Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
MOTION TO DISMISS
I,
_________________________________, a living
man without benefit of counsel, hereinafter known as the Accused, and by
special appearance, moves this court to dismiss the action(s) against the Accused
due to the lack of evidence that would give a reasonable person the knowledge
necessary to prove beyond a reasonable doubt that the Accused was guilty of
such accusation(s).
In the alternative, Order the prosecution to
produce all evidence that will be used at trial pursuant to TRE, Rule 107 and the Brady Rule.
US V. PROCHILLO, 629 F3d 264 (1st Cir. 2011)
Under BRADY,
the government has the duty to disclose evidence in its possession that is
favorable to the accused and material to guilt or punishment.
Respectfully,
_________________________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the forgoing has been
delivered to the following party or counsel of record via certified mail,
return receipt requested, hand delivery or fax on this ______ day of ________________________, 201__.
______________________________________
______________________________________
______________________________________
_________________________________
Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
ORDER ON MOTION DISMISS
On
this the day of ,
201__, came on to be heard the Accused’s Motion to Dismiss for the above
entitled and numbered cause(s), and the court, having heard the said motion,
and the evidence thereon submitted, is of the opinion that said Motion should
be
Granted and is so Ordered.
Signed and
entered this day of , 201__.
SEAL
_____________________________
Judge
Presiding
Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________
COUNTY, TEXAS
ORDER ON PRODUCTION OF EVIDENCE
On
this the day of ,
201__, came on to be heard the Accused’s Motion to Dismiss for the above
entitled and numbered cause(s), and the court, having heard the said motion,
and the evidence thereon submitted, is of the opinion that said Alternative
should be
Granted and is so Ordered that the prosecutor
will provide the defendants all evidence that he/she has that would show guilt
or innocence of the defendant.
Signed and
entered this day of , 201__.
SEAL
_____________________________
Judge
Presiding
INSTRUCTIONS
This document is filed right after the pre-trial or at
least 10 before the trial. This document is important for the appeal. This is
used to get the judge to instruct the prosecutor what the ground rules are at
the being of the trial.
Do
not have a page number on the ORDERs – you may need to cut and paste to a new
document.
Original is filed with the court clerk, copy served on
the prosecutor, a copy for you.
Line 1: Where you put the
cause numbers of the case.
Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 4: Put your name in
Upper and Lower Caps.
Line 5: Put whatever county
the court is in – like – “Galveston”.
Line
6: Put your name in Upper and Lower Caps.
Line
7: Sign your name, print your name in Upper and Lower Caps then below that
print your address.
Line 8: Put the numbered day of the Month that you serve
a copy of this document to the prosecutor.
Line
9: Put the name of the Month that you serve a copy of this document to the
prosecutor.
Line
10: Put the last number of the year that you serve a copy of this document to
the prosecutor. – like - 2013 .
Line 11: Put “ Prosecutor for
(Whatever Court)
Line 12: Put the street address
where the prosecutor will be served.
Line 13: Put the City, State
and Zipcode where the Prosecutor will be served.
Line
14: Sign your name, print your name in Upper and Lower Caps then below that
print your address.
NEW DOCUMENT - ORDER
Line 1: Where you put the
cause numbers of the case.
Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 4: Put your name in
Upper and Lower Caps.
Line 5: Put whatever county
the court is in – like – “Galveston”.
Leave
the rest for the Judge to fill out.
NEW DOCUMENT - ORDER
Line 1: Where you put the
cause numbers of the case.
Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 4: Put your name in
Upper and Lower Caps.
Line 5: Put whatever county
the court is in – like – “Galveston”.
Leave
the rest for the Judge to fill out.
Original goes to the clerk of the court, one copy to the
Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction
sheets.
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