MOTION IN LIMINE REGARDING VOIR DIRE EXAMINATION ON FIFTH AMENDMENT RIGHTS

1. (Cause No.)

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. 1, Sec. 10, 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.

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, District Attorney, Frank Crowley Courts Building, 133 North Industrial Boulevard, Dallas, Texas 75207 on this the ________ day of ___________, 200___.