Self-incrimination
Author | Robert K. Gill/Mark Daniel |
Pages | 249-310 |
SELF-INCRIMINATION
5-1
CHAPTER 5
SELFINCRIMINATION
I. GENERAL POINTS: SELFINCRIMINATION AND WAIVER
§5:01 Constitutional and Statutory Provisions
§5:02 Fifth Amendment Applies
§5:03 Fifth Amendment Does Not Apply
§5:04 Fifth Amendment Waived by Presenting Evidence
§5:05 Fifth Amendment Waived by Agreement
II. HANDWRITING AND FINGERPRINTING
§5:10 Handwriting Exemplars
§5:11 Fingerprinting Defendant
III. LIMITING SCOPE OF CROSSEXAMINATION OF DEFENDANT
A. Limiting Scope on Preliminary Issues
§5:20 The Rule
§5:21 Motion to Limit Scope of Cross-Examination at Pre-Trial Hearings
§5:22 Motion to Limit Cross-Examination on Preliminary Issues
B. Hearings on Preliminary Mat ters
§5:30 Conducted Out of Presence of Jury When Requested
§5:31 Motion to Conduct Hearing Out of Presence of Jury
C. Limiting Scope at Trial
§5:40 Preventing Use of Defendant’s Previous Testimony at Trial
§5:41 Motion in Limine to Prohibit Use of Defendant’s Previous Testimony
IV. IMMUNIT Y AGREEMENTS
§5:50 Purpose of Immunity Agreements
§5:51 Authority for Immunity Agreements
§5:52 Statutory Immunity Provisions
§5:53 State’s Application for Use and Derivative Use Immunity
§5:54 Agreements for Use and Derivative Use Immunity
§5:55 Defendant’s Motion for Grant of Immunity
§5:56 Enforcing a Grant of Immunity
§5:57 Suppressing Statements and Evidence Obtained Under Immunity Agreement
§5:58 Motion in Limine to Prevent Use of Testimony and Evidence Obtained Under
Immunity Agreement
V. POSTARREST SILENCE
§5:60 Defendant’s Post-Arrest Silence
§5:61 Motion in Limine to Prevent Use of Post-Arrest Silence
SELF-INCRIMINATION
Texas Criminal Forms 5-2
§5:62 Witness’s Invocation of Fifth Amendment
§5:63 Motion in Limine—Witness Invoking Fifth Amendment
§5:64 Fifth Amendment Protections and Technology
VI. CONFIDENTIAL COMMUNICATIONS
§5:70 Authority
§5:71 Motion to Suppress Privileged Communications
§5:72 Motion to Invoke Privilege Out of Presence of Jury
§5:73 Motion in Limine Prohibiting Mention of Privileged Communications
VII. SUPPRESSING EVIDENCE OBTAINED THROUGH FIFTH AMENDMENT VIOLATIONS
A. General Points
§5:80 Fifth Amendment Law in General
§5:81 Motion to Suppress Due to Fifth Amendment Violation
B. Psychiatric Testimony
§5:90 Suppressing Psychiatric Testimony Due to Fifth Amendment Violation
§5:91 Motion to Suppress Psychiatric Testimony Due to Fifth Amendment Violation
C. Documents
§5:100 Suppressing Documents Obtained Through Fifth Amendment Violations
§5:101 Suppressing Documents Obtained in Violation of Fifth Amendment
§5:102 Dismissal of Charges Due to Fifth Amendment Violation
§5:103 Motion to Dismiss Due to Fif th Amendment Violation
§5:104 Motion in Limine Evidence Obtained Due to Fif th Amendment Violation
D. Garrity Rights
§5:110 Garrity Rights
§5:111 Case Law
VIII. FORMS
Form 5-1.1State’s Motion to Order Defendant to Submit to Mental Status Examination
and Alternative Motion to Exclude Defendant’s Mental Status Evidence
Form 5-1.2Agreement to Waive Fifth Amendment
Form 5-1.3Memo of Understanding Regarding Client’s Fifth Amendment Rights
Form 5-1.4Motion To Seal Memo Between Client and Counsel
Form 5-2Handwriting Exemplar
Form 5-3State’s Motion to Fingerprint Defendant
Form 5-4Motion to Limit Scope of Cross-Examination at Pre-Trial Hearings
Form 5-5Rule 104(d) Motion to Limit Scope of Cross-Examination
Form 5-6Motion in Limine to Prohibit Use of Defendant’s Previous Testimony
Form 5-7.1Proffer Interview Conditions
Form 5-7.2State’s Application for Use and Derivative Use Immunity
Form 5-8Agreement for Use and Derivative Use Immunity
Form 5-9Defendant’s Motion for Grant of Immunity
Form 5-10.1Defendant’s Motion to Enforce Immunity Agreement
Form 5-10.2State’s Motion to Compel Testimony and Grant Use Immunity
Form 5-11Motion to Suppress Statements and Evidence Obtained Under Immunity Agreement
Form 5-12Motion in Limine to Prevent Use of Testimony and Evidence
Obtained Under Immunity Agreement
Form 5-13Motion in Limine to Prevent Use of Post-Arrest Silence
Form 5-14.1Motion in Limine—Witness Invoking Fifth Amendment
Form 5-14.2Motion to Suppress Search of Encrypted or Password-
Protected Device Due to Fifth Amendment Violation
Form 5-14.3Motion in Limine Prohibiting Mention of Defendant’s
Refusal to Reveal Password or Decryption
Form 5-15Motion to Suppress Privileged Statements
SELF-INCRIMINATION
5-3 Self-Incrimination
Form 5-16Defendant’s Brief in Support of Motion to Suppress Privileged Statements
Form 5-17Motion to Invoke Privilege Out of Presence of Jury
Form 5-18Motion in Limine Prohibiting Mention of Privileged Communications
Form 5-19Motion to Suppress Due to Fifth Amendment Violation
Form 5-20Defendant’s Brief in Support of Motion to Suppress
Statement Due to Fifth Amendment Violation
Form 5-21Suppression of Psychiatric Testimony Due to Fifth Amendment Violation
Form 5-22Motion to Suppress Documentary Evidence Obtained in Violation of Fifth Amendment
Form 5-23Motion to Dismiss Due to Fifth Amendment Violation
Form 5-24Motion in Limine (Evidence Obtained Due to Fifth Amendment Violation)
Form 5-25Application for Writ of Habeas Corpus To Dismiss Indictment
Form 5-26Motion To Recuse Criminal District Attorney’s Office From Proceedings
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