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Capital Motions
Preliminary Motions | Client Care | Ex Parte | Discovery | Grand Jury | Constitutionality | Suppression | Mental Retardation | Mental Health | Limine | Petit Jury | Jury Charge | Sentencing | Miscellaneous
| Preliminary Motions |
| 1.1 Notice Of Filing In Compliance With The American Bar Association’s Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty (2003) |
1.2 Request That Defense Be Allowed To Occupy Counsel Table Nearest To The Jury Box |
1.3 Defense Motion To Occupy Counsel Table Nearest To Jury |
1.4 Motion For The Court To Direct The Court Reporter To Record Proceedings (Fact Specific) |
| 1.5 Defendant’s First Motion For Continuance Text | Microsoft Word |
| 1.6 Motion To Dismiss This Prosecution Or Preclude The Death Penalty Because, Due To Delay, Evidence Has Gone Missing, Important Witnesses Have Died, And Text | Microsoft Word |
| 1.7 Motion For Immunity For Potential Defense Witnesses Text | Microsoft Word |
| 1.8 Motion For Limited Daily Transcripts Text | Microsoft Word |
| 1.9 Motion To List Witnesses And Request For Criminal Histories (Fact Specific) Text | Microsoft Word |
| 1.10 Motion For Leave To File Additional Pre-Trial Motions (Fact Specific) Text | Microsoft Word |
| 1.11 Motion For Complete Recordation Of All Pre-Trial And Trial Proceedings Text | Microsoft Word |
1.12 Defendant’s Motion For A Restrictive Order Regulating News Accounts, Comments And Editorials Concerning Certain Circumstance Of The Case |
| 1.13 Motion To Adjourn At A Reasonable Time Text | Microsoft Word |
| 1.14 Motion To Preclude Uniformed Police Officers From Attending The Proceeding Agasint Mr. [Client] And Limit The Show Of Force In The Courtroom Text | Microsoft Word |
| 1.15 Motion To Preclude Mr. [Client] From Being Shackled In Public Text | Microsoft Word |
| 1.16 Motion To Require The Prosecution To Respond In Writing To Every Written Motion Filed By The Defense Text | Microsoft Word |
| 1.17 Defendant’s Motion To Require The State To Answer All Contested Pre-Trial Motions In Writing (Fact Specific) Text | Microsoft Word |
| 1.18 Objection To Court’s Proposed Schedule (Fact Specific) Text | Microsoft Word |
| 1.19 Motion To Preclude Uniformed Police Officers From Attending Proceedings Text | Microsoft Word |
1.20 Motion To Preserve Right To File Other Motions |
| 1.21 Request That Court Maintain Appropriate Decorum During Trial Text | Microsoft Word |
| 1.22 Motion To Require The State To Give Notice Of Any Intent To Seek The Death Penalty Text | Microsoft Word |
| 1.23 Defendant’s Assertion Of Rights Text | Microsoft Word |
| Client Care |
| 2.1 Motion To Allow Defendant To Appear At Pretrial Hearings And Trial In Civilian Clothes And Funds For Such Suitable Courtroom Attire Text | Microsoft Word |
3.1 Motion To Proceed Ex Parte |
3.A Counsel |
3.A.1 Motion For Payment Of Adequate Compensation To Court-Appointed Counsel |
3.A.2 Motion For Appointment Of Additional Counsel |
3.A.3 Motion For Appointment Of Appellate Counsel |
3.B Investigator |
3.C Mitigator |
3.C.1 Ex Parte, Sealed Funding Motion For Mitigation Specialist |
3.D Victim Outreach |
3.D.1 Verified, Ex Parte And Sealed Funding Motion For Defense-Based Victim Outreach Specialist |
3.E Experts |
3.E.1 Ex Parte, Sealed Funding Motion For Mental Health Expert (Psychologist) |
3.E.2 Ex Parte, Sealed Funding Motion For Expert Assistance (Classification Expert) |
3.E.3 Ex Parte, Sealed Funding Motion For Expert Assistance (Expert On Involuntary Confessions) |
3.E.4 Ex Parte Motion For Funds With Which To Retain Necessary Expert Assistance (Fact Specific) |
3.E.5 Ex Parte Motion For Funds With Which To Retain Expert Assistance Of A Statistician (Fact Specific) |
3.E.6 Ex Parte Motion For Reconsideration Of Defendant’s Motion For Funds With Which To Retain Expert Assistance Of A Statistician And For An Ex Parte Hearing (Fact Specific) |
3.E.7 Motion To Set Parameters For The Evaluation Of The Defendant By Dr. Tynus Mcneel, An Expert Witness Retained By The State To Rebut Psychological Or Psychiatric Testimony If Actually Offered By The Defendant |
4.1 Defendant’s Motion For Disclosure – Brady Material (Plea Offer) |
4.2 Defendant's Ex Parte Sealed Motion For An Order Compelling Production Of Cell Tower Records |
4.3 Motion For Discovery, Production, And Rule 702/705 Hearing |
4.4 Defendant’s Motion For Discovery And Inspection |
4.5 Motion For Discovery And Limiting Instructions To The Jury |
4.6 Defendant’s Motion For Discovery Of Experts |
4.7 Defendant’s Motion To Discovery State’s Extraneous And/Or Unadjudicated Acts Of Misconduct To Be Offered At Guilt Or Punishment |
4.8 Motion To Discover Prosecution’s Medical And Autopsy Reports (Fact Specific) |
4.9 Motion For The Production Of Witness Interview Notes |
4.10 Motion For Disclosure Of Any Possible Basis For Judicial Qualification Or Recusal |
4.11 Motion For Discovery, Production, And Inspection Of Evidence (Fact Specific) |
4.12 Motion For Equal Access To Background Information On Prospective Jurors (Fact Specific) |
4.13 Motion For In Camera Inspections (Fact Specific) |
4.14 Motion To Preserve Evidence |
4.15 Motion For Discovery And Inspection |
4.16 Motion For Preservation And Production Of Evidence (Fact Specific) |
4.17 Motion For Production Of Exculpatory, Impeachment And Mitigating Evidence (Fact Specific) |
4.18 Motion For Production Of Documents Relevant To Under-Representation Of Cognizable Groups In The Grand Jury In [County] County |
4.19 Motion For Production Of Documents Relevant To Under-Representation Of Cognizable Groups In The Grand Jury In Rusk County (Fact Specific) |
4.20 Motion To Discover The Portion Of The Defendant’s Statement Which The State Intends To Use At Time Of Trial |
4.21 Motion To List Exhibits To Be Offered In Both Phases Of Trial (Fact Specific) |
4.22 Defendant’s Notice Of Receipt Of Discovery |
4.23 Motion For Production Of Impeachment Evidence |
4.24 Sample Kyle’s Letter |
| Grand Jury |
| 5.1 Motion To Proceed Ex Parte Text | Microsoft Word |
| 5.2 Motion To Quash The Indictment Based On Discrimination In The Selection Of Grand Jurors And Grand Jury Forepersons (Fact Specific) Text | Microsoft Word |
| 5.3 Motion To Quash Indictment Based On Unconstitutional Statutory Provisions For The Selection Of Grand Juries Text | Microsoft Word |
| 5.4 Motion To Quash The Indictment And Challenge To The Composition Of Grand And Petit Juries Text | Microsoft Word |
| 5.5 Defendant’s Motion To Quash Indictment On Grounds That Sect. 19.03(A)(1) Tex. Penal Code Is Unconstitutional Text | Microsoft Word |
| 5.6 Preliminary Motion To Quash The Indictment On The Basis Of Discrimination And Systematic Exclusion In The Selection Of Grand Jurors For A Full Hearing On The Issue Text | Microsoft Word |
| 5.7 Defendant’s Motion To Quash Indictment On Grounds That Tex. Code Crim. Proc. Art. 37.071(2) Is Unconstitutional Text | Microsoft Word |
| Constitutionality |
6.1 Motion To Declare The “10-12” Rule Unconstitutional |
6.2 Motion Requesting The Court To Find Tex. Code Crim. Proc. Art 37.071 Sect. 2(F)(4) To Be Unconstitutional |
6.3 Memorandum In Support Of Motion To Preclude The Death Penalty As A Sentencing Option |
6.4 Motion To Declare Tex. Code Crim. Proc. Art. 37.071 Unconstitutional And For Other Relief |
6.5 Motion To Declare Texas Death Penalty Stature To Be Unconstitutional (Juror’s Inability To Predict Future Dangerousness) |
6.6 Motion To Declare The Capital Sentencing Statute Unconstitutional Because It Allows Juries To Decide Future Dangerousness Bases Solely On The Factors Of The Case |
6.7 Motion To Hold That Tex. Code Crim. Proc. Art. 37.01 Is Unconstitutional |
6.8 Motion To Hold Unconstitutional Tex. Code Crim. Proc. Art. 37.071 Sect. 2(E) And (F) – Failure To Require Mitigation Be Considered |
6.9 Motion To Hold Statutory Definition Of Mitigating Evidence Unconstitutional As Applied To Impose A “Nexus” Limitation, And To Grant Defendant’s Requested Clarifying Voir Dire, Instruction, Argument, And Motion In Limine. Tennard V. Dretke |
6.10 Motion To Declare Section 19:02-19:03 Texas Penal Code Unconstitutional |
6.11 Motion To Find That Tex. Code Crim. Proc. Art. 37.071 Sect. 2 (2)(B)(1) Is Unconstitutional (“Future Danger” Issue) |
6.12 Motion To Declare Article 37.071 § 2(A) Of The Texas Code Of Criminal Procedure Unconstitutional On Its Face (Fact Specific) |
6.13 Motion To Declare Article 37.071 § 2(B)(1) Of The Texas Code Of Criminal Procedure Unconstitutional On Its Face (Fact Specific) |
6.14 Motion To Declare Article 37.071 § 2(E) And (F) Of The Texas Code Of Criminal Procedure Unconstitutional On Its Face (Fact Specific) |
6.15 Motion To Declare Article 37.071 Of The Texas Code Of Criminal Procedure Unconstitutional Due To Unreliability (Fact Specific) |
6.16 Motion For Court To Find Art. 37.071 Of The Texas Code Of Criminal Procedure Unconstitutional As Applied To This Defendant |
6.17 Motion To Hold Unconstitutional Tex. Code Crim. Proc. Art. 37.071 Sec. 2(E) And (F) – Burden Of Proof |
| 6.18 Motion To Hold That Tex. Code Crim. Proc. Art. 37.01 Is Unconstitutional Text | Microsoft Word |
| 6.19 Motion To Impanel A Jury To Determine Whether The Defendant Is Mentally Retarded Text | Microsoft Word |
6.20 Motion To Precude Death As A Sentencing Option And To Impanel A Jury To Determine Whether Defendant Is A “Person With Mental Retardation |
6.21 Motion To Preclude The Death Penalty As A Sentencing Option |
6.22 Motion To Preclude The Death Penalty As A Sentencing Option (Selection Of Death Penalty Cases) |
6.23 Motion To Preclude Death Penalty As A Sentencing Option Due To Equal Protection Violations (Fact Specific) |
6.24 Motion To Preclude The Death Penalty Due To The Grand Jury’s Failure To Allege In The Indictment All Elements Necessary To Make The Defendant Death-Elligibe (Fact Specific) |
6.25 Motion To Preclude The Death Penalty As A Sentencing Option And To Declare Tex. Code Crim. Proc. Art. 37.071 Unconstitutional (Ring V. Arizona) |
6.26 Motion To Preclude The Death Penalty As A Sentecning Option And Declare 37.071 Unconstituional (Jones V. United States; Apprendi V. New Jersey; And Ring V. Arizona) |
6.27 Motion To Preclude The Death Penalty As A Sentencing Option (Unequal Funding) |
6.28 Motion To (1) Preclude The Death Penalty As A Sentencing Option; (2) To Preclude The Offer Of Certain Extraneous Offenses And (3) Evidence Of The Defendant’s Mental Illness To Justify A Sentence Of Death |
6.29 Motion To Preclude The Death Penalty As A Sentencing Option |
6.30 Motion To Preclude Death Penalty As A Sentencing Option, Or In The Alternative, To Quash The Indictment; Apprendi V. New Jersey / Ring V. Arizona / Blakely V. Washington / Bush V. Gore; Requests To Voir Dire / Requested Instructions / Motion In Limine, Related To Claims In This Motion |
6.31 Motion To Preclude The Death Penalty As Sentencing Option (Bush V. Gore) |
6.32 Motion To Preclude Prosecution From Seeking The Death Penalty |
| 6.33 Motion To Require Constitutional Incarceration Text | Microsoft Word |
| Suppression |
7.1 Motion To Suppress [Client Name]’S Records Illegally Obtained From Federally Assisted Substance Abuse Treatment Center |
7.2 Motion For Hearing On Admissibility Of Any Statement By Defendant Whether Written Or Oral Or Evidence Resulting From Same |
7.3 Motion To Suppress Due To The Violation Of The Health Insurance Portability And Accountability Act |
7.4 Motion For Identification Hearing Outside Presence Of Jury (Fact Specific) |
7.5 Motion To Prevent Improper Jury Argument By State |
7.6 Motion To Suppress Evidence And Statements (Fact Specific) |
7.7 Motion To Suppress Out-Of-Court And To Preclude In-Court Identifications |
7.8 Motion To Suppress Evidence Of The Identification Of The Defendant Made By The Eye Witness From A Line-Up Due To Suggestiveness Of The Identification Procedure And To Preclude In-Court Determination (Fact Specific) |
7.9 Motion To Preclude Admission Of Prejudicial Photographs |
7.10 Motion To Preclude The Offer Of Evidence Of Extraneous Offenses (Ring V. Arizona) |
7.11 Motion To Preclude Creation Of Snitch Testimony |
7.12 Motion To Prohibit Comment On The Weight To Be Given Or Credibility Of Testimony During Trial |
| Mental Retardation |
8.1 Defendant’s Motions And Additional Objections To Charge At Punishment Based Upon Atkins V. Virginia, 536 U.S. 304 (2002) |
8.2 Motion For Pre-Trial Determination Of Special Issue Of Mental Retardation |
8.3 Motion To Impanel A Jury To Determine Whether Defendant Is Mentally Retarded (Fact Specific) |
9.1 Motion For Order Clarifying The Meaning Of Competence To Stand Trial |
9.2 Motion To Require State To Identify Mental Health Expert And To Limit The Scope Of Examination And Other Relief |
10.1 Motion In Limine (Guarantee Of No Violence) |
10.2 Motion In Limine (Inconsistent Theories Of Prosecution) |
10.3 Motion In Limine (Victim Impact Type Evidence) |
10.4 Motion In Limine To Exclude Psychiatric Or Psychological Testimony Concerning Future Dangerousness |
10.5 Motion In Limine (Preclude Testimony About Violent Acts By Others) |
10.6 Motion For Order “In Limine” To Preserve The True And Correct Meaning Of “Probability” In The Future Dangerousness Instruction |
10.7 Motion In Limine No. One (Fact Specific) |
11.1 Motion To Allow Defendant To Voir Dire On Parole Law – 40 Year Minimum |
11.2 Motion To Impanel Separate Juries For Guilt/Innocence And Penalty Phase Of Capital Trial |
11.3 Motion To Voir Dire The Panel Summonsed As A Whole And Thereafter Interrogate The Members Of The Panel Individually |
11.4 Demand For Individual Voir Dire |
11.5 Jury Questionnaire |
11.6 Defendant’s Motion For A List Of Veniremen Summoned (Fact Specific) |
11.7 Motion For Special Venire (Fact Specific) |
11.8 Motion Seeking To Preclude Judicial Rehabilitation And Granting Improper Challenges For Cause |
11.9 Motion To Limit Jury Argument Of The State |
11.10 Motion To Restrict The Press From Filming The Jury (Fact Specific) |
11.11 Motion To Sequester The Jury |
11.12 Defendant’s Motion To Present Written Questions To The Venire |
11.13 Motion To Propound Specific Question To Venireman Regarding The Burden Of Proof On Special Issue – Mitigation |
11.14 Motion To Qualify The Panel Prior To Requiring The Defendant To Exercise His Preemptory Strikes (Fact Specific) |
11.15 Request For Jury List |
11.16 Motion To Propound Specific Questions To Veniremen Regarding The Burden Of Proof On Special Issue: Mitigation |
12.1 Motion To Preclude The Submission Of A § 8.04(B) Instruction On Voluntary Intoxication During The Punishment Phase |
12.2 Motion For Jury Instruction (Failure Of Jurors To Agree On Answers To Instructions) |
12.3 Requested Instruction To The Jury Regarding Residual Doubt As Mitigation |
12.4 Defendant’s Requested Jury Instruction Concerning The Definition Of “Criminal Acts Of Violence” |
12.5 Request For Jury Instruction (Proof Beyond All Doubt) |
12.6 Requested Instruction To The Jury To Answer The Final Question Affirmatively |
12.7 Defendant’s Requested Jury Instructions Concerning The “Future Danger” Issue |
12.8 Defendant’s Requested Jury Instructions Concerning The Use Of Human Evidence |
12.9 Defendant’s Requested Jury Instructions Regarding Parole From A Capital Life Sentence |
12.10 Motion For Order Prohibiting Use Of “No Sympathy” Instruction |
12.11Defendant’s Objections To The Charge At Punishment (Single Defendant, No Mr Issue, No A Re-Trial) |
12.12 Defendant’s Objections To The Charge At Punishment |
12.13 Defendant’s Objections To Penalty Phase Instructions To The Jury |
12.14 Request To Instruct The Jury Regarding Party Liability |
12.15 Defendant’s Requested Instructions To The Sentencing Jury |
13.1 Motion To Introduce The Defendant’s Statement Of Allocution, Free From Cross-Examination By The State, Reflecting His Remorse For The Offense |
13.2 Motion To Exclude Victim Impact/Character Evidence In Absence Of Specific Legislative Authority And To Exclude Such Evidence As Irrelevant To Texas Punishment Special Issues; Requests To Voir Dire/Requested Instructions/Motions In Limine, Related To Claims In This Motion |
13.3 Motion To Introduce The Testimony Of Defendant’s Family And Friends Regarding Their Feelings On The Prospect Of A Death Sentence And The Impact An Execution Would Have On Them |
13.4 Motion To Limit State’s Cross Examination Of Defendant To The Scope Of The Direct Examination By The Defense During Punishment Phase |
13.5 Defendant’s Amended Motion Regarding Victim Character/Impact Testimony After Mosley V. State |
13.6 Motion To Allow The Defense To Close Arguments On Mitigation |
13.7 Motion To Preclude The State From Offering Victim Impact Testimony |
13.8 Election Of Jury Punishment (Fact Specific) |
13.9 Defendant’s Motion For Life Without Parole As A Sentencing Option |
14.1 Input For Motion For New Trial, Punishment Issues Only |
14.2 Motion To Withdraw Pending Motions Filed By Previous Counsel For The Defendant |
14.3 Sealed Order (Authorizing Medical Expert Examiner’s Fee) (Fact Specific) |
14.4 Motion To Preserve Right To File Other Motions |
14.5 Motion To Preclude Prosecutorial Use Of Defendant’s Disability To Justify A Sentence Of Death Due To The Violation Of The American With Disabilities Act |
