Motion Bank # M-3016 (Re: F 2.004 n11 [Motion To Permit Jury View].)
CAVEAT: The file below was not prepared by FORECITE. FORECITE has not made any attempt to review or edit this material and is not responsible for its content or format. FORECITE cannot guarantee the information is complete, accurate or up-to-date. You are advised to conduct your own independent, comprehensive research on all issues addressed in the material below.
LAW OFFICES OF RONALD ROE
RONALD ROE
2000 Elm Street
Anycity, California 95401
(707) 555-1212
Attorney for Defendant
JOHN DOE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF _____
PEOPLE OF THE STATE OF CALIFORNIA, NO. SCR-00000
Plaintiff, NOTICE OF MOTION TO
vs. PERMIT JURY VIEW
JOHN DOE, Date:
Time:
Defendant. Dept:
____________________________________/
TO: THE DISTRICT ATTORNEY OF _________ COUNTY:
PLEASE TAKE NOTICE that on the ____ day of ____, ____, at the hour of _____ or as soon thereafter as the matter may be heard in the courtroom of Department ____ of the above-entitled court, the defendant will move for an order that the jury be conducted in a body to view the place in which the offense is alleged to have been committed, 1000 Anystreet, Anycity.
The motion will be based on this notice of motion, the memorandum of points and authorities served and filed herewith, on the records on file in this action, and on such oral and documentary evidence as may be presented at the hearing on the motion.
Dated:
_________________________
RONALD ROE
Attorney for Defendant
JOHN DOE
LAW OFFICES OF RONALD ROE
RONALD ROE
2000 Elm Street
Anycity, California 95401
(707) 555-1212
Attorney for Defendant
JOHN DOE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF _____
PEOPLE OF THE STATE OF CALIFORNIA, NO. SCR-00000
Plaintiff, POINTS AND AUTHORITIES IN SUPPORT OF MOTION
vs. TO PERMIT JURY VIEW
JOHN DOE, Date:
Time:
Defendant. Dept:
___________________________________/
Defendant JOHN DOE submits the following points and authorities in support of his motion to permit the jury to view the place where the offense is alleged to have occurred, 1000 Anystreet, Anycity:
I
STATEMENT OF FACTS
At the time of the preliminary hearing, it was adduced that the incident occurred in the front yard at 1000 Anystreet, Anycity, and that the activity leading up to the incident involving the five involved persons all happened in an area approximately 12′ x 20′ (Det. Joe Smith’s testimony, RT I, p. 20, ll. 23-28; p. 21, ll. 1-10.) It was also adduced that the incident occurred in a very brief period of time; Mr. T estimated the entire event occurred in about five minutes (RT II, p. 333, ll. 3-8.) Mr. S testified that “it was so quick. It was quick” (RT III, p. 53, ll. 3-4.). Ms. B testified that between the time that Mr. S grabbed Mr. T and she heard the door slam was only about “15, 30 [seconds] …It was quick” (RT III, p. 86, ll. 9-17.)
Additionally, much testimony focused on the various locations in which the witnesses were allegedly located during the incident, the respective vantage points, and where items of evidence were found. Specifically, the respective vantage points of Mr. T, Ms. B, and Mr. S are relevant to assessing the credibility and veracity of their observations.
Defendant respectfully requests that the jury be permitted to view the scene of the incident, in that it may assist them in understanding the witnesses’ testimony and perspectives more clearly.
II
STATEMENT OF THE LAW
PENAL CODE § 1119 AUTHORIZES THE TRIAL
COURT TO PERMIT A JURY VIEW
Penal Code § 1119 authorizes the trial court to determine whether the jury should view the place in which the offense was committed or other personal property which cannot be brought into the courtroom.
Penal Code § reads in pertinent part:
“When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, or any personal property which has been referred to in the evidence and cannot conveniently be brought into the courtroom, it may order the jury to be conducted in a body … to the place, or to such property …”
When the purpose of the view is to test the veracity of a witness’s testimony about observations the witness made, the trial court may properly consider whether the conditions for the jury view will be substantially the same as those under which the witness made the observations, whether there are other means of testing the veracity of the witness’s testimony, and practical difficulties min conducting a jury view. (People v. Price (1991) 1 Cal.4th 324, 421-422, 3 Cal.Rptr.2d 106; People v. Mooring (1982) 129 Cal.App.3d 453, 460, 181 Cal.Rptr. 71.)
In this case, there have be no substantial changes to the property at 1000 Anystreet and conditions will be the same; the incident occurred between 2:00 and 2:15 in the afternoon, during regular court hours; Anystreet is located off of West Anyavenue, a few blocks from the intersection of West Road, East Road and North Road, which is not too remote from the Hall of Justice and would be a relatively short trip for the jurors (Please refer to page 128 and 129 of the Thomas Bros. Map, attached hereto as Exhibit “A.”) Therefore, there would be little or no difficulty in permitting a jury view of the scene.
III
CONCLUSION
For the reason stated above, defendant JOHN DOE respectfully requests that the court grant his motion for a jury view of the scene of the incident.
Dated:
Respectfully submitted,
__________________________
RONALD ROE
Attorney for Defendant
JOHN DOE
