Fill and Sign the State V Tommyfindlaw 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 TESTIMONY 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 ____, Sections __________ of the __________ Constitution to invoke the rule of witness sequestration prior to voir dire and to enjoin the prosecuting 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 reliabili ty of the fact-finding process, and violate the purpose of the rule--which is to preclude the tainting of witnesses' testimony by the influence 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 -2- them, anyway. On the other hand, we recognize that attorneys need to consult with their witnesses in order to prepare them to testify. Preparing them, however, does not mean relating other witnesses' testimony. __________ __________ __________ we admonish trial judges to be aware of the possibility that the sequestration rule may be circumvented 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 standards must be met to assure that it is fair. "The fundamental respect for humanity underlying the Eighth Amendment's prohibition 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, Woodson v. North Carolina, 428 U.S. 280, 305, 96 S. Ct. 2978, 49 L. Ed. 2d 944 (1976) (White, J., concurring))). 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. -3- 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 ___________ ______. ___________ __________