Child Abuse Cases

• Author: Robert Gill/Mark G. Daniel
• Pages: 273-332

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CHAPTER 17

CHILD ABUSE CASES

I. Designation of Primary Offense

§17:01 General Points

§17:02 Defendant Is Entitled to Notice of Specific Act

§17:03 State May Be Required to Elect Primary Act

II. Quashing Child Abuse Indictments

A. Failure to Afford Grand Jury Consideration

§17:10 Statutory Law

§17:11 General Points

§17:12 Appellate Review

B. Failure to Allege a Specific Date

§17:20 Statutory Law

§17:21 Specific Date Not Required

§17:22 Date Must Be Before Indictment

III. Discovery

A. General Points

§17:30 Discovery Motions Are Important for Defense

§17:31 Purpose of Requests for Notice

B. Request for Notice of Extraneous Sexual Offenses

§17:40 Statutory Law

§17:41 General Points

§17:42 File Request Rather Than Motion

C. Hearing Outside Jury’s Presence on Extraneous Offenses

§17:50 General Points

§17:51 Balancing Test and Preliminary Finding

TEXAS CRIMINAL FORMS 17-2

D. Request for Notice of Outcry Statement

§17:60 Statutory Law

§17:61 General Points

§17:62 Motion in Limine Evidence of Outcry Statement

IV. Recorded Statements and Closed-Circuit Television

§17:70 Statutory Law

§17:71 Rules are Numerous and Confusing

§17:72 Videotaped Evidence

§17:73 Motion for Interrogatories

§17:74 Closed-Circuit Television

§17:75 Recorded Oral Statement

§17:76 Motion in Limine Article 38.071 Evidence

V. Competency of Child Witnesses to Testify

§17:80 Statutory Law

§17:81 General Points

§17:82 Factors to Determine Competency

§17:83 Competency Evaluation and Hearing

§17:84 Appellate Review

VI. Double Jeopardy and Child Abuse Cases

§17:90 Statutory Law

§17:91 General Points

VII. Obtaining Department of Family and Protective Services (DFPS ) Records

§17:100 Statutory Provisions

§17:101 General Points

VIII . Punishment Enhancements

§17:110 Statutory Law

§17:111 Quashing Enhancement Allegations

IX. Forms

Form 17-1 Motion to Designate Primary Offense

Form 17-2 Defendant’s Brief in Support of Motion to Designate Primary Offense

Form 17-3 Motion to Quash Indictment for Failure to Afford Grand Jury Consideration

Form 17-4 Defendant’s Brief in Support of Motion to Quash Indictment for Failure to Afford

Grand Jury Consideration

Form 17-5 Motion to Quash the Indictment for Failure to Allege a Specific Date

Form 17-6 Defendant’s Request for Notice of Extraneous Offenses

Form 17-7 State’s Notice of Intent to Introduce Extraneous Offenses or Bad Acts

Form 17-8 Motion for Hearing Outside Presence of Jury on Extraneous Offenses

Form 17-9 Request for Notice of Outcry Statement

Form 17-10 State’s Notice of Intent to Use Outcry Evidence

Form 17-11.1 Motion for Hearing Outside Presence of Jury Under Art. 38.072

Form 17-11.2 Motion in Limine (Evidence of Outcry Statement)

Form 17-12 Motion to Suppress Evidence Under Art. 38.071

Form 17-13 Motion for Hearing Outside Presence of Jury Under Art. 38.071

Form 17-14 Motion for Interrogatories Under Art. 38.071 §2

Form 17-15 Motion to Use Closed-Circuit Television Under Art. 38.071

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Form 17-16 Motion to Suppress Closed-Circuit Television Testimony Under Art. 38.071

Form 17-17 Motion for Hearing Outside Presence of Jury on Use of Closed-Circuit Television

Form 17-18 State’s Motion to Take Deposition Under Art. 38.071 §4(c)

Form 17-19 Request for Notice of Recorded Oral Statement of Child

Form 17-20 State’s Notice of Existence of Recorded Oral Statement

Form 17-21 Motion to Use Recorded Oral Statement Under Art. 38.071 §5(a)

Form 17-22.1 Defendant’s Motion for Recording of Cross-Examination of Child Under

Art. 38.071 §5(b)

Form 17-22.2 Motion in Limine (Article 38.071 Evidence)

Form 17-23 Motion to Require Child Witness to Testify Before Jury

Form 17-24 Motion to Determine Competency of Witness to Testify

Form 17-25.1 Motion to Conduct Competency Hearing Outside of Presence of Jury

Form 17-25.2 Motion to Address Testimony of Child Witness

Form 17-25.3 Motion to Allow Child Witness to Have Comforting Item or Support Person During

Testimony

Form 17-26 Pre-Trial Application for Writ of Habeas Corpus Seeking Relief From Double

Jeopardy and Motion to Dismiss the Indictment (Based on Previously Proven Conduct)

Form 17-27 Defendant’s Special Plea of Double Jeopardy

Form 17-28 Motion for Discovery of DFPS Records

Form 17-29 DFPS Records Request Form

Form 17-30 Motion to Quash Enhancement Allegation