Motion to Suppress Statement Voluntariness by DeanSampson

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									                                           No. 000000

THE STATE OF TEXAS                              §     IN THE DISTRICT COURT OF
                                                §
vs.                                             §     HARRIS COUNTY, TEXAS
                                                §
JEAN VALJEAN                                    §     999th JUDICIAL DISTRICT

                  MOTION TO SUPPRESS STATEMENT (Jackson v. Denno)

TO THE HONORABLE JUDGE OF SAID COURT:

        NOW COMES JEAN VALJEAN, Defendant herein, and files his Motion to

Suppress Evidence, and moves the Court to suppress any and all evidence seized as a

result of an illegal interrogation, and requests a hearing, and would show unto the Court

the following:

                                                I.

        Defendant was arrested without a warrant. While in police custody, he was

interrogated at gunpoint and told he would have to attempt to swim the bayou if he did

not confess. Defendant, out of fear for his life and safety, did make a statement which

was reduced to writing and signed by Defendant.

                                               II.

         The admission into evidence of the statements elicited in such custodial

interrogation would violate Tex. Code Crim. Pro. Ann. art. 38.22, 38.23, and requests a

hearing under Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964).

                                               III.

        Defendant requests that the Court hold an evidentiary hearing on this Motion prior

to the trial of this cause.
       WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court

hold a hearing on this Motion and at the conclusion of same, grant this Motion and enter

an order suppressing any and all evidence seized or obtained as a result of the custodial

interrogation of Defendant.



                                            Respectfully submitted,



                                            ___________________________
                                            Daniel Webster
                                            Attorney for Defendant
                                            SBN
                                            Address
                                            Phone Number
                                            FAX #


                               CERTIFICATE OF SERVICE

      This is to certify that a true and correct copy of the above and foregoing Motion
was hand-delivered to the District Attorney’s Office on this the _____ day of
____________________, 2003.



                                            __________________________
                                            Daniel Webster
                                        No. 000000

THE STATE OF TEXAS                                §    IN THE DISTRICT COURT OF
                                                  §
vs.                                               §    HARRIS COUNTY, TEXAS
                                                  §
JEAN VALJEAN                                      §'   999th JUDICIAL DISTRICT

                     ORDER ON MOTION TO SUPPRESS EVIDENCE

       Upon the foregoing Motion to Suppress Evidence, it is hereby:

       ORDERED that such Motion is in all things GRANTED; and it is further

       ORDERED that statements made by Defendant while in police custody as

described in such Motion are hereby suppressed. It is further

       ORDERED that the attorney for the State not mention, refer to or attempt to elicit

any evidence of such statements in the trial of this case.

       SIGNED this ______ day of __________________, 2003.




                                               _____________________________
                                                     JUDGE PRESIDING

								
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