Fill and Sign the Th Judicial District Court Form

- 1 - STATE OF LOUISIANA : ___ TH JUDICIAL DISTRICT COURT VS : PARISH OF ____________ , LOUISIANA ____________ : DOCKET NO. ____________ MOTION FOR MISTRIAL The above named defendant, through undersigned counsel, moves for a mistrial pursuant to La. Code of Criminal Procedure, Article 771 on the basis of a potent ial juror’s prejudicial remarks made during jury qualifications and voir dire. 1. Article 771 of C.Cr.P. required that upon the request of the defendant or the State, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury when the remarks irrelevant or immaterial or of such a nature that it might create prejudice against the defendant or the State in the mind of the j ury. 2. Upon hearing of said juror’s prejudicial remarks, the defendant immediately requested a mistrial and said Motion was denied. 3. After defendant’s Motion for mistrial, defendant then moved court to admonish jurors to disregard said comments, a req uest which was not complied with by the court pursuant to C.Cr.P. 771, which requires at “Prompt Admonition” to jury to disregard said comments. 4. An admonition is insufficient to cure the prejudice. WHEREFORE, the defendant prays that this court grant t his Motion for a Mistrial on the above styled case and that the jury be dismissed. Respectfully Submitted, ____________________________ ____________________ _________________________ _________________________ ___________ , LA ___________ (____ )___________ - 2 - STATE OF LOUISIANA : ___ TH JUDICIAL DISTRICT COURT VS : PARISH OF ____________ , LOUISIANA ____________ : DOCKET NO. ____________ ORDER Considering the foregoing; IT IS ORDERED that the defendant, _______________ , be granted a mistrial and the jury be dismissed. THUS DONE AND SIGNED this ____ day of ______________ 20 ___ , ______________ , Louisiana. ___________________________ DISTRICT JUDGE CERTIFICATE I HEREBY CERTIFY that the above and foregoing has been forwarded to all opposing counsel a copy of same. ______________ , Louisiana, ________________ , 20 ___ . __________________________ MALCOLM R. PATTERSON