Fill and Sign the Motion Rule Form

IN THE CIRCUIT COURT OF ________ COUNTY, __________ NAME OF PLAINTIFF )       ) ) V. ) NO. ) ) NAME OF DEFENDANT )       ) ) MOTION TO INVOKE THE RULE PRIOR TO VOIR DIRE AND TO ENJOIN THE DISTRICT ATTORNEY FROM ADVISING WITNESSES OF PREVIOUS TESTI MONY 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 __________ of the __________ Constitution to invoke the rule of wit ness sequestration prior to voir dire and to enjoin the prosecut ing attorney from advising witnesses of either their own or other witnesses' previous testimony. In support of his motion, __________ states as follows: 1. It is imperative that witnesses not discuss the case with other people so that they can "get the story straight." Such misconduct only serves to reduce the reliability of the fact-finding process, and violate the purpose of the rule--which is to preclude the tainting of witnesses' testimony by the influ ence of investigators or other witnesses. See Miss. R. Ev.  615; Miss. Unif. Crim. Ct. R.  5.09 . As the Supreme Court held in Douglas v. State , 525 So.2d 1312 (Miss. 1988): We agree with [Appellant's] contention that it does no good to sequester witnesses if someone is going to relate testimony to them, anyway. On the other hand, we recognize that attorneys need to consult with their witnesses in order to prepare them to testify. Prepar ing them, however, does not mean relating other witness es' testimony . __________ __________ __________ we admon ish trial judg es to be aware of the possibili ty that the sequestration rule may be circum vented in the guise of attorneys "prepping" their witnesses. Id. at 1319 (emphasis supplied; citation omitted). Since this is to be a capital prosecution, even more exacting stan dards must be met to assure that it is fair. "The fundamen tal respect for humanity underlying the Eighth Amendment's prohi bition against cruel and unusual punishment gives rise to a special '"need for reliability in the determination that death is the appropriate punishment"' in any capital case." Johnson v. __ , 486 U.S. 578, 584, 108 S. Ct. 1981, 100 L. Ed. 2d 575 (1988) (quoting, Gardner v. Florida , 430 U.S. 349, 363 - 64, 97 S. Ct. 1197, 51 L. Ed. 2d 393 (1977) (quoting, Wood son v. North Carolina , 428 U.S. 280, 305, 96 S. Ct. 2978, 49 L. Ed. 2d 944 (1976) (White, J., concur ring))). 2. Because the attorneys outline what they expect the evidence to show during the voir dire process, it is important that the rule be invoked prior to voir dire, to avoid the witnesses being tainted. WHEREFORE, ____________ moves that his motion be granted. 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 of Defendant to This _____ day of ___________ ______. ___________ __________