CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been hand delivered to the District Attorneys Office by HC12080805291

VIEWS: 123 PAGES: 3

									                                      CAUSE NO. 2002-043

STATE OF TEXAS                                §               IN THE 4TH DISTRICT COURT
                                              §
VS.                                           §               IN AND FOR
                                              §
ELZIE LEE MOORE                               §               RUSK COUNTY, TEXAS

                              MOTION FOR SPECIAL VENIRE

TO THE HONORABLE JUDGE OF SAID COURT:

       Elzie Lee Moore, defendant in the above-entitled and numbered criminal action, moves for

the Court to order a special venire. In support, the defendant will show the following.

       The defendant is charged with the offense of Capital Murder and is incarcerated. The

defendant hereby requests the court order that a special venire be issued pursuant to Tex. Code

Crim. Proc. Art. 34.01, et. seq. for the summons of prospective jurors for the trial of the

above-entitled criminal action.

       The defendant would further show that if a special venire is not issued or called for in this

case, the defendant will be deprived of the protections and safeguards of the Fifth, Sixth and

Fourteenth Amendments to the U.S. Constitution, and Art. 1, Section 10 of the Texas Constitution.



       WHEREFORE, PREMISES CONSIDERED, the defendant prays that the court grant his

motion in all things.




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                                                      Respectfully submitted,



                                                      ____________________________________
                                                      R. Kent Phillips
                                                      Texas State Bar No. 15940900
                                                      428 N. Fredonia
                                                      Longview, Texas 75601
                                                      Telephone (903) 758-4740
                                                      Facsimile (903) 757-7214

                                                      Eric M. Albritton
                                                      Texas State Bar No. 00790215
                                                      Elizabeth L. DeRieux
                                                      Texas State Bar No. 05770585
                                                      ALBRITTON LAW FIRM
                                                      P.O. Box 2649
                                                      Longview, Texas 75606-2649
                                                      Telephone (903) 757-8449
                                                      Facsimile (903) 758-7397

                                                      ATTORNEYS FOR THE DEFENDANT


                                 CERTIFICATE OF SERVICE

         I hereby certify that a true and correct copy of the above and foregoing document has been

hand delivered to the District Attorneys’ Office, on this the _____ day of _______________,

200__.




                                                      ____________________________________
                                                      Eric M. Albritton




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                                      CAUSE NO. 2002-043

STATE OF TEXAS                                   §          IN THE 4TH DISTRICT COURT
                                                 §
VS.                                              §                               IN AND FOR
                                                 §
ELZIE LEE MOORE                                  §                  RUSK COUNTY, TEXAS


                                             ORDER

       BE IT REMEMBERED, that on the ______day of _________________________,200__,

came to be considered the above Motion for Special Venire. After consideration of the motion, it

is the opinion of the court that defendant's motion be:

       GRANTED         ________

       DENIED          ________



                                                      ____________________________________
                                                      JUDGE PRESIDING




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