Motions and Challenges to Evidence Court Systems and Practices

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Motions Motion – a formal request made to a court for it to do something Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motions (continued) Motions can be oral in nature, which are most common kind in trials and hearings Any evidence obtained in an unconstitutional manner may not be used at trial. Motions serve to enforce this rule Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion to Dismiss or Quash This occurs when the defendant believes that the indictment or information is fatally flawed Examples would include The court lacks jurisdiction The facts alleged do not amount to a crime An essential element is not charged The defendant has a legal defense such as double jeopardy Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion to Dismiss or Quash (continued) If the court agrees with the defendant, prosecutors are oftentimes allowed to amend the charge instead of dismissing it Dismissing the charge does not mean the defendant cannot be recharged with it later Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion to Suppress The purpose of this hearing is to determine if evidence was obtained in an unconstitutional manner or not If it is found that evidence was obtained in an unconstitutional manner, the motion to suppress is granted and the evidence is not allowed in trial Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion to Suppress (continued) Defendants may testify at suppression hearings, and their testimony may not be used against them at trial This occurs in a separate hearing before the trial Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion for Change of Venue Venue means the place for the trial A defendant may ask for their trial to be moved to another location if a defendant receives considerable negative media coverage Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion for Severance Defendants may be tried together for the same crime The defense may be antagonistic which means the jury must disbelieve one to believe another Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion for Severance (continued) In this situation, the defendant may want to file a motion of severance to have his or her own trial to assure a fair trial Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion in Limine This can be done by the defendant or the prosecution This is a request that they court order the other party not to mention or attempt to question a witness about some matter Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion in Limine (continued) This is similar to a motion to suppress except that it can apply to more than illegally seized evidence Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion for a Protective Order This can be filed if the prosecution fears that revealing information required under a discovery rule will endanger the case or a person’s life If this applies, the court will review the evidence in camera (in private) and decide if it is necessary to keep it from the defendant or not Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motions for Continuance Attorneys can request that hearings or the trial be delayed for various reasons, including providing more time to prepare for the trial or gather witnesses Courts must be careful not to violate speedy trial requirements Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Motion for Mental Examination If the defense counsel believes that the defendant is not competent to stand trial, they can request a mental examination Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Invoking the Rule Invoking the rule is a request by either party to have all of the witnesses leave the courtroom unless they are in the process of testifying Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Objections An objection is another form of challenging evidence Objections are made by either party in court that contests the legality of the other side’s questions There are numerous objections. Some of the most common will now be covered Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Lack of Personal Knowledge A witness may not testify on any matter about which he or she has no personal knowledge. Nor may an exhibit be offered into evidence without the necessary facts showing its relevance and background being established. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Lack of Personal Knowledge (continued) OBJECTION: “The witness has no personal knowledge that would enable him or her to answer this question.” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Opinion Testimony by Non-Experts Witnesses who are not testifying as experts may give opinions which are based on what they saw or heard and are helpful in explaining their stories. However, other commonly known facts (such as the speed of a car or the clumsiness of a person), witnesses should state only facts – not opinions. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Assuming Facts Not in Evidence An attorney shall not ask a question that assumes unproved facts. EXAMPLE: “When did you stop beating your spouse?” OBJECTION: “The question assumes facts not in evidence.” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Questions Calling for a Narrative Answer Questions should be asked so as to call for a specific answer, and should not be too broad. EXAMPLE: “Tell us what you know about this case.” OBJECTION: “Counsel is calling for a narrative answer.” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Hearsay Asking a witness about a statement made by someone else is hearsay and is not usually permitted. EXAMPLE: “Did the police officer say the defendant was speeding?” OBJECTION: “Counsel’s question is seeking a hearsay response.” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Relevance of Evidence Only relevant testimony and evidence may be presented during a trial. This means that the only physical evidence and testimony allowed is that which tends to make a fact important to the case more or less probable than the fact would be without the evidence. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Relevance of Evidence (continued) EXAMPLE: The defense asks on cross-examination, “What is your job?” OBJECTION: “I object, Your Honor. The evidence (or testimony) is not relevant to the facts of this case.” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Character Evidence about the character of a party or witness (other than his or her character for truthfulness or untruthfulness) may not be introduced unless the person’s character is at issue in the case. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Character (continued) EXAMPLE: Have you ever received a speeding ticket? OBJECTION: “This question calls for improper character assumptions.” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Leading Question A leading question is one that suggests to the witness under direct examination the answer desired by the questioner, or suggests a “yes” or “no” answer. EXAMPLE: “Sergeant Jeans, you really couldn’t see the defendant very well, could you?” OBJECTION: “Counsel is leading the witness.” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Leading Question (continued) An attorney may ask leading questions when cross-examining the opponent’s witnesses, and in fact, that is the desired form for cross-examination questions. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Resources 0766818314, Criminal Law and Procedure (5th Edition) by Daniel E. Hall, J.D., Ed.D. Driving on the Right Side of the Road by Law Related Education http://www.texaslre.org/lre_drsr.html Do an Internet search for lawwebtv Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.