NO. (Cause No.)
THE STATE OF TEXAS
VS.
(Defendant's Name)
§
§
§
§
IN THE COUNTY CRIMINAL
COURT NO.
§
OF
DALLAS COUNTY, TEXAS
MOTION IN LIMINE REGARDING VOIR DIRE EXAMINATION
ON FIFTH AMENDMENT RIGHTS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Defendant, (Defendant's Name), and files this Motion in
Limine Regarding Voir Dire Examination by the State, and would respectfully
ask the Court to order the attorney for the State to refrain from making any
comment during the voir dire examination of the jury on the right of the
Defendant not to testify in a criminal case and, in support hereof, would show
the following:
I.
To allow such comment would effectively permit the attorney for the State
to comment upon the Fifth Amendment rights of the Defendant to not testify in
this case. Such comment would be a violation of the Fifth and Fourteenth
Amendments to the United States Constitution, Art. l, Sec. l0, of the Texas
Constitution, and Art. 38.08 of the Tex. Code of Crim. Proc.
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays
that the Court grant this Motion in all things.
MOTION IN LIMINE REGARDING VOIR DIRE EXAMINATION
ON FIFTH AMENDMENT RIGHTS - Page 1
Respectfully submitted,
____________________________________
(Attorney Name, Address, Bar Card No.)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the
foregoing Motion in Limine Regarding Voir Dire Examination on Fifth
Amendments Rights was forwarded to Mr. Bill HIll, Distirct Attorney, Frank
Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207
on this the ________ day of
, 200 .
____________________________________
(Attorney's Name)
MOTION IN LIMINE REGARDING VOIR DIRE EXAMINATION
ON FIFTH AMENDMENT RIGHTS - Page 2
ORDER
ON THIS the ________ day of
, 2002, came on to be heard the
foregoing Motion in Limine Regarding Voir Dire Examination on Fifth
Amendment Rights, and same is hereby GRANTED/DENIED, to which action
Defendant excepted.
____________________________________
JUDGE
MOTION IN LIMINE REGARDING VOIR DIRE EXAMINATION
ON FIFTH AMENDMENT RIGHTS - Page 3