CAUSE NO. 1761833

STATE OF TEXAS				§		IN THE COUNTY CRIMINAL COURT

VS.						§		AT LAW NO. 5

******************				§		HARRIS COUNTY, TEXAS

	MOTION FOR THEUS HEARING
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now, ***************, the Defendant, through the undersigned lawyer, and files this motion for a Theus hearing and would show as follows:
1.	Theus v. State, 845 S.W.2d 874 (Tex.Cr.App. 1993) requires the trial court to consider the factors set forth in Theus before permitting impeachment of a witness with prior convictions. These factors are: 
(1) impeachment value of the prior crime – the impeachment value of crimes involving deception is higher than crimes involving violence as the latter have a higher potential for prejudice; 
(2) temporal proximity between the prior and present offense -- a recent conviction demonstrates a propensity for law-breaking and weighs in favor of admission; 
(3) the similarity between the two offenses -- similarity militates against admission; 
(4) the importance of the Defendant’s testimony; and 
(5) the importance of the credibility issue. This escalates when the case involves the testimony of only the Accused and the State’s witnesses.
	WHEREFORE PREMISES CONSIDERED, it is requested that the Court conduct a Theus hearing and determine which, if any of the Defendant’s prior convictions are admissible for impeachment.

Respectfully submitted,
	
							THE THIESSEN LAW FIRM
						
						By:	______________________________
							MARK RYAN THIESSEN
							Texas Bar No. 24042025
							1017 Heights Boulevard 										Houston, Texas  77008
							Tel:  (713) 864-9000
							Fax: (713) 864-9006

						ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

	This is to certify that the foregoing motion was personally served on counsel for the State on the ___ day of August, 2012.
							
______________________________
							MARK RYAN THIESSEN

CAUSE NO. 1761833

STATE OF TEXAS				§		IN THE COUNTY CRIMINAL COURT

VS.						§		AT LAW NO. 5

******************				§		HARRIS COUNTY, TEXAS

ORDER
On this the ____ day of __________________________, 2011, came on to be heard the Defendant’s Theus Motion and the Court after conducting a hearing and considering the factors set forth in Theus rule that the following convictions are inadmissible: __________________________________________________________
_________________________________________________________________, and the following convictions are admissible: _____________________________________
_____________________________________________________________________.

________________________________
Judge Presiding