08 32 MOTION FOR FAIR OPPORTUNITY TO DEFEND

• Jurisdiction: Arkansas
• Library: Arkansas Form Book - Complete (2023 Ed.)

08-32 MOTION FOR FAIR OPPORTUNITY TO DEFEND

[CAPTION]MOTION FOR FAIR OPPORTUNITY TO DEFEND

Defendant moves the court to permit the defense to [state what defense seeks to do or the relief sought], and this is protected by the due process clauses of the Fourteenth Amendment to the U.S. Constitution or Ark. Const., art. 2, § 8, or both:

1. The defense in this case seeks permission from the court to [state what defense seeks to do or the relief sought].

2. This is necessary for the defense to have a fair opportunity to defend under the due process clauses of the state and federal constitutions.

3. "The right of an accused in a criminal trial to due process is, in essence, the right to a fair opportunity to defend against the State's accusations." Chambers v. Mississippi, 410 U.S. 284, 294 (1973). "Few rights are more fundamental than that of an accused...