Fill and Sign the Mistrial Form

STATE OF LOUISIANA : _______ JUDICIAL DISTRICT COURT VS : PARISH OF _______ , LOUISIANA ________________ : DOCKET NO. _______ MOTION FOR MISTRIAL The defendant, through undersigned counsel, moves for a mistrial pursuant to Louisiana Constitution, Article 1, Section 17 and La.C.Cr.P. Article 786, which guarantees the defendant a right to full voir dire examination of prospective jurors. In support of Motion, the defendant submits the following: 1. A potential juror, during jury qualification, made various prejudicial remarks. Defendant moved for a mistrial based upon said remarks which was denied. 2. This court failed to comply with La.C.Cr.P., Article 771, requiring a prompt admonition to jury to disregard said comments. 3. Said juror who made prejudicial comments was then permitted to be seated in the first panel of prospective jurors for voir dire. 4. The State was permitted full voir dire examination of said juror, who during said voir dire made additional prejudicial remarks. 5. Defense counsel was then prohibited by this court to conduct a full voir dire of this potential juror in the presence of the other jurors. 6. This prohibition from questioning this juror in the presence of the other jurors created prejudice against the defendant. 7. This court = s prohibition from questioning said juror in the presence of the other jurors acted to suppress attitudes and thoughts which might be held by other jurors who shared said juror = s opinion and in effect acted to chill and stifle any similar responses by other prospective jurors. WHEREFORE, the defendant prays that this court grant this Motion for a Mistrial in the above-styled case and that the jury be dismissed. Respectfully Submitted, ___________________________ ________________ _______ Parish I.D. Board ________________ ___________ , LA _______ ( ___ ) _______ * * * 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 by hand delivering a copy of same. ________________ , Louisiana, _________________, 20 ___ . __________________________ ________________