Defendant’s Motion for the Court to Decide Jurors’ Exemptions, Excuses and Disqualifications Pursuant to Art. 35.03

DEFENDANT’S MOTION FOR THE COURT TO DECIDE JURORS’ EXEMPTIONS,

EXCUSES AND DISQUALIFICATIONS PURSUANT TO ART. 35.03

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW (name of Defendant), 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 personally hear and rule on all potential jurors’ exemptions, excuses and disqualifications pursuant to Art. 35.03; and would show this Honorable Court as follows:

I.

The Defendant is charged with the offense of capital murder. The State of Texas has given notice that it will seek the death penalty in this case.

II.

Under Tex. Code Crim. Pro. Art. 35.03, the Defendant is entitled to have the District Court hear and rule on each potential jurors’ exemptions, excuses and disqualifications. Under art. 35.03 this duty cannot be delegated to any other person or entity.

III.

The intent of the statute is to allow the Defendant to be present for each instance where a potential juror...