Fill and Sign the Motion to Quash Indictment Form

- 1 - IN THE _______________ COURT OF __________ COUNTY, _____________ STATE OF _____________ VS. CAUSE NUMBER __________ _______________________ DEFENDANT MOTION TO QUASH INDICTMENT COMES NOW, ___________, by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, a nd Article _______ of the ___________ Constitution to quash the indictment. In support of his/her motion, ____________ states as follows: 1. The indictment fails to supply the information required by ___________, and the indictment is so vague and ambiguous and does not apprise the defendant of the cha rge against him/her with sufficient specificity to permit him/her to adequately prepare with his/her defenses, and to plead any judgment in the instant cases as a bar to any late r proceedings against him/her based on the same alleged offense in contravention of the double jeopardy clause of the Fifth Amendment to the United States Constitution made applicable to the sta tes by the Four- teenth Amendment and Article _________ of the ___________ Constitution. 2. The indictment purports to charge the defendant with capital murder but alleges no aggravating circumstances which would warrant imposition of the death penalty, which is the gravamen of capital murder. See, (Insert applicable caselaw) (must charge every element of the offense). -2- 3. The judge failed to charge the grand jury as required by _________, and recommended to the grand jury that they target the defendant in this case. 4. The indictment is predicated upon matters, facts, and things illegally and improperly obtained and presented to the grand jury and gave rise to the return of the i ndictment herein, in violation of the Fourth, Fifth, Sixth and Fourteenth Amendments to the Unite d States Constitution and Section(s) __________ _______________ Constitution. See, (applicable case law) 5. The defendant was not taken before a Magistrate forthwith. See (applicable statute) Wherefore, for these reasons and such other reasons as may be adduced at a hearing hereon, _________ requests that this Court quash the indictment in this cause. Respectfully submitted, ___________________________ By:_________________________ _________________________ CERTIFICATE OF SERVICE I, _________________, attorney for _____________, do hereby certify that I have on this day delivered, by hand, a true and correct copy of the foregoing Motion to -3- This the ____ day of ____________ 20____. _____________________________ ____________________________