Motion to Dismiss
by Charles A. Hood
CAUSE NO. 
THE STATE OF TEXAS	§	CALHOUN COUNTY COURT
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V.	§	AT LAW #1 OF
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	§	CALHOUN COUNTY, TEXAS
MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW, Defendant and files his/her Motion to Dismiss and in regard thereto would respectfully show as follows:
1.
	Defendant has been informed there is no video available of her arrest. Such a video is required by law. C.C.P. Art. 2.125; P.L.P.D. Gen. 0 #22-2005 (x). The evidence was exculpatory, as it would show that Defendant was no wise intoxicated, and cannot be obtained by other reasonably available means. Defendant will be significantly prejudiced by the absence of the evidence at trial, and, as the evidence should have been gathered and retained solely by the State, only the State is culpable in its absence. Therefore, trying Defendant in this case without said evidence would violate Defendant’s rights to due process and/or equal protection of the laws as guaranteed her by the statutes and Constitutions of the State of Texas and of the United States of America. Kyles v. Whitley, 514 US 419 (S.Ct. 1995).
	WHEREFORE, PREMISES CONSIDERED, Defendant prays the Court grant this Motion to Dismiss this case, with prejudice to the right of the State to refile the same, and for such other and further relief to which she may be justly entitled.