Evidence

• Author: Robert Gill/Mark G. Daniel
• Pages: 229-272

16-1

CHAPTER 16

EVIDENCE

I. Business Records

§16:01 Rules of Evidence

§16:02 Rules of Civil Procedure

§16:03 In General

§16:04 Self-Authentication

§16:05 Requirements of Affidavit

II. Certificate of Analysis

§16:10 Statutory Law

§16:11 General Points

III. Chain of Custody Affidavit

§16:20 Statutory Law

§16:21 General Points

IV. Forensic Examination

§16:30 Statutory Law

§16:31 Forensic Examination of Computers

V. Preserving Evidence

§16:40 Statutory Law

§16:41 General Points

§16:42 Destruction of Evidence

§16:43 Preserving Prospective Evidence

§16:43.1 Statutory Law

§16:44 Testing of Biological Evidence in Death Penalty Cases

TEXAS CRIMINAL FORMS 16-2

VI. Statements Inculpating Co-Defendant

§16:50 General Points

VII. Testimony From Inmate by Electronic Means

§16:60 Statutory Law

§16:61 General Points

VIII. Hearsay Statements

A. Outcry Statements

§16:70 Statutory Law

§16:71 Victims Include Children and Persons With a Disability

§16:72 Forfeiture by Wrongdoing

§16:72.1 Statutory Law

§16:72.2 General Points

IX. Electronic Evidence

§16:80 Admissibility of Electronic Evidence

§16:81 Statutory Law

X. Forms

Form 16-1.1 Notice of Intent to Introduce Business Records Through Affidavit

Form 16-1.2 Notice to (State or Defendant) of Intent to Introduce Business Records Through

Affidavit

Form 16-1.3 Motion for Release of Drug and/or Alcohol Treatment Records

Form 16-2 Business Records Affidavit

Form 16-3 Art. 38.41 Certificate of Analysis

Form 16-4 Notice of Intent to Use Certificate of Analysis

Form 16-5 Objection to Use of Certificate of Analysis at Trial

Form 16-6 Chain of Custody Affidavit

Form 16-7 Notice of Intent to Use Chain of Custody Affidavit at Trial

Form 16-8 Objection to Use of Chain of Custody Affidavit at Trial

Form 16-9 Motion to Suppress Evidence of Forensic Analysis

Form 16-10 Brief in Support of Pre-Trial Motion to Suppress Forensic Testing

Form 16-11 Motion for Preservation of Evidence

Form 16-12 Defendant’s Brief in Support of Motion for Preservation of Evidence

Form 16-13 Notice of Destruction of Evidence

Form 16-14.1 Waiver of Preservation of Evidence

Form 16-14.2 Receipt for Evidence

Form 16-14.3 Motion for Dismissal Due to Destruction of Material Evidence

Form 16-14.4 Law Enforcement Preservation Letter

Form 16-14.5 Motion to Meet and Confer to Determine Evidence That Constitutes Biological

Evidence for DNA Testing

Form 16-14.6 Motion for Hearing to Determine Evidence for DNA Testing

Form 16-14.7 Defendant’s Motion for Bench Notes of DNA Testing Due to Destruction or Loss of

Evidence

Form 16-15 Statement Inculpating Co-Defendant

Form 16-16 Motion for Inmate to Testify by Video Teleconferencing System

Form 16-17 Request for Notice of Outcry Statement of Disabled Person

16-3 EVIDENCE

Form 16-18 State’s Notice of Intent to Use Outcry Evidence of Person With Disability

Form 16-19 Motion for Hearing Outside Presence of Jury Under Art. 38.072

Form 16-20 Motion in Limine (Evidence of Outcry Statement of Person With Disability)

Form 16-21.1 Motion to Present Evidence of Forfeiture by Wrongdoing

Form 16-21.2 Motion in Limine on Evidence of Alleged Forfeiture by Wrongdoing

Form 16-22 Objection to Admissibility of Electronically Preserved Document