IN THE DISTRICT COURT OF EL PASO COUNTY, TEXAS
111th JUDICIAL DISTRICT
THE STATE OF TEXAS §
§
vs. § Cause No. !@#$%
§
SHY BOY §
JACKSON V. DENNO MOTION FOR HEARING ON VOLUNTARINESS
OF ANY ADMISSION OR CONFESSION WHETHER WRITTEN OR ORAL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES DEFENDANT, SHY BOY, in the above-styled case, and respectfully requests this Honorable Court to excuse the jury before any evidence of admissions or confessions, whether written or oral, are admitted in the presence of the jury.
The Defendant makes this request based upon the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; Article I, § 10 of the Texas Constitution; and Articles 38.21, 38.22 and 38.23 of the Texas Code of Criminal Procedure.
The defendant further requests this Honorable Court to instruct the District Attorney and his Assistants to ask no questions in the presence of the jury concerning admissions and confessions, whether oral or written, or whether incriminatory or exculpatory, until a Jackson v. Denno hearing has been afforded to the Defendant with findings of fact and conclusions of law by the Court.
The Defendant further alleges that, at the time of various conversations with a number of police officers, Defendant was under arrest or otherwise substantially deprived of freedom by the attendant conduct of the officers and the surrounding circumstances; and that the restraint was neither pursuant to a warrant, nor probable cause.
WHEREFORE PREMISES CONSIDERED, Defendant respectfully prays that this Honorable Court will grant an evidentiary hearing outside the presence of the jury and, thereafter, will suppress from evidence any oral and written statements which may have been made to police officers.
Respectfully submitted,
EL PASO COUNTY PUBLIC DEFENDER
______
Larry Lawless
Attorney for Defendant
State Bar# 12345678
500 E. San Antonio, Rm. PD501
El Paso, Texas 79901
915/546-8185
FAX 915/546-8186
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion For A Jackson v. Denno Hearing was hand-delivered to the District Attorney’s Office, El Paso County Courthouse, 500 E. San Antonio Second Floor, El Paso, Texas 79901, on this the ______day of ______, 2003.
______
Larry Lawless
IN THE DISTRICT COURT OF EL PASO COUNTY, TEXAS
111th JUDICIAL DISTRICT
THE STATE OF TEXAS §
§
vs. § Cause No. !@#$%
§
SHY BOY §
ORDER SETTING HEARING
On this date came on to be considered Defendant's Jackson v. Denno Motion concerning the voluntariness of any admission or confession the Defendant may have made, and the Court, after having considered same, finds that a hearing is necessary in order to resolve the issues raised therein.
IT IS THEREFORE ORDERED that said motion is hereby set for hearing on the ______day of ______, 2003, at ______o'clock ____.m. before this Court.
SIGNED this day of ______, 2003.
______
J U D G E
IN THE DISTRICT COURT OF EL PASO COUNTY, TEXAS
111th DISTRICT COURT
THE STATE OF TEXAS §
§
vs. § CAUSE NUMBER !@#$%
§
SHY BOY §
O R D E R
On this the _____ day of ______, 2003, came on to be considered Defendant’s Jackson v. Denno Motion seeking to suppress any written or oral statements made to police officers and after hearing evidence and considering the same this Court is of the opinion and it is hereby ORDERED that Defendant’s Motion is:
GRANTED ______, and the statement are suppressed,
DENIED ______, to which Defendant excepts.
SIGNED this ______day of ______, 2003.
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J U D G E