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Does anyone have a motion to designate experts that they would like to share?
Does anyone have a motion to keep defendant in handcuffs/shackles that they would like to share.
(have suspect who escaped custody once and committed a murder, attempted to escape custody and remove officer's firearm during transport, and attempted to kill and committed an aggravated assault on a counselor while in custody) I do not want him to have free range in the court.
 
Posts: 169 | Registered: June 30, 2005Reply With QuoteReport This Post
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1. On the expert issue--I'm unclear by what you mean when you say a motion to designate. Assuming that you want to discover who the Defendant intends to use at trial, all that Art. 39.14 of the CCP requires is that a request be made at least thirty days prior to jury selection. Upon receipt of the request, the information must be provided to you not less than 20 days prior to trial. If this is what you mean, shoot me an email to the email address in my profile and I will shoot you a copy of the request we use.

2. On restraining the defendant during trial--when possible you want to keep any physical restraints out of view of the jury. However, if a shock belt and leg bar combination will not work, just make sure that you touch all the bases in cases such as Bell v. State, 415 S.W.3d 278 (Tex.Crim.App.--2013). The court needs to make explicit findings on the record on why the measures are taken, what the measure are, what is being done to avoid tainting the jury with the measures and why lesser-restrictive means are inadequate. I don't have a motion for that--but surely someone on here does. Ultimately this is a matter solely within purview of the Judge and/or the Sheriff's Department (assuming the bailiffs are SO employees).
 
Posts: 479 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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thanks. I sent them a request pursuant to 39.14. Thanks for the case law as well.
 
Posts: 169 | Registered: June 30, 2005Reply With QuoteReport This Post
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