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If anyone has any forms for the State's Response to the Defendant's Motion for Change of Venue and any forms for the State's controverting affidavits, could you email them to me at khenry@co.wise.tx.us or fax them to 940-627-5257 at the Wise County DA Office. I would appreciate the assistance. | ||
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I could use those forms as well. I am trying to fight a venue change also. my email is stuart@johnsoncountytx.org thanks | |||
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I've sent each of you a copy of one that I did 4 or 5 years ago. Let me know if you don't get it. Robert DuBoise Assistant District Attorney | |||
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Does the State have to file a response? What if the defendant does not specifically request a certain county to change it to? What if the defendant's affidavits do not give the affiant's identifying information? These are some issues I have to address next week - any thoughts? | |||
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Jeremy: Sent a copy to you also. Let me know if you don't get it. | |||
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Jeremy,It's my understanding that the State has to file controverting affidavits and we normally have a hearing. My Judicial district has three counties and in the past cases have been moved to an adjoining county in the same judicial district.I know they can be moved totally out of the area if there is tons of publicity but I have never had to deal with that. Good luck! | |||
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I did not file a response or controverting affidavits. Visiting judge granted the motion to change venue based on "a hundred years of precedent" that said if the State does not respond, the motion must be granted as a matter of law. See Clarke v. State from Ft. Worth Court of Appeals. Any thoughts on asking the "real" presiding judge for a rehearing? | |||
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I recommend staying in La Quinta. A pretty decent breakfast is included. I especially like the little waffle maker. And they generally have good Wi-Fi connections, which will help you stay in touch with us during your trial. How about a daily blog? | |||
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Actually, our victims live in Williamson County, and that is going to be my first choice. How are your juries on 30 year old men that rape 3 young girls at the age of 5? | |||
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Welcome to Prosecutor Disneyland. And we have a nice La Quinta overlooking the San Gabriel River. Let me know if it happens, and we will make sure you have all you need. | |||
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JB's right, his office AND county will take care of all your needs. He has one of the top staffs in the State, if not the country! Assisting fellow prosecutors is their mantra, and I thank them for all the literally countless times that their advice has made the difference in my prosecutions. On top of their helpful nature, every prosecutor in their office is a legal scholar and tactically skilled trial lawyer. Can you say life? In Williamson County, the juries can on violent first degree crimes. If venue is changed to Williamson, there is always that chance you will get "the note" when the jury is deliberating punishment. You know what "the note" is, don't you? It's that wonderful "Which is more, 99 years or life?" note that punishment juries often send on heinous cases. | |||
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Note: GG receives no additional compensation for his comments regarding the functioning of offices outside his jurisdiction. | |||
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Nor am I seeking a job. It's just the Williamson County DA's office does set the gold standard. | |||
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