CAUSE NO. 

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE ______________COURT
§
§	OF
§
§	________________ COUNTY, TEXAS

MOTION FOR IDENTIFICATION HEARING
OUTSIDE PRESENCE OF JURY

TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW,  Defendant in the above-styled and -numbered cause, and prior to the introduction of any testimony in said cause, advises the Honorable Court that he/she objects to the introduction of any testimony from any witness in this cause concerning any purported identification of the Defendant by any witnesses until such time as the Court has conducted a hearing out of the presence of the jury to determine what pretrial identification procedures were followed by the police department or by any of the witnesses to determine:
  1.	Whether or not the Defendant's right to counsel under the Sixth Amendment and the Fourteenth Amendment of the Constitution of the United States has in any way been violated, and
  2.	Whether or not any in-court identification by any witness has been in any way unfairly influenced by any police officer or anyone else in violation of the Due Process Clause of the Fourteenth Amendment.
	Defendant would further object to the introduction of any hearsay evidence of identification by any witness from any third party who may have been present at any line-up proceeding or photograph identification proceeding on the basis that the evidence would be hearsay and on the basis as set out above.
	Defendant further objects to any evidence of any identification of the Defendant, either by photograph or a line-up in that said evidence would not be admissible as it would have been obtained:
  1.	In violation of the Defendant's right to counsel under the Sixth and Fourteenth Amendments of the Constitution of the United States of America, there being no waiver of counsel, and
  2.	The introduction of said testimony would be cumulative and would serve only to bolster a witness whose identification of this Defendant has not been impeached by showing contradictory testimony as to the identification of this Defendant.
	WHEREFORE, Defendant prays that this Honorable Court grant this motion, excuse the jury and hear evidence of any pretrial identification procedure involving any of the identification witnesses and any police officer who has investigated same.  Defendant also respectfully requests leave of this Court to refer to this motion during the trial of this cause so as to avoid the necessity of repeating the foregoing objection in the presence of the jury.

Respectfully submitted,

By:                                                     

CERTIFICATE OF SERVICE
	This is to certify that a true and correct copy of the above and foregoing Motion was hand-delivered or mailed, postage prepaid, to the CrimDA/CtyAtty of County, Texas on the _____ day of ____________, 200__.

                                                          

CAUSE NO. 

THE STATE OF TEXAS

V.

DEFENDANT

§	IN THE ______________COURT
§
§	OF
§
§	____________ COUNTY, TEXAS

O R D E R

	On this day, prior to the introduction of any testimony by the State of Texas, the foregoing Motion was presented to the Court and said Motion is hereby: 
	         	GRANTED; or
	         	DENIED, to which Defendant excepts.

	SIGNED                                                                  , 200__.

						                                                                      
						JUDGE PRESIDING