Motion to Require State to Exercise Challenges Pursuant to Art. 35.13

DEFENDANT’S MOTION TO REQUIRE STATE TO EXERCISE CHALLENGES PURSUANT TO ART. 35.13

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 require the State of Texas to exercise its voir dire challenges pursuant to Art. 35.13; 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. 35.13, the Defendant is entitled to have the District Court require the State of Texas to exercise both its challenges for cause and its peremptory challenges prior to the Defendant being required to exercise his challenges for cause or peremptory challenges.

III.

The statute provides a tactical advantage to the Defendant in that the Defendant is allowed by statute to not exercise...