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Things to Say and Cite to Oppose In-Person Trials

(Complete Briefing in “Motion for Continuance of In-Person Jury Trial” available on TCDLA’s COVID-19 Website)

|Topic |What to Say |Laws to Cite |

|Effective Assistance of Counsel |In-person trial during a pandemic amounts to the constructive denial of counsel |U.S. Constitution, Sixth Amendment |

| | |Texas Constitution, Art. I § 10 |

| | |United States v. Chronic, 466 U.S. 648 (1984) |

| |Counsel’s abilities to perform basic trial functions are undermined by the necessary COVID-19 |“ |

| |protocols | |

| |Counsel’s ability to consult with Defendant during trial will be impeded |Geders v. United States, 425 U.S. 80 (1976) |

|Confrontation |D will not be able to confront witnesses against him if the witnesses are wearing masks |U.S. Constitution, Sixth Amendment |

| | |Texas Constitution, Art. I § 10 |

|Compulsory Process |D will not be about to exercise his right to compulsory process if D’s witnesses are too scared to|U.S. Constitution, Sixth Amendment |

| |come to court |Texas Constitution, Art. I § 10 |

| |If D attends trial with a mask, the jury may infer a villainous character |U.S. Constitution, Sixth & Fourteenth Amendments |

| |If D attends trial without a mask, the jury may resent D for not following the Governor’s orders | |

| |and standard protocols | |

|Jury Composition |Jury summonses issued during the pandemic will not produce a lawful cross-section of the community|U.S. Constitution, Sixth Amendment |

| | |Texas Constitution, Art. I § 10 |

|Attentive Jurors |Jurors will not be able to devote their full attention to trial if they’re worried about their own|Tanner v. United States, 483 U.S. 107 (1987) |

| |health or the health of a loved one | |

|Pleading Guilty |Denial of the continuance means D has to choose between D’s right to trial and D’s personal |Brady v. United States, 397 U.S. 742 (1970) |

| |safety, which compromises D’s decision making ability regarding pleading guilty | |

|State is Putting People in Position of |D ought not be forced to expose himself/herself to COVID-19 because he/she is being forced to |U.S. Constitution, Sixth & Fourteenth Amendments |

|Danger |trial | |

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