Louisiana Court of Appeal Third Circuit Decision

MOTION FOR BILL OF PARTICULARS

STATE OF LOUISIANA :

IN THE INTEREST OF : PARISH OF LOUISIANA

: DOCKET NO.

NOW INTO COURT, through undersigned counsel, comes the defendant, who moves this Court for an Order granting the application for a Bill of Particulars, pleading that he is unable to properly prepare his defense based upon the Bill of Information filed against him, unless and until he is furnished with the following particulars, to-wit:

1. Please state the date and time it is contended that the defendant committed the offense charged in the above-captioned matter.

2. Within what parish, and within what specific place or location within such parish was the alleged offense committed.

3. Upon what statute is the prosecution based, and if the prosecution is based upon a statute consisting of sections, parts, paragraphs, or division of any kind, upon what specific section, part, paragraph or division is the prosecution based.

4. If the defendant is charged with an offense against the person as defined in the Criminal Code, Chapter 1, Part II, please state with specificity those alleged facts which constitute each and every element of the offense for which the defendant is charged, including but not limited to the following, to-wit:

a) Name of the person against whom the offense was committed;

b) Description of dangerous weapon(s), if applicable;

c) Description of additional offense(s) included in the offense charged, if applicable;

d) Act or acts of defendant which constitute specific intent, or criminal negligence, as applicable;

e) Specific criminal consequences allegedly constituting the crime for which the defendant is charged.

5. If the defendant is charged with an offense against property as defined in Criminal Code, Chapter 1, Part III, please state with specificity those alleged facts which constitute each and every element of the offense for which the defendant is charged, including but not limited to the following, to-wit:

a) Describe with all possible specificity the property against which the offense was committed;

b) Describe with all possible specificity the weapon, tools, or other instruments used by the defendant in the commission of the alleged offense;

c) Name of the owner of the property against which the offense was committed;

d) Description of additional offense(s) included in the offense charged, if applicable;

e) Act or acts of defendant which constitute specific intent, general intent or criminal negligence, as applicable;

f) Specific criminal consequences allegedly constituting the crime for which the defendant is charged.

6. State when and if the defendant was apprised of his constitutional rights, including specifically his right to remain silent, his right to an attorney, and a warning that anything he said might be used against him. To each of the rights mentioned herein, please state:

a) The name of the person(s) advising him of such rights, when and where he was so advised, and the name of any persons present when the defendant was so advised;

b) If the defendant was advised on more than one occasion, specify as to each time the defendant was apprised of said rights and by whom.

7. Please state whether or not any fingerprints of the defendant were taken for use in the investigation and/or preparation of the charge and if so, by whom, on what date, and at what time.

a) Prior to the fingerprinting of defendant, was defendant apprised that said fingerprints could be used as evidence against him, and if so, the name of the person(s) advising him of such rights, when and where he was so advised, and the name of any persons present when the defendant was so advised.

8. Please list and describe in detail all items seized and/or held in custody by or for and on behalf of the State as potential evidence in the prosecution of the defendant. Please name all persons who have had custody of said items.

9. Please state whether or not any tests were performed on any items of evidence listed in the previous question and, if so, state the nature of the tests, the name of the person/agency conducting the tests, and the results of such tests.

10. Please state whether or not a physical lineup which included the defendant was employed by the State, and if so, state the names of the person in said physical lineup, the names of all persons present and whether the attorney for the defendant was notified.

11. State whether the defendant was arrested pursuant to a warrant. If not, state with particularity the grounds upon which the arresting officer(s) detained the defendant. State the name(s) of the arresting officer(s) and by which law enforcement agency he/they are employed.

12. State whether any evidence listed herein, seized from the defendant includes hair (facial, pubic, or otherwise), blood, skin, fingernail scrapings, urine, and seminal fluid of the defendant. If so, did the defendant provide written consent for seizure thereof, indicating the date, time and persons present when said consent was perfected.

13. Please state whether or not a weapon was used in the commission of the offense charged and if so, please give a description of the weapon and state the name and address of the person having custody of it, if known.

Respectfully Submitted,

Considering the foregoing:

IT IS ORDERED that the State of Louisiana comply with the defendant's Motion for Bill of

Particulars on or prior to the day of , 20, at o'clock

., or show cause on the said date why the said motion should not be complied with.

, Louisiana, this day of , 20.

I HEREBY CERTIFY that a copy of the above and foregoing Motion for Bill of Particulars

has this date been served upon the Office of the District Attorney for the Parish of ,

Louisiana, by hand delivering a copy of the same.

, Louisiana, this day of , 20.