EXHIBITF

Motion For Voir Dire Of Expert Witness

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes John Doe, Defendant in the above styled and numbered cause, and moves this Court to conduct a hearing prior to trial and outside the presence of the jury to determine the preliminary question of the qualification of all expert witnesses upon which the state intends to rely at trial , and to determine the underlying facts and data upon which their opinions are based, and for good cause shows the following: l. John Doe expects the state to rely upon specific expert witnesses to testify as to certain facts at trial , which may prove necessary in proving its case.

2. These specific expert witnesses are listed as follows: a. **

3. The burden of establishing the admissibility of an expert's opinion rests on the party offering the evidence.

4. Whether the proffered witness possesses the requisite qualifications is a preliminary matter for the trial court to decide and not a matter of weight only to be determined by the jury.

5. The party offering such evidence also bears the burden of establishing the relevance of the proffered and / or proposed evidence and testimony to be offered during trial. Moreover , as a State sponsored witness and proponent of said proffered and / or proposed evidence and testimony , the State and its witness must establish the relevance of said evidence and testimony under Texas Rules of Evidence 40 I and 402 , and that the probative value outweighs the danger of one or more of the following; (1) unfair prejudice, (2) confusing the issues. (3) misleading the jury , (4) undue delay , or (5) needlessly presenting cumulative evidence. See Texas Rules of Evidence 401 and 402. Specifically , the Court when undertaking an analysis of this TRE 403 balancing test, based on this Motion and Defendant's obje'ction to said State sponsored evidence and testimony , Defendant would request that this Court consider and take this issue under advisement in accordance with the Texas Court of Criminal Appeals' opinion in Gigliobianco v. State , (which outlines the specific criteria for completing said TRE 403 balancing test analysis), and Mazon v. State , which requires said analysis by the trial court upon Defendant ' s objection. See Gigliobianco v. State, 210 S.W.3d 637, 641-642 (Tex. Crim. App. 2006); See Generally Mozon v. State, 911 S.W.2d 841 (Tex. Crim. App. 1999).

6. John Doe requests a hearing on the preliminary question concerning the expert's qualification pursuant to Rule 104(a) of the Texas Rules of Evidence.

7. In addition to the Rule I 04(a) hearing , John Doe is entitled to a voir dire examination out of the hearing of the jury "to examine the expert about the underlying facts or data." See Texas Rules of Evidence 705(b ).

WHEREFORE, PREMISES CONSIDERED , John Doe respectfully prays that this Honorable Court grant this motion and order a voir dire hearing pursuant to Texas Rules of

Evidence 104(a) , 401 , 402 , 403 , and 705(b ) , with regards to the expert witnesses as designated by the State , wherein the Defendant raises an objection to same .

Respectfully s ubmitt ed ,

JESKO & STEADMAN

612 Earl Garrett

Kerrville, Texas 78028

Tel: (830) 257-5005

Fax: (830) 896-1563

By: ______________

Clay B. Steadman State Bar No. 00785038

jesksted

@ ktc .com Attorney for John Doe

Certificate Of Service

This is to certify that on * *** , 2017 , a true and correct copy of the above and foregoing document was served on the ***nd District Attorney's Office , ****, Texas **, by facsimile transmission to(***)***-****.

Clay B. Steadman

On January 5 , 2017 , came on to be considered John Doe's Motion for Voir Dire of Expert Witness , and said motion is hereby: