Motions
Motions are documents that request the judge to take some type of action. They are powerful tools which effective lawyers use to obtain essential discovery, suppress inadmissible evidence, and, sometimes, to have the case dismissed. I file motions in almost every case I handle. This section of the website contains many of the different motions I have filed over the years, organized by categories. Lawyers are welcome to download any motions they find useful. It goes without saying, of course, that every criminal case is different, and that any motion you file in your case must be modified to fit your particular facts. Feel free to call me if you have any questions or comments on these motions.
- Motion To Extend Time To File Notice Of Appeal
- Notice Of Appeal (Standard)
- Notice Of Appeal ((Pro Se)
- Notice Of Appeal (From Denial Of Pretrial Writ Of Habeas Corpus)
- Notice Of Appeal (From Denial Of DNA Testing)
- Notice Of Appeal (From Denial Of Reasonable Bail Pending Appeal)
- Notice Of Appeal (Permission To Appeal Granted By Trial Court)
- Application For Writ Of Habeas Corpus Seeking Bail Reduction
- Motion To Set Bond For Defendant On Deferred Adjudication
- Motion To Amend Conditions Of Bond
- Motion To Set Bond For Misdemeanor Probationer
- Motion To Permit Defendant To Travel While On Personal Bond
- Motion To Substitute Cash Bond In Lieu Of Personal Recognizance
- Motion To Declare Section 12.31(a) Unconstitutional
- Motion To Set Aside Information.21.15
- Motion To Set Aside Indictment (Aggravated Assault)(nature of injury)
- Motion To Set Aside Indictment (Aggravated Assault)(family violence)
- Motion To Set Aside Indictment (Aggravated Robbery)(manner and means)
- Motion To Set Aside Indictment (Aggravated Robbery)
- Motion To Set Aside Indictment (Animal Cruelty)
- Motion To Set Aside Indictment (Arson)
- Motion To Set Aside Indictment (Bigamy)
- Motion To Set Aside Indictment (Bribery)
- Motion To Set Aside Indictment (Burglary)
- Motion To Set Aside Indictment (Capital Murder)(remuneration)
- Motion To Set Aside Indictment (Capital Murder)(peace officer)
- Motion To Set Aside Indictment (Capital Murder)(bootstrapping)
- Motion To Set Aside Indictment (Capital Murder)(burglary)
- Motion To Set Aside Indictment (Capital Murder)(kidnapping, burglary, robbery)
- Motion To Set Aside Indictment (Capital Murder)(robbery)
- Motion To Set Aside Indictment (Child Pornography-Possession)
- Motion To Set Aside Indictment(Continuous Violence Against The Family)
- Motion To Set Aside Indictment (Credit Card Abuse)
- Motion To Set Aside Information (Criminal Mischief)
- Motion To Set Aside Information (Criminal Trespass)
- Motion To Set Aside Indictment (Criminally Negligent Homicide)
- Motion To Set Aside Information (Cruelty To Animals)
- Motion To Set Aside Indictment (Dangerous Drugs-Delivery)
- Motion To Set Aside Indictment (Dangerous Drugs/Possession)
- Motion To Set Aside Indictment (Deadly Conduct)
- Motion To Set Aside Indictment (Destroying A Writing)
- Motion To Set Aside Indictment (Engaging In Organized Criminal Activity)
- Motion To Set Aside Indictment (Election Fraud)(AG Authority)
- Motion To Set Aside Indictment (Election Fraud)(constitutional)
- Motion To Set Aside Indictment (Election Fraud)(manner and means)
- Motion To Set Aside Indictment (Election Fraud)(various)
- Motion To Set Aside Information (Escape)(misdemeanor)
- Motion To Set Aside Indictment (Escape)(felony)
- Motion To Set Aside Indictment (Escape)(felony).2
- Motion To Set Aside Information (Evading Arrest)
- Motion To Set Aside Information (Failure To Stop And Give Information)
- Motion To Set Aside Indictment (Forgery)
- Motion To Set Aside Information (Furnishing Alcohol To A Minor)
- Motion To Set Aside Indictment (Gambling Paraphernalia-Possession)
- Motion To Set Aside Indictment (Gambling Place-Operating)
- Motion To Set Aside Information (Gambling-Altered Equipment)
- Motion To Set Aside Indictment (Harassment)
- Motion To Set Aside Indictment (Identity Theft)
- Motion To Set Aside Indictment (Illegal Investment)
- Motion To Set Aside Indictment (Indecency with a Child)(on or about)
- Motion To Set Aside Indictment (Indecency With A Child).1
- Motion To Set Aside Information (Indecent Exposure)
- Motion To Set Aside Indictment (Injury To A Child)
- Motion To Set Aside Indictment (Interfering With A Public Servant)
- Motion To Set Aside Indictment (Intoxication Assault)
- Motion To Set Aside Indictment (Intoxication Manslaughter)
- Motion To Set Aside Indictment (Kidnapping)
- Motion To Set Aside Information (Making A False Report To A Peace Officer)
- Motion To Set Aside Indictment (Manslaughter)
- Motion To Set Aside Indictment (Marriage Ceremony/Performance)
- Motion To Set Aside Indictment (Misapplication Of Fiduciary Property)
- Motion To Set Aside Indictment (Official Oppression)
- Motion To Set Aside Indictment (Parties)
- Motion To Set Aside Information (Prostitution)
- Motion To Set Aside Complaint (Public Intoxication)
- Motion To Set Aside Indictment (Racing)
- Motion To Set Aside Indictment (Resisting Arrest)
- Motion To Set Aside Indictment (Securing Execution Of Document By Fraud)
- Motion To Set Aside Indictment For Selective Prosecution
- Motion To Set Aside Indictment (Sexual Assault)
- Motion To Set Aside Indictment (Sexual Assault/Disabled Person)
- Motion To Set Aside Indictment (Sexual Performance By A Child)
- Motion To Set Aside Indictment (Solicitation Of A Minor)
- Motion To Set Aside Indictment (Tampering With Evidence)
- Motion To Set Aside Indictment (Tampering With Governmental Record)
- Motion To Set Aside Indictment (Tampering With Witness)
- Motion To Set Aside Information (Terroristic Threat)
- Motion To Set Aside Indictment (Theft)
- Motion To Set Aside Indictment (Theft/Shoplifting)
- Motion To Set Aside Indictment (Theft/Deception)
- Motion To Set Aside Indictment (Auto Theft and Unauthorized Use Of Vehicle)
- Motion To Set Aside Information (Unlawfully Carrying A Weapon)
- Motion To Set Aside Indictment (Violation Of Civil Rights)
- Motion To Set Aside Indictment (Worker’s Compensation Fraud)
- Motion To Set Aside Complaint (Public Intoxication)
- Motion To Declare Statute Unconstitutional
- Objections To The State’s Motion To Amend The Indictment
- Motion To Set Aside Indictment (Escape)
- Motion For Disclosure Of Corroborative Evidence
- Motion For Discovery And Other Relief
- Motion For Discovery And Other Relief (DWI)
- Request For Discovery Provided By Article 39.14
- Motion For Production Of Officer’s Personnel Records
- Motion For Production Of Probation Office’s File
- Motion For Discovery Of Accident Reconstruction Materials
- Motion For Discovery And Preservation Of Recorded In-Coming Telephone Calls And Dispatch Radio Communications
- Motion For Access To Alleged Crime Scene
- Defendant’s Motion For Production Of Officer’s Personnel Records
- Motion For Discovery Of The Arrest And Conviction Records And Evidence Admissible Under Rule 404(a)(2) Of The Texas Rules Of Evidence Concerning The Deceased
- Motion For Production Of Insurance Investigation Reports
- Motion For Production Of Officer’s Field Sobriety Training Manuals
- Motion For Brady Information Concerning Potential Witnesses
- Motion For Production Of Copies Of Recordings (38.22, Section 3(a)(5))
- Motion For Production Of The True Name And Correct Date Of Birth For The Pseudonymonous Complainant
- Motion For Discovery And Inspection Of Alleged Marijuana Evidence
- Motion For Production Of ATF Trace Summaries
- Motion For Discovery Of Confidential CPS Records
- Motion That 39.14(b) Notice Be Provided Within 30 Day
- Motion To Reveal Deals With State's Witnesses
- Open Records Request To District Attorney’s Office
- Defense’s Letter Retaining Expert
- Defense’s Request For Names And Addresses Of Expert Witnesses
- Response To State’s Request For Names And Addresses Of Defense Experts
- Motion For Voir Dire of Expert Witnesses
- Ex Parte Motion To Appoint Ballistics Expert To Assist In Evaluation, Preparation, And Presentation Of Defense
- Motion to Appoint Mobile Device Forensics Expert
- Letter Requesting Permission To Appear Before The Grand Jury
- Motion to Determine Whether Exculpatory Evidence Was Presented to the Grand Jury
- Motion To Order State To Present All Exculpatory Evidence To Grand Jury
- Motion To Determine Whether Exculpatory Evidence Was Presented To The Grand Jury
- Motion To Disclose Grand Jury Testimony
- Motion To Dismiss For Failure To Present Exculpatory Testimony
- Motion To Determine Whether Exculpatory Evidence Was Presented To Grand Jury
- Motion To Dismiss For Systematic Exclusion Of Grand Jurors
- Motion For Disclosure Of Grand Jury Testimony
- Motion For Inspection Of Grand Jury Lists
- Motion To Endorse Indictment With Names Of Grand Jury Witnesses
- Motion To Quash Grand Jury Summons (Doctor-Patient)
- Motion To Quash Grand Jury Summons (Lawyer-Client)
- Motion To Quash Grand Jury Summons (Target)
- Motion To Quash Grand Jury Subpoena (Federal)
- Petition For Disclosure Of Grand Jury Information
- Motion For New Trial (Prosecutorial Misconduct)
- Motion For New Trial (Contrary To Law And Evidence)
- Motion To Reconsider Sentence
- Application For Felony Probation
- Sentencing Memorandum
- Motion To Modify Conditions Of Community Supervision
- Motion for Leave to Travel For Business Purposes Within Texas While on Community Supevision
- Punishment Election
- Motion For Shock Probation
- Motion For Time Credit (State Jail Felony)
- Motion To Stay Commencement Of Terms Of Community Supervision
- Motion To Terminate Community Supervision Early
- Motion To Terminate Deferred Adjudication Early
- Motion To Suppress Evidence
- Motion To Suppress Evidence As A Result Off Jail Cell Search
- Motion To Suppress Evidence (Blood Warrant)
- Motion To Suppress Evidence (Franks)
- Motion To Determine Admissibility Of Involuntary Statements
- Motion To Suppress Involuntary Statements Of Defendant
- Memorandum In Support Of Motion To Suppress Involuntary Statements Of Defendant
- Proposed Findings Of Fact And Conclusions Of Law [Involuntary Statements]
- Request For Notice Of Intent To Offer Statements Allegedly Made By Defendant
- Motion For Copies Of Defendant’s Statements
PowerPoint Presentations
I accompany most of my CLE presentations with Power Point slides.
Some of my recent Power Point presentations are included here.
Cases to Watch For From The Texas Court of Criminal Appeals.
(29th Annual Rusty Duncan Advanced Criminal Law Course. 2016)