Challenge to the Array

DEFENDANT’S CHALLENGE TO THE ARRAY

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the Defendant in the above entitled and numbered cause, by and through his attorney of record, (name of the Defendant’s attorney of record), and respectfully moves this Honorable Court to quash the array of veniremen summoned in this case; and in support thereof would show the Court as follows:

I.

This Challenge is made before the Court has interrogated any of those summoned as to their qualifications. See Tex. Code Crim. Pro. Art. 35.06.

II.

The officer summoning the venire has willfully summoned veniremen with a view to securing a conviction. See Tex. Code Crim. Pro. Art. 35.07.

III.

There were veniremen summoned pursuant to this venire who have been irregularly excused or are otherwise absent because of the error of the officer summoning the venire. The Defendant is requesting process of the Court to require the absent veniremen to appear and therefore an attachment of each absent venireman is requested.

—OR—

III.

The jury venire was selected pursuant to the electronic and mechanical method of selection as approved by order of the Commissioners Court of (name of county) County adopting a plan for the selection of names of persons for jury service with the aid of electronic or mechanical equipment instead of drawing names from a jury wheel. The plan authorized by the Commissioners Court of (name of county) County is not in conformance with the statutory requirements of Tex. Gov’t. Code §62.011.

—OR—

III.

Certain individual veniremen summoned for this venire have been excused upon their exercise of exemption pursuant to Tex. Gov’t. Code §62.106. The Defendant would specifically object to such veniremen being excused and further requests attachment of such veniremen due to the fact that establishment of such exemptions were not in compliance with Tex. Gov’t. Code Chapter 62.

IV.

The Defendant will show that the method employed by the officer summoning the venire systematically and arbitrarily excluded a cognizable protected class from selection to this venire. The Defendant will accomplish this through...