Effective, Efficient Criminal Defense
A timesaving combination of forms and law from
two of the state’s preeminent authorities
Judge Robert K. Gill and Mark Daniel’s
formbook will help you deal with ever-increasing pressures to do more in
less time.
Texas Criminal Forms provides
forms, tips, and law to improve your effectiveness and efficiency in
everything from evidence suppression through trial to sentencing. For
example, you receive:
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4 motions to
suppress evidence seized from places. “It is generally better to
not allege specific grounds to avoid warning the prosecution which
grounds will be pursued at the hearing. The above-listed grounds can
serve as a guide for questioning of prosecution witnesses at the
suppression hearing or for tailoring a specific motion if the facts
require specificity.” Text §§2:01-21, Forms
2-2 to 2-5
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2 motions to reveal identity of
informer. “Even if the state is not ultimately required to reveal
identity, the hearing on the motion can be an excellent discovery device
and can coerce the state into dismissal or a favorable plea.” Text
§§2:40-45, Forms 2-6 and 2-7
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10 motions to suppress evidence
seized from persons. “Another benefit to requiring the trial court
to hear testimony on a motion to suppress evidence is to discover what
the testimony of the involved law enforcement agents will be at trial.
At the hearing counsel can lock in their testimony on crucial points.”
Text §§3:01-31, Forms 3-2 to 3-5 and 3-7 to 3-12
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7 Sixth Amendment motions.
“Although the accused has had counsel appointed for a particular offense
his right to counsel often has not been properly invoked as to other
offenses. In this situation it is important to make sure that there is
also a Fifth Amendment invocation by the defendant.” Text §§4:01-43,
Forms 4-1 to 4-2 and 4-13 to 4-17
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15 Fifth Amendment motions. “If
counsel seeks to suppress a defendant’s statement it is enough to show a
violation of Miranda or Tex. Code Crim. Proc. art. 38.22. However, if
counsel is seeking also to suppress evidence obtained through the taking
of the defendant’s statement, actual coercion by government agents must
be shown.” Text §§5:01-103, Forms 5-4 to 5-6 and 5-10 to 5-21
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7 applications for writ of habeas
corpus. “Because collateral estoppel claims are not cognizable on a
pre-trial writ of habeas corpus absent an accompanying constitutional
double jeopardy claim, counsel should always couple the collateral
estoppel claim with a constitutional double jeopardy claim.” Text
§§8:01-33, Forms 8-1 to 8-4 and 8-10 to 8-12
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11 bond motions and writs.
“Since bonds can be forfeited or declared insufficient so readily, it is
often necessary for the counsel for the defendant be prepared on short
notice to show the trial court good cause for the bond to be reinstated
or to that the defendant was arrested in error.” Text §§9:01-52,
Forms 9-1 to 9-4, 9-6 to 9-10, and 9-12 and 13
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32 pretrial motions. “Before
pursuing the motion to testify free of impeachment by prior convictions,
counsel should deliver a request to the state that they give notice
under Rule 609 of any prior conviction they intend to use to impeach the
defendant at trial.” Text §§12:01-191, Forms 12-1 to 12-32
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25 discovery motions and requests.
“Because Rule 902(10)a states that proper notice is required before
business records can be admitted at trial without a sponsoring witness,
counsel may wish to delete this part of the request for notice in
anticipation that the other party will fail to give the required notice,
thus failing the predicate.” Text §§13:01-222, Forms 13-1 to 13-7,
13-13 to 13-31
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18 jury forms. “In
order to preserve error in a trial court’s erroneous denial of a defense
challenge for cause, the defendant must follow a rigorous predicate
including….” Text §§14:01-91, Forms 14-1 to 14-18
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16 limiting instructions.
“Requesting a limiting instruction gives opposing counsel another forum
in which to explain to the trial court the reason to sustain the
original objection to the proposed evidence; and gives an opportunity to
make further objections to the evidence.” Text §§15:140-59, Forms
15-24 to 15-32 and 15-35 to 15-41
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30 trial motions. “There is a
three-step procedure for preserving error when a subpoenaed witness does
not appear. First….” Text §§15:1-312, Forms 15-3 to15- 22 and 15-42
to 15-63
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16 punishment motions. “As
a general proposition, a defendant must object to terms and conditions
of community supervision at the time they are imposed in order to
challenge the same on appeal. However, the defendant can challenge the
terms and conditions by way of a habeas corpus petition. This is true
even for defendants on deferred adjudication community supervision.
[Citations omitted.]” Text §§20:1-151, Forms 20-1 to 20-10
and 20-25 to 20-33
And these specialty forms…
Updated annually.
ISBN
1-58012-110-1. Price: $99.00
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