I have, in a handful of cases, filed an answer to a defendant's motion to suppress. A judge may dispositively deal with the MTS exclusively on the motions or upon affidavits under CCP 28.01(sec. 1)(6). see Bishop v. State 85 S.W.3d 819.
That being said, I've never had a judge actually *deal* with the motion without requiring live testimony. I have found it useful in a couple of instances to either get defense counsel to tell me what his actual grounds for objection were, rather than a boilerplate motion, or to get some helpful caselaw in front of the judge prior to actual testimony.
I've sent you an email with the most recent one that I've filed.This message has been edited. Last edited by: Brody V. Burks,
Originally posted by Brody V. Burks: I have, in a handful of cases, filed an answer to a defendant's motion to suppress. A judge may dispositively deal with the MTS exclusively on the motions or upon affidavits under CCP 28.01(sec. 1)(6). see Bishop v. State 85 S.Q.3d 819.
That being said, I've never had a judge actually *deal* with the motion without requiring live testimony. I have found it useful in a couple of instances to either get defense counsel to tell me what his actual grounds for objection were, rather than a boilerplate motion, or to get some helpful caselaw in front of the judge prior to actual testimony.
I've sent you an email with the mot recent one that I've filed.
C Wilde
Posts: 36 | Location: San Marcos, Texas | Registered: December 28, 2012
I have often filed a "request to deny pretrial suppression hearing" pointing out there is no right to have a separate hearing. The suppression issue can be taken up during trial. The downside for the state of course is that if the court suppresses, the State has no appellate remedy.
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007
Originally posted by S. Howards: I have a response that I use if you would like another. I have had several motions flat out denied based on the response.
SH
C Wilde
Posts: 36 | Location: San Marcos, Texas | Registered: December 28, 2012
Did you know that if you want to you can add attachments to these forum replies so you don't get hit with 100 requests for your motions? Only if you don't mind the document being accessible, that is, but of course, it's already public. The "Add attachment" link is under the text box when you reply.
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004
Thanks, Gretchen! I hope people with these wondrous documents will start attaching them. I love to collect everything that I could possibly use in the future.
Posts: 218 | Location: The Border | Registered: April 08, 2011
