NO. (Cause No.)
|THE STATE OF TEXAS|
|IN THE COUNTY CRIMINAL|
COURT NO. _____ OF
DALLAS COUNTY, TEXAS
MOTION FOR PRODUCTION AND INSPECTION OF GRAND JURY MINUTES
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Defendant, (Defendant's Name), in the above styled and numbered cause, by counsel, and respectfully requests that pursuant to the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, and Article 1, Sections 10 and 19 of the Texas Constitution, the following requests be granted.
That defense counsel be permitted to examine the testimony of each witness who testified before the Grand Jury prior to trial.
In the alternative, and without waiving the above request for inspection of Grand Jury testimony, this Defendant respectfully requests that after each witness called by the State testifies during the trial, defense counsel be permitted to inspect the Grand Jury testimony of the witness. In the alternative, Defendant would request that the Court make an in camera inspection of the Grand Jury testimony for possible inconsistencies with the witness' trial testimony.
Defense counsel contemplates that a particularized need can be shown for the testimony as follows:
1. To impeach the witness;
2. To discover prior inconsistent statements;
3. To test the credibility of the prosecution's witnesses;
4. To test the recollection of the prosecution's witnesses; and
5. To discover evidence favorable to defense.
The Defendant further states that if the minutes have not been transcribed, the trial Court order the prosecuting attorney to have them transcribed at the Defendant's expense.
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Court grant this Motion in all things.
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for Production and Inspection of Grand Jury Minutes was forwarded to Mr. Bill Hill, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207 on this the ________ day of ___________, 200___.
ON THIS the ______ day of______________, 200__, came on to be heard the foregoing Motion for Production and Inspection of Grand Jury Minutes, and paragraphs numbered ___________________ are GRANTED and paragraphs numbered ______________________ are DENIED, to which action the Defendant excepted.
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