NO. (Cause No.)
|THE STATE OF TEXAS
|IN THE COUNTY CRIMINAL
COURT NO. _____ OF
DALLAS COUNTY, TEXAS
MOTION TO DISMISS INDICTMENT FOR IMPROPER GRAND JURY PROCEDURES
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES the Defendant, (Defendant's Name), and moves this Court to dismiss the indictment in this case because of improper actions on the part of the Grand Jury and, in support hereof, would show the following:
The Defendant stands charged by indictment with this offense.
The Grand Jury violated Article 20.l9 of the Texas Code of Criminal Procedure, in that they did not hear all of the testimony which was accessible to them. In fact, no witnesses testified before the Grand Jury and the Grand Jury knew none of the facts of the cause. This was a violation of the Defendant's Fifth Amendment rights and his rights under Article I, Section l0, of the Texas Constitution.
The Grand Jury in this case also did not act independently of the prosecutor and thus failed in its essential purpose, denying the Defendant his due process rights and right to an indictment by an impartial Grand Jury. The Defendant's right to an indictment is "to limit his jeopardy to offenses charged by a group of his fellow citizens acting independently of either prosecuting attorney or judge." Stirone v. United States, 36l U.S. 2l2, 2l8 (l960). Voting on an indictment without hearing any testimony is a violation of this principle, as well as the United States Constitution and the Texas Constitution.
WHEREFORE, PREMISES CONSIDERED, for the reasons stated above and for other violations of Chapter 20 of the Texas Code of Criminal Procedure, and the due process and right to indictment provisions of the United States and Texas Constitutions, to be developed at a hearing on this Motion, the Defendant respectfully prays that the indictment in this case be dismissed.
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