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I have a writ/bond reduction hearing on a child sex case tomorrow. I have just found out that the defense attorney has subponeaed everyone from the case, from initial responding officer, to forensic interviewer, to the child victim and witnesses to the bond hearing. I intend to file a motion to quash but any suggestions or cases would be appreciated.
 
Posts: 55 | Registered: February 15, 2005Reply With QuoteReport This Post
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Well, the burden's on the defense to show that their testimony would be material and favorable. I'd file a motion to quash and see what the defense articulates as a reason. If they're just using it to harass the witnesses or as discovery, that won't fly. I'd be happy to send you some examples of ones I've filed if you give me your email.

The main case you should look at is Coleman v. State, 966 S.W.2d 525 (Tex. Crim. App. 1998).
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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