Fill and Sign the Accused Clothing Form

IN THE CIRCUIT COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF )       ) ) V. ) NO. ) ) NAME OF DEFENDANT )       ) ) MOTION FOR FUNDS FOR THE ACCUSED TO SECURE CIVILIAN CLOTHING & TO ALLOW ___________ TO WEAR CIVILIAN CLOTHES WHILE THE STATE SEEKS HIS EXECUTION COMES NOW, _____________, by counsel, and moves this Court pursu ant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, and Article ______, Sections _______ the __________ Constitution to grant funds for ___________ to secure civilian clothes, and to allow him to wear civilian clothes when in Court on any matter. In support of his motion, ___________ states as follows: 1. ______________ is indigent, and charged with a capital offense. In this motion, he asks that this Court issue an order allowing counsel funds to secure civil ian clothing for him, and direct ing the sher iffs to provide him with these clothes before he comes to Court so that he may appear in them. 2. In Estelle v. Williams , the United States Supreme Court held that "the State cannot, consis tently with the Four teenth Amendment, compel an accused to stand trial . . . while dressed in identifiable prison clothes . . . " Estelle v. Wil liams , 425 U.S. 501, 512, 96 S. Ct. 1691, 48 L. Ed. 2d 126 (1976). In so holding, the Court noted that the rule against forcing defendants to wear prison garb while before a jury "is a recognition that the constant reminder of the accused's condition implicit in such distinctive, identi fiable attire may affect a juror's judgment." Id . at 504-05. Moreover, the Court stated that "compelling an accused to wear jail clothing furthers no essential state policy," id . at 506, and specif ically rejected the "convenience of jail adminis trators as a possible justifica tion for this practice." Id. 3. It is anticipated that the media will be present at some, if not all, of ___________ pre-trial hearings. It would be a violation of the First Amendment to preclude the press from reporting that ______________ was wearing prison clothes. At the same time, it would be a violation of ______________'s constitu tion al rights if any prospective juror read that he had been clothed in the apparel of the guilty. Accordingly, requiring _______________ to appear at pretrial hearings or at trial in prisoner's clothing will violate his right to a fair trial, fair and impartial jury, and a fair, reliable and objective determina tion of punishment without fur - thering any permissible state interest. To protect these rights this Court should enter an order allowing ______________ to appear to all future hearings in civilian clothes. 4. It is anticipated that this trial will last up to three weeks. _____________ cannot be expected to wear the same clothes every day, and counsel cannot be expected to wash them for him, or make arrange ments to do so, every day. Therefore, ___________________ will require at least two suits, three shirts and a pair of shoes. The approxi mate reasonable cost of such attire will be _______ dollars ($00.00). WHEREFORE, _________________ prays for an order directing the sheriff to allow him to wear the civilian clothing provided to him by counsel during all court appearances, and for ________ dollars ($00.00) for counsel to secure such clothes. Respectfully submitted, ______________________________ __________ Attorney for Defendant CERTIFICATE I, _________________, do hereby certify that I have on this day delivered, by hand, a true and correct copy of the foregoing Motion to ___________________ This _____ day of _________ ____. _______________________________ __________