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2d 944 1976 White J. concurring. 2. Because the attorneys outline what they expect the evidence to show during the voir dire process it is important that the rule be invoked prior to voir dire to avoid the witnesses being tainted. WHEREFORE moves that his motion be granted. Respectfully submitted Attorney for Defendant CERTIFICATE I do hereby certify that I have on this day delivered by hand a true and correct copy of the foregoing Motion of Defendant to This day of. IN THE CIRCUIT COURT OF...COUNTY NAME OF PLAINTIFF V. NAME OF DEFENDANT NO. MOTION TO INVOKE THE RULE PRIOR TO VOIR DIRE AND TO ENJOIN THE DISTRICT ATTORNEY FROM ADVISING WITNESSES OF PREVIOUS TESTIMONY COMES NOW by counsel and moves this Court pursuant to the Fourth Fifth Sixth Eighth and Fourteenth Amendments to the United States Constitution and Article Sections of the Constitution to invoke the rule of witness sequestration prior to voir dire and to enjoin the prosecuting attorney from advising witnesses of either...their own or other witnesses previous testimony. Such misconduct only serves to reduce the reliability of the fact-finding process and violate the purpose of the rule--which is to preclude the tainting of witnesses testimony by the influence of investigators or other witnesses. In support of his motion states as follows 1. It is imperative that witnesses not discuss the case with other people so that they can get the story straight. See Miss. R* Ev* 615 Miss. Unif* Crim* Ct. R* 5. 09. As the...Supreme Court held in Douglas v* State 525 So. 2d 1312 Miss. 1988 We agree with Appellant s contention that it does no good to sequester witnesses if someone is going to relate testimony to them anyway. On the other hand we recognize that attorneys need to consult with their witnesses in order to prepare them to testify. Preparing them however does not mean relating other admonish trial judges to be aware of the possibility that the prepping their witnesses. Id. at 1319 emphasis supplied...citation omitted. Since this is to be a capital prosecution even more exacting standards must be met to assure that it is fair. The fundamental respect for humanity underlying the Eighth Amendment s prohibition against cruel and unusual punishment gives rise to a special need for reliability in the determination that death is the appropriate punishment in any capital case. Johnson v* 486 U*S* 578 584 108 S* Ct. 1981 100 L* Ed. 2d 575 1988 quoting Gardner v* Florida 430 U*S* 349 363-64 97 S* Ct....1197 51 L* Ed. 2d 393 1977 quoting Woodson v* North Carolina 428 U*S* 280 305 96 S* Ct. 2978 49 L* Ed. See Miss. R* Ev* 615 Miss. Unif* Crim* Ct. R* 5. 09. As the Supreme Court held in Douglas v* State 525 So. 2d 1312 Miss. 1988 We agree with Appellant s contention that it does no good to sequester witnesses if someone is going to relate testimony to them anyway. 2d 1312 Miss. 1988 We agree with Appellant s contention that it does no good to sequester witnesses if someone is going to relate...testimony to them anyway. On the other hand we recognize that attorneys need to consult with their witnesses in order to prepare them to testify.

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US-00798 is a standard form used for reporting specific financial data to governmental agencies.

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Last updated on Feb 20, 2026

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