Library of Motions – Motion In Limine Regarding Voir Dire Examination On Fifth Amendment Rights

MOTION IN LIMINE REGARDING VOIR DIRE EXAMINATION ON FIFTH AMENDMENT RIGHTS
NO. (Cause No.)
THE STATE OF TEXAS
VS.
(Defendant’s Name)
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IN THE COUNTY CRIMINAL
COURT NO. _____ OF
DALLAS COUNTY, TEXAS
MOTION IN LIMINE REGARDING VOIR DIRE EXAMINATION ON FIFTH AMENDMENT RIGHTS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, (Defendant’s Name), and files this Motion in Limine Regarding Voir Dire Examination by the State, and would respectfully ask the Court to order the attorney for the State to refrain from making any comment during the voir dire examination of the jury on the right of the Defendant not to testify in a criminal case and, in support hereof, would show the following:

I.

To allow such comment would effectively permit the attorney for the State to comment upon the Fifth Amendment rights of the Defendant to not testify in this case. Such comment would be a violation of the Fifth and Fourteenth Amendments to the United States Constitution, Art. l, Sec. l0, of the Texas Constitution, and Art. 38.08 of the Tex. Code of Crim. Proc.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Court grant this Motion in all things.

Respectfully submitted,

____________________________________
(Attorney’s Name, Address, Bar Card No.)

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion in Limine Regarding Voir Dire Examination on Fifth Amendments Rights was forwarded to Mr. Bill HIll, Distirct Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207 on this the ________ day of ___________, 200___.

____________________________________
(Attorney’s Name)

Phone Numbers

Office: (214) 871-1112
David Cell: (214) 538-6629
Kathy: (214) 738-4703 (Paralegal Kathy Archuletta)

Office Location

Dallas
2828 N. Harwood, Suite 1950
Dallas, TX 75201
Phone: (214) 871-1112

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