (Testimony
Relevant to Guilt or Innocence)
Form 2-9 Motion to Reveal Identity of In Former (Challenge to
Legality of Obtaining Evidence)
Chapter 3:
Suppressing Evidence Seized From Persons
I. Motions to
Suppress Evidence
A. General Points
§3:01 Purpose of Motion
§3:02 Constitutional and Statutory Provisions
§3:03 Requirements for Searches
§3:04 Burdens of Proof Regarding Arrest and Search
§3:05 Rules at Suppression Hearing
§3:06 Findings of Fact and Conclusions of Law
B. Suppressing
Evidence in Specific Circumstances
1. Illegal
Detention or Arrest
§3:10 Illegal Detention of Defendant
§3:11 Illegal Warrantless Arrest
§3:12 Illegal Arrest Under Warrant
2. Illegal Search
§3:20 Consent to Search
§3:21 Search of Defendant’s Person
§3:22 Protective Search
§3:23 Search of Defendant Incident to Search Warrant
§3:24 Invasive Body Search of Defendant
§3:25 Search of Defendant During Illegal Vehicle Stop
§3:26 Search of Defendant While in Public Transit (Bus and Airplane
Searches)
II. Motions to
Suppress Arrest Warrant
§3:30 Affidavit Requirements and Burden of Proof
§3:31 Contents of Motion
III. Forms
Form
3-1 Findings of Fact and Conclusions of Law on Motion to Suppress
Form 3-2 Motion to Suppress Evidence: Illegal Detention of
Defendant
Form 3-3 Motion to Suppress Evidence: Illegal Warrantless Arrest
of Defendant
Form 3-4 Defendant’s Brief in Support of Motion to Suppress Search
Based on Illegal Detention
Form 3-5 Motion to Suppress Evidence: Illegal Arrest of Defendant
Under Warrant
Form 3-6 Motion to Suppress Evidence: Illegal Search of
Defendant’s Person
Form 3-7 Consent to Search
Form 3-8 Motion to Suppress Evidence: Invalid Consent to Search
Form 3-9 Defendant’s Brief in Support of Motion to Suppress Search
Based on Invalid Consent
Form 3-10 Motion to Suppress Evidence: Invalid Protective Search
Form 3-11 Motion to Suppress Evidence: Invalid Search of Defendant
Incident to
Search Warrant
Form 3-12 Motion to Suppress Evidence: Illegal Invasive Body
Search of Defendant
Form 3-13 Motion to Suppress Evidence: Search of Defendant During
Illegal Vehicle Stop
Form 3-14 Motion to Suppress Evidence: Illegal Search of Defendant
While in Public Transit
(Bus & Airplane Searches)
Form 3-15 Motion to Suppress Arrest Warrant Affidavit:
Misrepresentations in Affidavit
Chapter 4: Right to
Counsel
I. General
Points
§4:01 Constitutional and Statutory Authority
§4:02 Right Attaches When Proceeding Initiated
§4:03 Presence of Counsel During Interrogation
§4:04 Right May Be Invoked by Attorney
§4:05 Invocation of Right Is Offense Specific
§4:06 Comments on Fact of Representation Not Allowed
II. Notice and
Substitution as Counsel
§4:10 Letter Notifying Court of Representation
§4:11 Substituting as Counsel
III. Indigent
Defendants and Court-Appointed Attorneys
§4:20 Non-Death Penalty Cases
§4:21 Death Penalty Cases
§4:22 Determining Indigency Status
§4:23 Qualifying as Court-Appointed Counsel
§4:24 Time to Prepare for Trial
IV. Privileged
Statements
§4:30 Authority for Privilege
§4:31 Suppression Hearings
V. Remedies for
Sixth Amendment Violations
§4:40 General Points
§4:41 Suppressing Defendant’s Statements
§4:42 Suppressing Psychiatric Testimony Due to Sixth Amendment
Violation
§4:43 Dismissal of Charges Due to Sixth Amendment Violation
VI. Forms
Form 4-1 Motion to Prohibit Law Enforcement Contact
With Defendant
Form 4-2 Motion in Limine
Prohibiting Comment on Defendant Contacting or Retaining Attorney
Form 4-3 Representation Letter
Form 4-4 Motion to Substitute Counsel
Form 4-5 Request for or Waiver of Counsel by Indigent Defendant
Form 4-6 Application for Court-Appointed Counsel
Form 4-7 Court’s Order Appointing Counsel for Defendant
Form 4-8 Deviation From Art. 26.04 Statutory Procedure
Form 4-9 Application to Qualify as Court-Appointed Counsel
Form 4-10 Order Appointing Counsel on Appeal
Form 4-11 Motion for Continuance After Appointment
Form 4-12 Waiver of Trial Preparation Time
Form 4-13 Motion to Suppress Privileged Statements
Form 4-14 Motion in Limine—Privileged
Statements
Form 4-15 Defendant’s Brief in Support of Motion to Suppress
Privileged Statements
Form 4-16 Motion to Suppress Due to Sixth Amendment Violation
Form 4-17 Defendant’s Brief in Support of Pre-Trial Motion to
Suppress and Dismiss Based on
Sixth Amendment Violation
Form 4-18 Suppression of Psychiatric Testimony Due to Sixth
Amendment Violation
Form 4-19 Motion to Dismiss Due to Sixth Amendment Violation
Chapter 5:
Self-Incrimination
I. General
Points: Self-Incrimination and Waiver
§5:01 Constitutional and Statutory Provisions
§5:02 Fifth Amendment Applies
§5:03 Fifth Amendment Does Not Apply
§5:04 Fifth Amendment Waived by Presenting Evidence
§5:05 Fifth Amendment Waived by Agreement
II. Handwriting
and Fingerprinting
§5:10 Handwriting Exemplars
§5:11 Fingerprinting Defendant
III. Limiting
Scope of Cross-Examination of Defendant
A. Limiting Scope
on Preliminary Issues
§5:20 The Rule
§5:21 Motion to Limit Scope of Cross-Examination at Pre-Trial Hearings
§5:22 Motion to Limit Cross-Examination on Preliminary Issues
B. Hearings on
Preliminary Matters
§5:30 Conducted Out of Presence of Jury When Requested
§5:31 Motion to Conduct Hearing Out of Presence of Jury
C. Limiting Scope
at Trial
§5:40 Preventing Use of Defendant’s Previous Testimony at Trial
§5:41 Motion in Limine to Prohibit Use of
Defendant’s Previous Testimony
IV. Immunity
Agreements
§5:50 Purpose of Immunity Agreements
§5:51 Authority for Immunity Agreements
§5:52 Statutory Immunity Provisions
§5:53 State’s Application for Use and Derivative Use Immunity
§5:54 Agreements for Use and Derivative Use Immunity
§5:55 Defendant’s Motion for Grant of Immunity
§5:56 Enforcing a Grant of Immunity
§5:57 Suppressing Statements and Evidence Obtained Under Immunity
Agreement
§5:58 Motion in Limine to Prevent Use of
Testimony and Evidence Obtained Under
Immunity Agreement
V. Post-Arrest
Silence
§5:60 Defendant’s Post-Arrest Silence
§5:61 Motion in Limine to Prevent Use of
Post-Arrest Silence
§5:62 Witness’s Invocation of Fifth Amendment
§5:63 Motion in Limine—Witness Invoking Fifth
Amendment
VI. Confidential
Communications
§5:70 Authority
§5:71 Motion to Suppress Privileged Communications
§5:72 Motion to Invoke Privilege Out of Presence Of Jury
§5:73 Motion in Limine Prohibiting Mention of
Privileged Communications
VII. Suppressing
Evidence Obtained Through Fifth Amendment Violations
A. General Points
§5:80 Fifth Amendment Law in General
§5:81 Motion to Suppress Due to Fifth Amendment Violation
B. Psychiatric
Testimony
§5:90 Suppressing Psychiatric Testimony Due to Fifth Amendment
Violation
§5:91 Motion to Suppress Psychiatric Testimony Due to Fifth Amendment
Violation
C. Documents
§5:100 Suppressing Documents Obtained Through Fifth Amendment
Violations
§5:101 Suppressing Documents Obtained in Violation of Fifth Amendment
§5:102 Dismissal of Charges Due to Fifth Amendment Violation
§5:103 Motion to Dismiss Due to Fifth Amendment Violation
VIII. Forms
Form 5-1 Agreement to Waive Fifth Amendment
Form 5-2 Handwriting Exemplar
Form 5-3 State’s Motion to Fingerprint Defendant
Form 5-4 Motion to Limit Scope of Cross-Examination at Pre-Trial
Hearings
Form 5-5 Rule 104(d) Motion to Limit Scope of Cross-Examination
Form 5-6 Motion
in Limine to Prohibit Use of Defendant’s Previous Testimony
Form 5-7 State’s Application for Use and Derivative Use Immunity
Form 5-8 Agreement for Use and Derivative Use Immunity
Form 5-9 Defendant’s Motion for Grant of Immunity
Form 5-10 Motion to Enforce Immunity Agreement
Form 5-11 Motion to Suppress Statements and Evidence Obtained
Under Immunity Agreement
Form 5-12 Motion in Limine
to Prevent Use of Testimony and Evidence Obtained Under
Immunity Agreement
Form 5-13 Motion in Limine
to Prevent Use of Post-Arrest Silence
Form 5-14 Motion in Limine—Witness
Invoking Fifth Amendment
Form 5-15 Motion to Suppress Privileged Statements
Form 5-16 Defendant’s Brief in Support of Motion to Suppress
Privileged Statements
Form 5-17 Motion to Invoke Privilege Out of Presence of Jury
Form 5-18 Motion in Limine
Prohibiting Mention of Privileged Communications
Form 5-19 Motion to Suppress Due to Fifth Amendment Violation
Form 5-20 Defendant’s Brief in Support of Motion to Suppress
Statement Due to Fifth
Amendment Violation
Form 5-21 Suppression of Psychiatric Testimony Due to Fifth
Amendment Violation
Form 5-22 Motion to Suppress Documentary Evidence Obtained in
Violation of
Fifth Amendment
Form 5-23 Motion to Dismiss Due to Fifth Amendment Violation
Chapter 6:
Discovering and Suppressing Defendant’s Statements
I. Motions to
Discover Defendant’s Statements
§6:01 Purpose of Motion
§6:02 Statutory Rules
§6:03 Written Statements
§6:04 Recorded Oral Statements
§6:05 Non-Recorded Oral Statements
II. Motions to
Suppress Defendant’s Statements
A. General Points
§6:10 Purpose of Motion
§6:11 Statutory and Constitutional Rules
§6:12 General Principles
§6:13 Burdens of Proof
§6:14 Rules at Hearing on Motion to Suppress
§6:15 Grounds to Suppress Written Statement
§6:16 Grounds to Suppress Oral Statement
§6:17 Findings of Fact and Conclusions of Law
B. Juvenile
Statements
§6:20 General Law
§6:21 Grounds to Suppress Juvenile Statement
III. Forms
Form 6-1 Motion to Reduce Oral Statements to Writing
Form 6-2 Motion to Suppress Written Statement of Defendant
Form 6-3 Defendant’s Brief in Support of Motion to Suppress
Written Confession
Form 6-4 Motion to Suppress Oral Statements of Defendant
Form 6-5 Findings of Fact and Conclusions of Law on Admissibility
of Defendant’s Recorded
Oral Statements
Form 6-6 Motion to Suppress Juvenile Statement
Chapter 7: [Reserved]
Chapter 8: Double
Jeopardy and Collateral Estoppel
I. Authority and
General Principles
§8:01 Constitutional and Statutory Provisions
§8:02 General Double Jeopardy Principles
§8:03 The Blockburger Test
§8:04 The Legislative Intent Test
§8:05 Allowable Units of Prosecution Analysis
§8:06 Application of Double Jeopardy Principles
§8:07 When Jeopardy Attaches
II. Raising
Double Jeopardy Claims
§8:10 Habeas Corpus Writs
§8:11 Claim Based on Previous Conviction
§8:12 Claim Based on Previous Acquittal
§8:13 Claim Based on Multiple Prosecutions in a Single Trial
§8:14 Claim Based on Improper Mistrial
III. Special
Pleas of Double Jeopardy
§8:20 Statutory Law
§8:21 Case Law Analysis
§8:22 Double Jeopardy Claims on Appeal
§8:23 Remedy for Double Jeopardy Violations
IV. The
Collateral Estoppel Doctrine
§8:30 Basic Collateral Estoppel Principles
§8:31 Raising Collateral Estoppel Claims
§8:32 Collateral Estoppel at Punishment Phase
§8:33 Collateral Estoppel at Probation Revocation Proceedings
V. Forms
Form 8-1 Application for Writ of Habeas Corpus Based on Prior
Conviction
Form 8-2 Application for Writ of Habeas Corpus Based on Prior
Acquittal
Form 8-3 Application for Writ of Habeas Corpus Based on Multiple
Punishments at Single Trial
Form 8-4 Application for Writ of Habeas Corpus Based on Improper
Mistrial
Form 8-5 Special Plea on Double Jeopardy (Prior Conviction)
Form 8-6 Special Plea on Double Jeopardy (Prior Acquittal)
Form 8-7 Special Plea on Double Jeopardy (Multiple Punishments in
a Single Trial)
Form 8-8 Special Plea on Double Jeopardy (Improper Mistrial)
Form 8-9 Special Plea—Collateral Estoppel
Form 8-10 Application for Writ of Habeas Corpus Based Collateral
Estoppel
(Guilt/Innocence Phase)
Form 8-11 Application for Writ of Habeas Corpus Based Collateral
Estoppel
(Punishment Phase)
Form 8-12 Application for Writ of Habeas Corpus Based Collateral
Estoppel
(Probation Revocation Proceeding)
Chapter 9: Bail and
Bond Motions
I. Securing the
Client’s Bond
§9:01 General Points
§9:02 Constitutional and Statutory Provisions
§9:03 Setting a Reasonable Bond
§9:04 Reinstating Bonds or Bond Amounts
§9:05 Setting Aside Bond Forfeitures
§9:06 Habeas Writ for Bond Reduction
II. Conditions
of Bond
§9:10 Statutory Provisions
§9:11 Objections to a Condition
§9:12 Habeas Corpus Relief From Unreasonable Bond Condition
III. Release of
Defendant Because of Delay
§9:20 Statutory Provisions
§9:21 Writ of Habeas Corpus
IV. Appeal Bonds
§9:30 Statutory Provisions
§9:31 Motions for Appeal Bond
V. Surrender of
Principal by Surety
§9:40 Statutory Provisions
§9:41 Notice to Principal’s Attorney
VI. Denying Bail
§9:50 Constitutional Provisions
§9:51 Judge May Deny Bail
§9:52 Bond After Denial of Bond
VII. Forms
Form 9-1 Motion to Set Reasonable Bond
Form 9-2 Application for Writ of Habeas Corpus and Motion for
Reasonable Bond
Form 9-3 Brief in Support of Motion for Reasonable Bond
Form 9-4 Motion to Reinstate Bond or Bond Amount
Form 9-5 Motion to Set Aside Bond Forfeiture
Form 9-6 Application for Writ of Habeas Corpus for Reasonable Bond
Form 9-7 Written Objection to Bond Condition
Form 9-8 Habeas Corpus Petition for Relief From Unreasonable Bond
Condition(s)
Form 9-9 Application for Writ of Habeas Corpus (Art. 17.033)
Form 9-10 Application for Writ of Habeas Corpus (Art. 17.151)
Form 9-11 Motion for Reasonable Appeal Bond
Form 9-12 Motion for Appeal Bond After Reversal
Form 9-13 Affidavit of Surety to Surrender Principal
Form 9-14 Motion to Deny Bail
Form 9-15 Motion to Set Aside Denial of Bond
Chapter 10: Motions
for DWI Cases
I. Motions to
Suppress Evidence
A. Illegal Stop of
Vehicle
§10:01 Statutory Law
§10:02 Stop Is a Seizure That Requires Reasonable Suspicion
§10:03 Additional Arrests and Further Detention
B. Oral Statements
on DWI Videotape
§10:10 No Statement After Defendant Invokes Rights
C. Intoxilyzer Test
Results
§10:20 Statutory Law
§10:21 State’s Burden for Admissibility
§10:22 No Need to Establish Scientific Basis
D. Retrograde
Extrapolation Evidence
§10:30 Statutory Law
§10:31 Definition and Purpose
§10:32 State’s Burden for Admissibility
E. Blood Specimen
§10:40 Statutory Law
§10:41 Taking Specimen Is a Search, But Not Self-Incrimination
§10:42 Requirements for Admissibility
II. Motions to
Quash
A. Quashing the
Information or Indictment
§10:50 Statutory Law
§10:51 No Need to Allege the Intoxicant
B. Quashing the
Enhancement Paragraph
§10:60 Statutory Law
§10:61 Priors Must be Within Ten Years of Offense or Each Other
III.
Stipulations to Jurisdictional Prior Convictions
§10:70 Statutory Law
§10:71 Offering to Stipulate
§10:72 Stipulation Removes Need for Evidence
§10:73 Fact-Finder Should Be Informed of Stipulation
IV.
Motions in Limine
§10:80 General Points
V. Petitions for
Occupational Operator’s License
§10:90 Statutory Law
§10:91 Pre-Trial Application Is a Civil Matter
VI. Forms
Form 10-1 Motion to Suppress Evidence Based on Illegal Stop of
Defendant’s Vehicle
Form 10-2 Brief in Support of Pre-Trial Motion to Suppress
Evidence Based on Illegal
Vehicle Detention
Form 10-3 Motion to Suppress Oral Statements Made on DWI Videotape
Form 10-4 Motion to Suppress Evidence of Intoxilyzer Test Results
Form 10-5 Motion to Suppress Retrograde Extrapolation Evidence
Form 10-6 Motion to Suppress Evidence of Blood Specimen
Form 10-7 Motion to Quash In Formation or Indictment
Form 10-8 Brief in Support of Motion to Quash DWI In Formation
Form 10-9 Motion to Quash Enhancement Paragraph
Form 10-10 Brief in Support of Motion to Quash Felony DWI
Enhancement
Form 10-11 Request to Stipulate to Jurisdictional Prior
Convictions
Form 10-12 Agreed Stipulation of Evidence
Form 10-13 Defendant’s
Motion in Limine
Form 10-14 Petition for Occupational Operator’s License
Form 10-15 Affidavit of Petitioner for Petition for Occupational
Operator’s License
Form 10-16 Waiver of Service for Petition for Occupational
Operator’s License
Form 10-17 State’s Request for Waiver of Presence at Hearing for
Petition for Occupational
Operator’s License
Chapter 11:
Examining Trials and Grand Jury Hearings
I. Examining
Trials
§11:01 In General
§11:02 Motion for Examining Trial
II. Grand Juries
A. Grand Jury
Impaneling
1. Equal Protection
and Fair Cross-Section Violations
§11:10 Statutory Law
§11:11 Violation Occurs When Identifiable Group Is Excluded
§11:12 Defendant’s Standing
§11:13 Elements of Violation
2. Challenging the
Array
§11:20 Statutory Law
§11:21 Challenge Must Be When the Array Is Impaneled
3. Quashing the
Indictment Based on Improper Selection
§11:30 Statutory Law
§11:31 Time to Challenge
§11:32 Burden of Proof
§11:33 Remedy
4. Improperly
Constituted Grand Jury
§11:40 Statutory Law
§11:41 Challenge to a Particular Juror
B. Grand Jury
Conduct
1. Improper
Questioning of Grand Jury Witness
§11:50 Statutory Law
§11:51 Analysis of Whether Error Is Harmless
2. Improper Person
Present With Grand Jury
§11:60 Statutory Law
§11:61 Improper Person Requires New Trial
3. Improper Return
of Indictment
§11:70 Statutory Law
C. Endorsement of
Witness Names on Indictment
§11:80 Statutory Law
§11:81 Defendant Can Learn Who Testified
D. Representing the
Defendant
§11:90 Statutory Law
E. Transcripts of
Grand Jury Testimony
§11:100 Statutory Law
§11:101 Defendant Must Show Particularized Need for Testimony
III. Forms
Form 11-1 Motion for Examining Trial (Requesting Discharge of
Defendant)
Form 11-2 Motion for Examining Trial (Requesting Reasonable Bond)
Form 11-3 Motion for Examining Trial (Defendant Transferred From
Juvenile Court)
Form 11-4 Challenge to the Array
Form 11-5 Motion to Quash Indictment Based on Improper Grand Jury
Selection
Form 11-6 Brief in Support of Motion to Quash Indictment Based on
Improper Grand
Jury Selection
Form 11-7 Motion to Challenge a Particular Grand Juror
Form 11-8 Motion to Quash Indictment Due to Improper Grand Jury
Conduct
Form 11-9 Motion to Quash Indictment Due to Improper Person
Present
Form 11-10 Motion to Quash Indictment Due to Insufficient Number
of Votes
Form 11-11 Motion to Require Endorsement of Names of Grand Jury
Witnesses on Indictment
Form 11-12 Request for Defense Attorney to Appear at Grand Jury
Form 11-13 Letter for Grand Jurors in Lieu of Appearance by
Attorney
Form 11-14 Motion for Production of Grand Jury Transcript
Form 11-15 Brief in Support of Motion for Production of Grand Jury
Transcript
Chapter 12: Pre-Trial
Motions
I. General
Points
A. Filing Pre-Trial
Motions
§12:01 Statutory Law
§12:02 Time Limits
§12:03 Constitutional Issues May Be Filed at Any Time Prior to Trial
B. Pre-Trial Motion
Hearings
§12:10 Statutory Law
§12:11 Defendant Must Request Hearing
§12:12 Trial Court Is Not Required to Hold Hearing
II. Challenging
and Amending Charging Instruments
A. Motions to Quash
§12:20 Statutory Law
§12:21 Motion Must Be Filed and Heard Before Trial Date
§12:22 Grounds for Challenge
B. Amendments
§12:30 Statutory Law
§12:31 Motion Must Be Filed Before Trial Date
§12:32 Procedure to Amend
III. Change of
Venue Motions
§12:40 Statutory Law
§12:41 Timing Deadlines Do Not Apply
§12:42 Motion Must Be Supported by Affidavits
§12:43 Controverting Affidavits
§12:44 Trial Court Must Hold a Hearing
§12:45 Grounds to Prevail on Motion
IV. Speedy Trial
Rights
A. Speedy Trial
Motions
§12:50 Statutory Law
§12:51 Texas Speedy Trial Act Is Unconstitutional
§12:52 Timing to Assert the Right
§12:53 Necessary Proof
§12:54 Remedy Is Dismissal
B. Right to Speedy
Indictment
§12:60 Statutory Law
§12:61 Motion Must Be Filed Before Indictment
§12:62 Continuance Does Not Require Good Cause
§12:63 Trial Court May Dismiss Case
§12:64 Defendant May Still Be Prosecuted
C. Mandamus as Aid
to Speedy Trial Rights
§12:70 Defendant May Petition for Writ of Mandamus
§12:71 Mandamus Not Appropriate for Speedy Trial Violations
D. Interstate
Agreement on Detainers
§12:80 Statutory Law
§12:81 Burden of Proof
§12:82 Remedies
V. Entrapment
§12:90 Statutory Law
§12:91 General Points
§12:92 Test for Entrapment
VI. Joinder and
Severance
§12:100 Statutory Law
§12:101 General Points
§12:102 Timeliness
VII.
Identification Challenges
§12:110 General Points
VIII. Testimony
Free of Impeachment
§12:120 Statutory Law
§12:121 General Points
§12:122 Test for Admissibility
IX. Polygraph
Examinations
§12:130 Statutory Law
§12:131 General Points
X. The Insanity
Defense
§12:140 Statutes on Raising the Defense
§12:141 Notice and Good Cause for Defense
§12:142 Statutes on Compelling an Examination of Defendant
§12:143 Court May Compel an Examination
XI.
Transcription by Court Reporter
§12:150 Statutory Law
§12:151 Recording Bench Conferences
XII.
Interpreters
§12:160 Statutory Law
§12:161 Non-English Speaking Defendant Is Entitled to an Interpreter
XIII. Protecting
Defendant From Law Enforcement Contact
§12:170 Statutory Law
§12:171 General Points
XIV. Intent to
Seek Enhancement of Punishment
§12:180 Prior Conviction Enhancement
§12:181 Deadly Weapon Finding
§12:182 Hate Crime Finding: Statutory Law
§12:183 Hate Crime Finding: State Should Give Written Notice
XV.
Fingerprinting and Physical Examinations
§12:190 Fingerprinting Is Allowable and Admissible
§12:191 Physical Examinations
XVI. Forms
Form 12-1 Motion to Allow Additional Pre-Trial Motions
Form 12-2 Motion for Pre-Trial Hearing
Form 12-3 Motion to Quash Indictment
Form 12-4 Motion to Quash Indictment (Lack of Specificity of
Deadly Weapon Allegation)
Form 12-5 Brief in Support of Motion to Quash Indictment Based on
Statute of Limitations
Form 12-6 Motion to Amend Charging Instrument
Form 12-7 Change of Venue Motion
Form 12-8 Change of Venue Affidavit
Form 12-9 State’s Controverting Motion
Form 12-10 State’s Controverting Affidavit
Form 12-11 Motion for Speedy Trial
Form 12-12 Motion to Dismiss for Denial of Constitutional Right to
Speedy Trial
Form 12-13 Motion to Dismiss for Denial of Speedy Indictment
Form 12-14 Waiver of Speedy Indictment
Form 12-15 Petition for Writ of Mandamus
Form 12-16 Motion to Dismiss Due to Delay Under Interstate
Agreement on Detainers
Form 12-17 Motion to Dismiss Based on Entrapment
Form 12-18 Motion for Severance of Counts
Form 12-19 Brief in Support of Motion for Severance of Counts
Form 12-20 Motion for Severance of Defendants’ Cases
Form 12-21 State’s Motion to Consolidate
Form 12-22 Motion to Suppress In-Court Identification
Form 12-23 Motion to Testify Free of Impeachment
Form 12-24 Brief in Support of Motion to Testify Free of
Impeachment by Prior Convictions
Form 12-25 Motion for Polygraph Examination
Form 12-26 Motion to Admit Polygraph Test Results
Form 12-27 Notice of Insanity Defense
Form 12-28 State’s Motion to Order Defendant to Submit to Mental
Status Examination and
Alternative Motion to Exclude Defendant’s Mental Status Evidence
Form 12-29 Motion for Court Reporter to Make Complete Record
Form 12-30 Motion for Interpreter
Form 12-31 Motion for Court Order Protecting Defendant From Law
Enforcement Contact
Form 12-32 State’s Notice of Intent to Seek Enhanced Punishment
Form 12-33 State’s Notice of Intent to Seek Deadly Weapon Finding
Form 12-34 State’s Notice of Intent to Seek Hate Crime Finding
Form 12-35 State’s Motion to Fingerprint Defendant
Form 12-36 Motion to Compel Physical Examination of Defendant
Chapter 13: Discovery
Motions
I. Basic
Discovery Motions
A. General Motions
§13:01 Statutory Law
§13:02 General Points
§13:03 Item Must Be Material
§13:04 Specific Discovery Motions
B. Exculpatory and
Mitigating Evidence (Brady)
§13:10 Statutory Law
§13:11 State Must Provide Exculpatory Evidence
§13:12 State Must Provide Impeachment Evidence
§13:13 Failure Violates Due Process
C. Crime Stoppers
Information
§13:20 Statutory Law
§13:21 Defendant Has a Right to Crime Stoppers Information
§13:22 Procedure;
In Camera Review
D. Victim Impact
Statements
§13:30 Statutory Law
§13:31 Defendant’s Right to the Statement
§13:32 Defendant Must Request the Statement
II. Requests for
Notice of Intention to Introduce Evidence
A. General Points
§13:40 Defendant Must Request Notice
§13:41 Request Must Be Timely
B. Punishment
Evidence
§13:50 Statutory Law
§13:51 Defendant Must Request Notice
C. Extraneous
Offenses
1. General Cases
§13:60 Statutory Law
§13:61 Evidence Rule Applies Only to Guilt Phase
2. Child Abuse
Cases
§13:70 Statutory Law
§13:71 Defendant Must Request Notice
§13:72 Request Must Cite Art. 38.37
D. Impeaching
Information
§13:80 Statutory Law
§13:81 Case Law
E. Certified
Documents and Business Records
§13:90 Statutory Law
§13:91 Case Law
III. Requests
for Evidence or Information
A. Punishment
Evidence
§13:100 Motion to Discover Punishment Evidence
B. Witness
Information
1. Identity and
Criminal History
§13:110 Motion to List State’s Witnesses
§13:111 State May Be Required to Disclose Criminal Records of
Witnesses
2. Witness
Statements
§13:120 Statutory Law
§13:121 Prosecutor Must Produce Witness Statements
§13:122 Procedure for Production of Witness Statements
3. Preserving
Officers’ Personal Notes
§13:130 Statutory Law
§13:131 Burden of Proof
4. Depositions of
Witnesses
§13:140 Statutory Law
§13:141 Statute Requires an Affidavit
§13:142 Defendant Must Show Good Reason
5. Discovering
Prior Testimony
a. Grand Jury
Testimony
§13:150 Statutory Law
§13:151 Defendant Must Show Special Reason or Particularized Need
b. Previous Trial
Testimony
§13:160 Defendant’s Previous Mistrial
§13:161 Third-Party Trials
§13:162 Procedure
6. Agreements Made
With a Witness
§13:170 State Must Disclose Promises
§13:171 Failure to Disclose Is a Denial of Due Process
C. Expert Witness
Information
1. Disclosure of
Expert Witnesses
§13:180 Statutory Law
§13:181 Court May Order Any Party to Disclose Experts
§13:182 Order Is Discretionary With the Court
§13:183 Procedure for Disclosure
2. Voir Dire of
Expert Witness
§13:190 Statutory Law
§13:191 Party Is Entitled to Voir Dire Expert Witness
§13:192 Timeliness of Request
§13:193 Preservation of Error
IV. Expert and
Investigative Assistance
A. Expert Witness
Assistance
§13:200 Statutory Law
§13:201 Defendant Has a Right to an Expert
§13:202 Defendant Must Show Compelling Need
B. Investigative
Assistance
§13:210 Statutory Law
§13:211 Investigative Expenses Are Within the Discretion of the Court
§13:212 Record Must Show Specific Need
V. Public
Information Act Requests
§13:220 Statutory Law
§13:221 Public Is Entitled to Information
§13:222 Statute Contains Specific Exceptions
VI. Forms
Form 13-1 General Motion for Discovery
Form 13-2 Motion for Discovery and Preservation of Specific
Evidence
Form 13-3 Motion Requesting the Prosecution to File a List of
Physical Evidence
Form 13-4 Defendant’s Motion for Duplicate Photographs
Form 13-5 Defendant’s Motion for Discovery and Preservation of
Specific Evidence Relating to
Canine Drug Search
Form 13-6 Motion for Exculpatory and Mitigating Evidence
Form 13-7 Motion for Discovery of Crime Stoppers In Formation
Form 13-8 Defendant’s Brief in Support of Motion to Discover Crime
Stoppers Evidence
Form 13-9 Motion for Discovery of Victim Impact Evidence
Form 13-10 Request for Notice of State’s Intention to Introduce
Punishment Evidence Pursuant
to Art. 37.07
Form 13-11 Request for Notice of State’s Intention to Offer
Extraneous Offenses Pursuant to
Rule 404(b)
Form 13-12 Request for Notice of Extraneous Offenses in Child
Abuse Case
Form 13-13 Request for Notice of State’s Intention to Introduce
Evidence of Impeachment
Form 13-14 Request for Notice of State’s Intention to Use
Certified Copies of Official
Documents or Business Records
Form 13-15 State’s Answer to Defendant’s Request for Notice
Form 13-16 Motion for Discovery of Punishment Evidence
Form 13-17 Defendant’s Brief in Support of Motion to Discover
Punishment Evidence
Form 13-18 Motion to List State’s Witnesses (All Persons
Contacted)
Form 13-19 State’s Answer to Defendant’s Motion to List Witnesses
Form 13-20 Motion to Discover Criminal History of State’s
Witnesses
Form 13-21 Motion to Produce Witnesses’ Statements
Form 13-22 Motion to Require Police to Maintain Personal Notes
Form 13-23 State or Defendant’s Application to Take Deposition of
Witness
Form 13-24 Motion for Discovery of Grand Jury Testimony
Form 13-25 Motion for Transcript of Defendant’s Previous Trial
Form 13-26 Motion for Transcript of Co-Defendant’s Trial
Form 13-27 Motion to Reveal Agreement With Witness
Form 13-28 (State or Defendant’s) Motion Requesting Disclosure of
Expert Witnesses
Form 13-29 Designation of Expert Witness
Form 13-30 Motion to Allow
Voir Dire of Expert Witness Pursuant to Rule 705(b) Texas
Rules of Evidence
Form 13-31 Motion for Approval of Expert Witness Expenses
Form 13-32 Motion for Independent Forensic Testing
Form 13-33 Motion for Defendant’s Access to Physical Evidence
Form 13-34 Motion for Approval of Funds for Court-Appointed
Investigator
Form 13-35 Public In Formation Act Letter Request
Chapter 14: Jury
Selection and Voir Dire
I. Challenging
the Venire
§14:01 Statutory Law
§14:02 Grounds for Challenge
§14:03 Burden of Proof
§14:04 Procedure for Challenge
II. Attaching
Absent Veniremen
§14:10 Statutory Law
§14:11 Defendant’s Burden of Proof
§14:12 Procedure for Motion
III.
Disqualified and Disabled Veniremen
A. Absolutely
Disqualified Jurors
§14:20 Statutory Law
§14:21 Grounds for Disqualification
§14:22 Waiver of Grounds
§14:23 Conviction as a Ground for Disqualification
§14:24 Pending Case as a Ground for Disqualification
§14:25 Insanity as a Ground for Disqualification
§14:26 Other Grounds for Disqualification
B. Disabled Jurors
§14:30 Statutory Law
§14:31 Juror Must Be Unable to Perform as a Juror
IV. Shuffling
the Venire
§14:40 Statutory Law
§14:41 Procedure for Motion to Shuffle
§14:42 Right to Reshuffle
V. Jury
Questionnaires
§14:50 Questionnaires Are Important
VI. Conducting
Voir Dire
A. Additional Time
to Conduct Voir Dire
§14:60 Time Limits Are Within Discretion of the Court
§14:61 Factors for Abuse of Discretion
§14:62 Procedure to Preserve Error
B. Seeking
Additional Peremptory Challenges
§14:70 Statutory Law
§14:71 Procedure to Preserve Error
VII. Assembling
a Special Venire
§14:80 Statutory Law
VIII.
Instructions to Jurors for Note-Taking
§14:90 Arguments Against Note-Taking
§14:91 Arguments in Favor of Note-Taking
IX. Forms
Form 14-1 Challenge to the Array
Form 14-2 Motion for Attachment of Absent Veniremen
Form 14-3 Order to Attach Venireman
Form 14-4 Motion to Disqualify Veniremen
Form 14-5 Motion to Excuse Disabled Juror
Form 14-6 Motion to Shuffle Jury
Form 14-7 Juror Questionnaire; Non-Capital Cases
Form 14-8 Jury Questionnaire; Capital Cases
Form 14-9 Motion to Submit Jury Questionnaire
Form 14-10 Defendant’s Brief in Support of Motion to Submit Jury
Questionnaire
Form 14-11 Motion for Additional Time to Conduct Voir Dire
Form 14-12 Defendant’s Brief in Support of Motion for Additional
Time to Conduct Voir Dire
Form 14-13 Motion for Additional Peremptory Challenges
Form 14-14 Peremptory Challenge Submission
Form 14-15 Peremptory Challenge Tally Form for Capital Cases
Form 14-16 Defendant’s Motion for Special Venire
Form 14-17 Writ to Summon Special Venire
Form 14-18 Writ to Serve Defendant Jury List
Form 14-19 Jury Instruction on Note-Taking (Upon Impaneling)
Form 14-20 Jury Instruction on Note-Taking (For Jury Charges)
Chapter 15: Trial
Motions
I. Waiver of
Jury Trial
§15:01 Statutory Law
§15:02 Right to Waive Trial by Jury
§15:03 Waiver May Be Withdrawn
II. Waiver of
Indictment
§15:10 Statutory Law
§15:11 Waiver Must Be Intentional
III. Competency
of Defendant
§15:20 Statutory Law
§15:21 Incompetent Person Is Not Subject to Trial
§15:22 Trial Court Must Inquire into Competence
IV. Written
Guilty Plea Admonishments
§15:30 Statutory Law
§15:31 Admonishment Is Mandatory
V. Pleas in Bar
§15:40 Statutory Law
§15:41 Defendant May Admit to Unadjudicated Offense
VI. Motions to
Dismiss
§15:50 Statutory Law
§15:51 Generally Requires State’s Consent
§15:52 Subsequent Indictments
VII. Recusal and
Disqualification
§15:60 Statutory Law: Recusal
§15:61 Statutory Law: Disqualification
§15:62 Difference Between Recusal and Disqualification
§15:63 Recusal
§15:64 Disqualification
VIII. Challenges
Under the Statute of Limitations
§15:70 Statutory Law
§15:71 Purpose of the Statute of Limitations
§15:72 Procedure to Assert the Statute of Limitations
IX. Motions for
Continuance
§15:80 Statutory Law
§15:81 Motion Is Within Discretion of Court
§15:82 Motion Must Be Written and Sworn
§15:83 Equitable Motions
§15:84 Missing Witness as a Ground
§15:85 Unexpected Event as a Ground
§15:86 Preserving Error and Establishing Abuse of Discretion
X. Clothing and
Physical Restraint of Defendant
§15:90 Restraints Require Exceptional Circumstances
§15:91 Record Should Reflect Reasons
XI.
Motions in Limine
§15:100 Motion Is Outside the Jury’s Presence
§15:101 Ruling Is Preliminary
XII. Competency
of Witnesses
§15:110 Rules of Evidence
§15:111 Issue Is Discretionary With the Court
§15:112 Burden Is on Opponent of Testimony
§15:113 Elements for Consideration
XIII. The Rule
(Exclusion of Witness)
§15:120 Statutory Law
§15:121 Purpose of The Rule
§15:122 Witness Cannot Hear Testimony
§15:123 Witness Excluded Unless Exception Applies
§15:124 Balancing Test
§15:125 Appellate Review
XIV.
Stipulations of Evidence
§15:130 Statutory Law
§15:131 Situations When Stipulations Are Necessary
§15:132 Stipulation Is an Agreement to Waive Cross-Examination
§15:133 Art. 1.15 Applies Only in Felony Trials
§15:134 Court Must Approve Defendant’s Consent
XV. Limiting
Instructions
A. General Points
§15:140 Rules of Evidence
§15:141 Purpose and Procedure
§15:142 Court Gives Instruction on Proper Request
§15:143 Limiting to Particular Purpose
§15:144 Burden to Request a Limiting Instruction
§15:145 Timing of Request of Limiting Instructions
§15:146 Failure to Request Limiting Instruction
§15:147 When Limiting Instruction Not Required
§15:148 Effect of Failure to Give a Properly Requested Limiting
Instruction
B. Specific
Limiting Instructions
§15:150 Admission of Extraneous Offenses
§15:151 Extraneous Offenses in Child Abuse Cases
§15:152 Extraneous Offenses Admitted in Rebuttal
§15:153 Prior Convictions Admitted for Jurisdictional Purposes
§15:154 Extraneous Offense Admitted for Impeachment of Character or
Reputation Witness
§15:155 Extraneous Offense Admitted at Punishment
§15:156 Impeachment With Inconsistent Statement
§15:157 Prior Conviction Admitted for Impeachment
§15:158 Hearsay Evidence Admitted
§15:159 Demonstrative Evidence Admitted
C. Other Situations
§15:170 Joint Trials of Counts and Defendants
§15:171 Transcript Used by Jury
§15:172 Underlying Data Admitted
§15:173 Hypnotically Enhanced Testimony Admitted
XVI. Request for
Judicial Notice
§15:180 Rules of Evidence
§15:181 General Points
§15:182 Adjudicative Facts
§15:183 Legislative Facts
XVII. Subpoena
and Attachment
A. Subpoena
§15:190 Statutory Law
§15:191 General Points
§15:192 Subpoena Duces Tecum
§15:193 Quashing a Subpoena
B. Subpoena for
Out-Of-State Witness
§15:200 Statutory Law
§15:201 Texas Has Adopted the Uniform Act
§15:202 Burden and Evidence
C. Attachment of a
Witness
§15:210 Statutory Law
§15:211 General Points
§15:212 Procedure
D. Attachment for
Convict Witness
§15:220 Statutory Law
§15:221 Movant Must Establish That Testimony Would Be Material
XVIII. Motion for
Mistrial
§15:230 Statutory Law
§15:231 General Points
§15:232 Procedure
XIX. Motion for
Instructed (Directed) Verdict
§15:240 Challenging a Denial of a Motion for Instructed Verdict
XX. Election of
Counts
§15:250 Statutory Law
§15:251 General Points
§15:252 Defendant May Waive Objection
XXI. Objections
to Court’s Charge
§15:260 Statutory Law
§15:261 General Points
§15:262 Procedure
XXII. Request
for Special Jury Charges
§15:270 Statutory Law
§15:271 No Objection Required
§15:272 Requested Instruction Need Not Be Perfect
§15:273 Timeliness
XXIII. Jury
Management
A. Note-Taking and
Use of Transcript
§15:280 Note-Taking Instruction
§15:281 Use of Transcript
B. Separation of
Jurors During Deliberations
§15:290 Statutory Law
§15:291 General Points
§15:292 Error Subject to Harmless Error Analysis
C. Polling the Jury
§15:300 Statutory Law
§15:301 General Points
§15:302 Procedure
D. Release of Juror
Information
§15:310 Statutory Law
§15:311 General Points
§15:312 Establishing Good Cause
XXIV. Forms
Form
15-1 Written Waiver of Jury Trial
Form 15-2 Waiver of Indictment
Form 15-3 Motion for Competency Examination
Form 15-4 Written Guilty Plea Admonishments
Form 15-5 Plea in Bar
Form 15-6 State’s Motion to Dismiss
Form 15-7 Motion for Recusal of Trial Judge
Form 15-8 Motion Concurring in Motion to Recuse Trial Judge
Form 15-9 Order of Referral to Presiding Administrative Judge
Form 15-10 Motion for Disqualification of Trial Judge
Form 15-11 Motion Concurring in Motion for Disqualification of
Trial Judge
Form 15-12 Order of Referral to Presiding Administrative Judge
Form 15-13 Motion to Dismiss Under Statute of Limitations
Form 15-14 Petition for Writ of Habeas Corpus Under Statute of
Limitations
Form 15-15 Motion for Continuance
Form 15-16 Motion for Defendant to Appear in Personal Clothing and
Without Restraints
Form 15-17 Defendant’s
Motion in Limine
Form 15-18 State’s
Motion in Limine
Form 15-19 Motion to Determine Competence of Witness
Form 15-20 Motion Invoking the Rule
Form 15-21 Motion to Exclude Witness From the Rule
Form 15-22 Motion to Exclude Testimony of Witness Based on
Violation of the Rule
Form 15-23 Defendant’s Brief in Support of Motion to Exclude
Testimony of Witness Based on
Violation of the Rule
Form 15-24 Waiver and Consent to Stipulate Evidence
Form 15-25 Limiting Instruction for Rule 404(b) Evidence
Form 15-26 Defendant’s Brief in Support of Motion for Limiting
Instruction
(Extraneous Offenses)
Form 15-27 Limiting Instruction for Extraneous Offenses in Child
Abuse Cases
Form 15-28 Limiting Instruction for Extraneous Offenses Admitted
in Rebuttal
Form 15-29 Limiting Instruction for Prior Convictions Admitted for
Jurisdictional Purposes
Form 15-30 Limiting Instruction Where Extraneous Offense Admitted
for Impeachment of
Character or Reputation Witness
Form 15-31 Limiting Instruction for Extraneous Offense Admitted at
Punishment
Form 15-32 Limiting Instruction for Impeachment With Inconsistent
Statement
Form 15-33 Limiting Instruction Where Defendant Impeached With
Prior Conviction
Form 15-34 Limiting Instruction Where Witness Impeached With Prior
Conviction
Form 15-35 Motion for Limiting Instruction (Hearsay Evidence)
Form 15-36 Motion for Limiting Instruction (Demonstrative
Evidence)
Form 15-37 Motion for Limiting Instruction (Beginning Joint Trial)
Form 15-38 Motion for Limiting Instruction (Separate Evidence)
Form 15-39 Motion for Limiting Instruction (Multiple Indictments)
Form 15-40 Motion for Limiting Instruction (Multiple Indictments,
Separate Evidence)
Form 15-41 Motion for Limiting Instruction (Use of Transcript)
Form 15-42 Motion for Limiting Instruction (Underlying Data)
Form 15-43 Motion for Limiting Instruction (Hypnotically Enhanced
Testimony)
Form 15-44 Motion for Judicial Notice
Form 15-45 Application for Subpoena
Form 15-46 Subpoena
Form 15-47 Motion to Quash Subpoena
Form 15-48 Motion to Quash Subpoena Duces Tecum
Form 15-49 Defendant’s Brief in Support of Motion to Quash
Subpoena Duces Tecum
Form 15-50 Application for Subpoena for Out-of-State Witness
Form 15-51 Motion for Attachment for a Witness
Form 15-52 Attachment for a Witness
Form 15-53 Motion for Attachment for Convict Witness
Form 15-54 Attachment for Convict Witness
Form 15-55 Motion for Mistrial
Form 15-56 Motion for Instructed (Directed) Verdict
Form 15-57 Motion for Election Between Counts
Form 15-58 Motion for State to Elect Between Acts
Form 15-59 Objection to Court’s Charge
Form 15-60 Motion for Requested Jury Instruction
Form 15-61 Motion to Instruct Jury on Note-Taking
Form 15-62 Motion to Instruct Jury on Use of Transcript
Form 15-63 Objection to Separation of Jury During Deliberations
Form 15-64 Waiver of Objection to Separation of Jury or Written
Inquiries
Form 15-65 Motion for Poll of Jury
Form 15-66 Motion for Release of Juror In Formation
Form 15-67 Defendant’s Brief in Support of Motion for Release of
Jury In Formation
Chapter 16: Evidence
I. Business
Records
§16:01 Rules of Evidence
§16:02 Rules of Civil Procedure
§16:03 In General
§16:04 Self-Authentication
§16:05 Requirements of Affidavit
II. Certificate
of Analysis
§16:10 Statutory Law
§16:11 General Points
III. Chain of
Custody Affidavit
§16:20 Statutory Law
§16:21 General Points
IV. Forensic
Examination
§16:30 Statutory Law
V. Preserving
Evidence
§16:40 Statutory Law
§16:41 General Points
VI. Statements
Inculpating Co-Defendant
§16:50 General Points
VII. Testimony
From Inmate by Electronic Means
§16:60 Statutory Law
§16:61 General Points
VIII. Forms
Form 16-1 Notice of Intent to Introduce Business Records
Through Affidavit
Form 16-2 Business Records Affidavit
Form 16-3 Art. 38.41 Certificate of Analysis
Form 16-4 Notice of Intent to Use Certificate of Analysis
Form 16-5 Objection to Use of Certificate of Analysis at Trial
Form 16-6 Chain of Custody Affidavit
Form 16-7 Notice of Intent to Use Chain of Custody Affidavit at
Trial
Form 16-8 Objection to Use of Chain of Custody Affidavit at Trial
Form 16-9 Motion to Suppress Evidence of Forensic Analysis
Form 16-10 Brief in Support of Pre-Trial Motion to Suppress
Forensic Testing
Form 16-11 Motion for Preservation of Evidence
Form 16-12 Defendant’s Brief in Support of Motion for Preservation
of Evidence
Form 16-13 Notice of Destruction of Evidence
Form 16-14 Waiver of Preservation of Evidence
Form 16-15 Statement Inculpating Co-Defendant
Form 16-16 Motion for Inmate to Testify by Electronic Means
Chapter 17: Child
Abuse Cases
I. Designation
of Primary Offense
§17:01 General Points
§17:02 Defendant Is Entitled to Notice of Specific Act
§17:03 State May Be Required to Elect Primary Act
II. Quashing
Child Abuse Indictments
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