NO. 

THE STATE OF TEXAS	§		IN THE ___________COURT
§
V.	§		OF
§
______________________	§		______________COUNTY, TEXAS

MOTION FOR ORDER PERMITTING DEFENSE
TO EXAMINE SCENE OF OFFENSE

TO THE HONORABLE JUDGE OF SAID COURT:
	Defendant, by and through his/her attorney of record, moves this Court for an order permitting a defense inspection of the scene of the offense that is the subject of this prosecution, and in support of this motion shows:
I.
	On ________________, an indictment was filed in this case charging the Defendant with the offense of ______________.
II.
	Subsequent to the date of the alleged offense, law enforcement officers had an opportunity to examine the scene of the alleged offense at _______________, for the purpose of gathering evidence that could later be used against the Defendant in this prosecution.
III.
	On _________________, counsel for Defendant requested permission from the District Attorney to inspect the premises described above.  Said permission was denied.

 	IV.
	Defendant anticipates that the State will present crucial witnesses who will give testimony concerning the physical description of the interior of the premises described above in an effort to secure a conviction in this cause.  The failure to permit the defense to examine this location will prevent the Defendant from effectively cross-examining these witnesses and will thus violate the Defendant's right to the effective assistance of counsel, as well as the right to a fair trial and due process of law as guaranteed by the Federal and State Constitutions and the Code of Criminal Procedure.
	WHEREFORE, the Defendant prays the Court grant this motion and issue an order compelling the District Attorney to allow the defense to examine the premises at _______________.
Respectfully submitted,

By:                                                                  

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the above and foregoing has been hand-delivered to the District Attorney of _____________County, Texas, on _____________, 200__.

NO. 

THE STATE OF TEXAS	§		IN THE 
§
V.	§		OF
§
§		 COUNTY, TEXAS

ORDER SETTING HEARING

	IT IS ORDERED that a hearing to consider the Defendant's "Motion for Order Permitting Defense to Examine Scene of Offense" is set for                                                           , 20             , at                           .m. in the courtroom of the                 District Court of  County, Texas.
	The District Attorney is ORDERED to inform the owner of the subject premises of the date, time, and location of this hearing.
	SIGNED                                                                        , 20             .

                                                                 JUDGE PRESIDING

NO. 

THE STATE OF TEXAS	§		IN THE 
§
V.	§		OF
§
§		 COUNTY, TEXAS

O R D E R

	On this day came on to be heard Defendant's "Motion for Order Permitting Defense to Examine Scene of Offense" and it appears to the Court that this motion should be granted.
	IT IS THEREFORE ORDERED that the premises at , be made available for inspection to the defense at a suitable time to be arranged by the defense, the State, and the persons lawfully in charge of these premises.
	SIGNED                                                                     , 20          .

                                                                 JUDGE PRESIDING