NO. 

STATE OF TEXAS	§	IN THE COUNTY COURT	
	§		
vs.	§	AT LAW NUMBER FOUR (4)	
	§		
	§	MONTGOMERY COUNTY, TEXAS	

MOTION TO COMPEL 
INSPECTION OF BLOOD KIT

TO THE HONORABLE JUDGE OF SAID COURT:

	Now comes _______________________, Accused Citizen in the above entitled and numbered cause, by and through undersigned counsel, and makes this Motion To Compel Inspection of Blood Kit, and, for good cause shows the following:
I.
	On September 13, 2012, this Honorable Court signed an order ordering the Conroe Police Department to “afford counsel for the defense, his staff and/or investigator the opportunity to view, photograph and inspect the blood kit in this case, at a mutually agreed upon date and time.”
	With the assistance of the Montgomery County District Attorney’s Office, Defense Counsel was able to go to the Conroe Police Department in order to inspect the blood kit in this case.  However, he was only allowed to view and photograph the outside of the blood kit box.  Defense Counsel was not allowed to inspect or view any of the interior or contents of the blood kit.  The Conroe Police Department refused to allow the box to be opened or the contents of the box to be thoroughly inspected.  The evidence technician explained that because the kit was sealed with evidence tape from the lab, not Conroe Police Department Evidence Tape, they would not break that tape to allow inspection without instruction from a prosecutor.  Defense counsel has discussed this issue with the attorney for the state in this matter prior to the filing of this motion.   To date, the order that was signed on September 13, 2013 has not been complied with.
	II.
	Accused Citizen moves the Court to order the District Attorney and its agent, Conroe Police Department to allow a complete, and thorough inspection of the entire blood kit and contents that were used in this case at a mutually agreeable time and location but no longer than fourteen (14) business days from the date this order is signed.  Accused citizen moves this Court to order the District Attorney and its Agent, Conroe Police Department inspect and photograph the entire blood kit and its contents, including but not limited to the following:
1.	The exterior box;
2.	The interior of the box;
3.	All tubes and blood viles;
4.	All materials used to ship, pack, store, or otherwise transport the kit and any of its contents; and
5.	All refrigerators, lockers, or other locations that the kit may have been stored.
III.
	Accused Citizen requests this inspection pursuant to Art. 39.14 of the Texas Code of Criminal Procedure, the Due Process Clause of the 14th Amendment of the United States Constitution, Art. I, §§13 and 19 of the Texas Constitution; and the right to the effective assistance of counsel, the right to be informed of the nature of the accusation, the right of confrontation and cross-examination, the right to compulsory process as guaranteed by the Sixth Amendment of the United States Constitution, and Art. I, §10 of the Texas Constitution.
	WHEREFORE PREMESIS CONSIDERED, Accused Citizen requests that the Court compel and order the District Attorney’s Office and/or its Agent, the Conroe Police Department to allow inspection of the blood kit in this case as indicated in this motion.  Further, Accused Citizen requests this court to rule that any evidence described in this motion, or evidence derived from any evidence described in this motion be inadmissible in a trial on this case if this motion and order are not complied with.

							Respectfully Submitted,
							Law Office of L. Clay-Jackson, PLLC

							_______________________________
							Joshua Zientek
							SBN: 24063781
							1110 N. Loop 336 W. Suite 500
							Conroe, Texas 77301
							P: 936-760-2889
							F: 936-760-2892
							Lawyer for the Accused

CERTIFICATE OF SERVICE

	By signature above, I hereby certify that a true and correct copy of this motion was served on the District Attorney’s Office of Montgomery County by hand delivery on January 31, 2013.

ORDER FOR A SETTING

	On _______________, 2013, the Accused filed a Motion to Compel Inspection of Blood Kit. The Court finds that the Accused is entitled to a hearing on this motion and said hearing is scheduled for the ____ day of ____________, 2013.

							_______________________________
							Judge Presiding

NO. 
STATE OF TEXAS	§	IN THE COUNTY COURT	
	§		
vs.	§	AT LAW NUMBER FIVE (4)	
	§		
	§	MONTGOMERY COUNTY, TEXAS	

ORDER ON MOTION TO COMPEL 
INSPECTION OF BLOOD KIT

On this day came to be heard the Accused’s Motion to Compel Inspection of Blood Kit and said motion is hereby GRANTED. 
THE COURT ORDERS the District Attorney’s Office and its agent, the Conroe Police Department to allow counsel for the defense, his staff, his investigator, his expert, and his investigator to completely and thoroughly inspect and photograph the following:
1.	The exterior box;
2.	The interior of the box;
3.	All tubes and blood vials;
4.	All materials used to ship, pack, store, or otherwise transport the kit and any of its contents; and
5.	All refrigerators, lockers, or other locations that the kit may have been stored. 
	IT IS FURTHER ORDERED that this inspection shall occur at a mutually agreeable time or place but no later than 14 (fourteen) business days from the date this order is signed.  IT IS FURTHER ORDERED that if this order is not complied with fully, all evidence indicated in this motion shall be inadmissible in a trial on this case. IT IS FURTHER ORDERED, that if this order is not complied with fully, that any evidence or testimony derived from the evidence described in this motion shall be inadmissible in a trial on this case.

Signed this _____ day of _____________, 2013

								______________________________
								JUDGE PRESIDING