IN THE FIFTIETH JUDICIAL DISTRICT, PARISH OF PEINE DE MORT
STATE OF LOUISIANA
No. _____

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STATE OF LOUISIANA, Plaintiff
v.
JOHN CLIENT, Defendant

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MOTION TO LIMIT REBUTTAL ARGUMENT

COMES NOW, JOHN CLIENT, by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, and Article 1, Sections 2, 3, 5, 13, 14, 16 & 17 of the Louisiana Constitution to either eliminate the prosecutor's rebuttal closing argument altogether or at least limit to its proper purpose. In support of his motion, Mr. CLIENT states as follows:

1. Mr. CLIENT has set forth the rules governing closing argument in some detail in the preceding motion. In rebuttal, these same rules apply, with the addition of the very important limitation that the state is only allowed to rebut what the defense mentioned in closing: "The state's rebuttal shall be confined to answering the argument of the defendant." State v. Knighton, 436 So. 2d 1141, 1152 (La. 1983) (quoting La. C. Cr. Pro. art. 774).
2. A review of the practice of this District Attorney's Office reveals that the privilege of rebuttal has often been abused. For example, in prior capital cases, the entire opening argument has lasted as little as one page of transcript. The prosecutor has then waited until the defense has made an argument, and then given the entire state closing after the defense has no further opportunity to speak. This kind of abuse should result in the state forfeiting its privilege of closing last.
WHEREFORE, Mr. CLIENT moves that his motion be granted, and that this Court either eliminate the prosecution's rebuttal argument altogether, or at least limit it to its intended purpose, and adhere strictly to the rule that rebuttal should last no more than half as long as opening.
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