CAUSE NO. 18-CCR-198995

STATE OF TEXAS	§	        IN THE COUNTY COURT 
	§
vs.	§	        AT LAW NO. 1 OF
	§	
__________________________ 	§	        FORT BEND COUNTY, TEXAS

DEFENDANT’S REQUEST FOR DISCOVERY AND BRADY MATERIAL
TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW, the above referenced Defendant, by and through the undersigned counsel, and respectfully requests, pursuant to Tex. Code Crim. Proc. Art. 39.14, the following designated items be provided to defense counsel as soon as practicable either by paper or electronic copy:
 
1.	All offense reports, and any supplement reports.
 
2.	All notes or writings (whether in paper or electronic form), other than formal offense reports contained in the foregoing request, of any law enforcement officer or employee made in relation to the present case or containing any fact related to the present case.  This includes, by way of example, but is not limited to, factual statements or summaries contained in DIMS reports or entries, hand written notes, daily work logs, surveillance logs and reports, and reports or documents generated in relation to any state or federal grant that any officer was participating in concerning this case.

3.	Any written or recorded statement of the Defendant.

4.	Any written or recorded statement of any witness.

5.	Any written or recorded statement of any law enforcement officer. This specifically includes any written or recorded statement made by any law enforcement officer to any other division of his agency, or any third party. 

6.	All documents contained in any case file maintained by law enforcement in relation to this case.

7.	Any document or material containing notations of any statement made by any witness or law enforcement officer that is inconsistent with any other statement of the witness or any other person related to this case.

8.	The criminal history of any witness or law enforcement officer related to this case.

9.	Any search or arrest warrant related to this case, including the affidavit in support of the warrant, the warrant, the return on the warrant, and any court orders issued in relation to the warrant, signed either before contemporaneously with, or after the signing of the warrant (this specifically includes any orders related to the disposition of any property seized pursuant to the warrant).

10.	Any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the state that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged pursuant to Tex. Code of Crim. Proc 39.14(h), and Brady v. Maryland, 373 U.S. 83 (1963) and related cases.

11.	Copies of all laboratory reports of all examination or analysis of any breath, blood, urine, hair, DNA, skin, or saliva sample obtained from the Defendant.  Request includes all items contained in standard blood or breath testing analysis orders.

12.	Evidence of any extraneous offenses under Tex.R.Evid. 609 and Tex Code of Crim. Proc. 37.07.  Such production to include evidence of any extraneous offense or act of misconduct which may be introduced by the Government at the time of this matter and which is alleged to have been committed by the Defendant.

13.	A copy of all audio and video recordings, photographs, charts, graphs, PowerPoint presentations, or any other tangible item the State intends to use for demonstrative purposes, introduce as evidence, or for any other use, during any phase of the trial in this case, not later than the 20th day before the date trial begins.

14.	All character evidence sought to be admitted by the State during the guilt/innocence and/or punishment phases of this case under Tex.R.Evid. 404 (a),(b) and (c)., and Tex Code of Crim. Proc. 37.07.

15.	A complete list of the names and addresses of any witness the State intends to call during any phase at trial, including expert witnesses under Texas Rules of Evidence 702, 703, and 705, not later than the 20th day before the date trial begins.

Article 39.14 makes the prosecuting attorney responsible for obtaining any requested document "in the possession, custody, or control of the state or any person under contract with the state."  "State," as used in this statute, includes any and every political subdivision of the State as well as all agencies of the State and any political subdivision.  Prosecutors have an affirmative duty to seek all requested items so that a copy may be provided pursuant to this request as required by Article 39.14.

Respectfully Submitted,

THIESSEN LAW FIRM

					  By:   _______________________________
MARK THIESSEN 
SBN:  24042025
mark@thetexastrialattorney.com	
						TALY JACOBS
						SBN:  24074476
						taly@thetexastrialattorney.com	
						DAN SIMONS
						SBN:  24077467
						dan@thetexastrialattorney.com	
733 E. 12th ½ Street
						Houston, Texas 77008
						PH: (713) 864-9000
						FX: (713) 864-9006

					ATTORNEY FOR DEFENDANT
					_______________________________

CERTIFICATE OF SERVICE

	I hereby certify that on the _____ day of _______________, 20___, a true and correct copy of this foregoing document has been served on the Assistant District Attorney currently assigned to this case.
						
						_______________________________
                     					MARK THIESSEN