CAUSE NO. ______________

STATE OF TEXAS				§		IN THE COUNTY
§
VS.						§		CRIMINAL COURT NO. 8    
§        
JOSHUA SMITH	§		DALLAS COUNTY, TEXAS

MOTION FOR DISCOVERY

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES JOSHUA SMITH, Defendant in the above entitled and numbered cause, by and through undersigned counsel, and makes this Motion for Discovery, and for good cause shows the following:
I.
A.	WITNESSES
Defendant moves the Court to order the District Attorney to produce and permit counsel for Defendant to inspect the following designated items relating to any witnesses in this case:
1.	A list of the names and addresses of all witnesses the prosecution intends to call at trial.

(GRANTED)     (DENIED)

2.	A list of the names, addresses and professions of all expert witnesses the prosecution intends to call at trial, along with each expert’s qualifications, the subject and a description of his or her contemplated testimony, and his or her report.

(GRANTED)     (DENIED)

3.	Any evidence in possession of the State that any of its witnesses is presently incompetent to testify, or that any of its witnesses has been found incompetent to testify, incompetent, or insane.

(GRANTED)     (DENIED)

4.	The criminal record of each witness for the state showing every conviction or probation for felony or misdemeanor involving moral turpitude which is admissible for impeachment under Rule 609 of the Texas Rules of Evidence.

(GRANTED)     (DENIED)

5.	The criminal record of each witness for the State showing every event which can be used to impeach the witness including any deferred adjudication probations, arrests, or juvenile adjudications pending against the witness between the time of the offense alleged against Defendant and Defendant’s trial.

(GRANTED)     (DENIED)

6.	All inducements offered by the State which might tend to motivate its witnesses to testify against the Defendant, including, but not limited to, plea bargain agreements, fee expense, or reward arrangements, agreements to dismiss or reduce or not bring charges, or any other agreement of leniency.

(GRANTED)     (DENIED)

7.	All writings used to refresh the recollection of any witnesses, as provided in Rule 612 of the Texas Rules of Evidence.

(GRANTED)     (DENIED)

B.	STATEMENTS

Defendant moves the Court to order the District Attorney to produce and permit 

counsel for Defendant to inspect the following designated items relating to any 

statements in this case:

1.	All written confessions, admissions and statements, made by the Defendant to the State in connection with this case.

(GRANTED)     (DENIED)

2.	All oral confessions, admissions and statements, made by the Defendant to the State in connection with this case, which have been electronically recorded.
(GRANTED)     (DENIED)

3.	The substance of all oral confessions, admissions and statements made by the Defendant to the State in connection with this case, which were not electronically recorded.
(GRANTED)     (DENIED)

4.	All statements, written or oral, electronically recorded or not, given by the Defendant which are exculpatory or which tend to mitigate punishment.

(GRANTED)     (DENIED)

5.	All written warnings, admonitions, rights and waivers given by the State to the Defendant before Defendant gave any written or oral statements, admissions or confessions or testimony at any examining trial, grand jury hearing, or police interview.

(GRANTED)     (DENIED)

6.	All statements of a nature as would be arguably admissible as a “res gestae” statement, spontaneous statement, or other utterance which the state intends to introduce in its case in chief, either during the guilt/innocence stage, or during the punishment stage.
(GRANTED)     (DENIED)

7.	All witness statements as that term is used in Rule 615 of the Texas Rules of Evidence, whether in final, rough draft, or other form.

(GRANTED)     (DENIED)

8.	All statements made by any suspect, party or witness to these alleged offenses which tend to exculpate Defendant or mitigate punishment.

(GRANTED)     (DENIED)

9.	All confessions, admissions or statements given by Co-Defendants, parties, accomplices or co-conspirators which the state intends to offer into evidence in Defendant’s trial. 
				
					(GRANTED)     (DENIED) 

		10.	All confessions, admissions or statements given by Co-Defendants, parties, accomplices or co-conspirators which tend to exculpate Defendant or to mitigate punishment.
					(GRANTED)     (DENIED) 

C.	WARRANTS AND WAIVERS

Defendant moves the Court to order the District Attorney to produce and permit 

counsel for Defendant to inspect the following designated items relating to warrants 

and/or any waivers in this case:

1.	The arrest warrants and writs of capias, and affidavits in support thereof, obtained by law enforcement authorities to arrest Defendant in this case.

(GRANTED)     (DENIED)

2.	The arrest warrants and writs of capias, and affidavits in support thereof, obtained by law enforcement authorities to arrest any Co-Defendants, 
co-conspirators, parties, accomplices, witnesses or suspects in this case.

(GRANTED)     (DENIED)

3.	The written consent to search Defendant’s real property, residence, vehicle, effects, papers or person alleged by the State to have been signed prior to the search and seizure of said property.

(GRANTED)     (DENIED)		

4.	Any written waiver alleged by the State to have been signed by the Defendant involving the Defendant’s right to counsel, the right to remain silent, or the right to be free from search and seizure.

(GRANTED)     (DENIED)

D.	LAW ENFORCEMENT AND INVESTIGATION

Defendant moves the Court to order District Attorney to produce and permit 

counsel for Defendant to inspect the following designated items relating to law 

enforcement and the investigation of this case:

1.	Offense reports, police reports, crime scene investigation reports or records or reports of any third parties, by way of written memoranda, letters, notes or transcriptions involving the alleged facts of the offense, the crime scene or any location which may have a bearing on any issue of this case.

(GRANTED)     (DENIED)

2.	The name of any law enforcement officer and any employee of the Office of the District Attorney who participated in any way in the investigation of this case, whether at the scene, in transporting the Defendant, at the Police Station, at the jail or elsewhere.

(GRANTED)     (DENIED)

E.	PHOTOGRAPHIC EVIDENCE

Defendant moves the Court to order the District Attorney to produce and permit

counsel for Defendant to inspect the following designated items regarding to 

photographic-related evidence in this case:

1.	All photographs, videotapes, audiotapes, drawings, charts and diagrams made by the District Attorney’s Office, the police, or anyone else with reference to this case, including, but not limited to those of the scene of the crime and the scene of the Defendant’s arrest.

(GRANTED)     (DENIED)

2.	All photographs of suspects which were shown to all witnesses to the alleged offenses, concerning the identity of the perpetrator of the offense for which Defendant has been charged.

(GRANTED)     (DENIED)

3.	All photographs of the Defendant which were used in the investigation of this case, including any photograph which may have been shown by any law enforcement officer to any potential witness in this case.

(GRANTED)     (DENIED)

F.	PHYSICAL EVIDENCE

Defendant moves the Court to order the District Attorney to produce and permit 

counsel for Defendant to inspect the following designated items relating to physical 

evidence in this case:

1.	All physical evidence seized by the State from Defendant in connection with this case.

(GRANTED)     (DENIED)

2.	All physical evidence, property, documents, papers, books, accounts, letters, photographs, objects, records or tangible things belonging to the Defendant which are now in the possession of the State or its agencies.

(GRANTED)     (DENIED)

3.	All physical evidence in possession or control of the State which the State intends to offer at trial in this case.

(GRANTED)     (DENIED)

4.	All physical evidence alleged to be the instrumentality of the crime for which Defendant stands indicted.

(GRANTED)     (DENIED)

5.	All physical evidence removed by the State from the scene of the alleged crime scene.

(GRANTED)     (DENIED)

6.	All physical evidence seized by the State from Co-Defendants, co-conspirators, parties or accomplices, before, during, or after their arrest, in connection with this case.

(GRANTED)     (DENIED)

7.	The location from which each piece of physical evidence was found, the time it was found, and the name of the person who found it.

(GRANTED)     (DENIED)

8.	All other physical evidence, property, documents, papers, books, accounts, letters, photographs, objects, tangible things or records which constitute or contain evidence material to any matter involved in this case which are in the possession, custody or control of the state or any of its agencies.

(GRANTED)     (DENIED)

G.	TESTS, REPORTS AND SCIENTIFIC EVIDENCE

Defendant moves the Court to order the District Attorney to produce and permit 

counsel for Defendant to inspect the following designated items relating to tests, reports 

and any other scientific evidence in this case:

1.	All reports of scientific tests, experiments and comparisons, and the name of each person who made such report or performed such tests, experiments or comparisons, including, but not limited to, weapons, blood, DNA, bodily fluids, breath, hair, threads, drugs and controlled substances, fingerprints and medical or psychological examinations.

(GRANTED)     (DENIED)

H.	STATE’S EVIDENCE

Defendant moves the Court to order the District Attorney to produce and permit 

counsel for Defendant to inspect the following designated items relating to State’s 

evidence in this case:

1.	All evidence in possession of, or within the knowledge of, the State or any of its agencies, including impeachment evidence, which is favorable to the  Defendant and material either to guilt or to punishment.

(GRANTED)     (DENIED)

II.

In support of this motion, Defendant would show that: (a) the items requested are in the exclusive possession, custody and control of the State of Texas by and through its agents, the police or prosecuting attorney’s office, and Defendant has no other means of ascertaining the disclosure requested; (b) the items requested are not privileged; ( c) the items and information requested are material to this case and the issue of guilt or innocence and punishment to be determined in this case; (d) Defendant cannot safely go to trial without such information and inspection, nor can Defendant adequately prepare a defense herein; (e) Defendant’s right will be violated under Article 39.14 of the Texas Code of Criminal Procedure,  Article I, Section 3, 3a, 10, 13, and 19 of the Constitution of the State of Texas, and the Fifth, Sixth, Eighth and Fourteenth Amendments to the Constitution of the United States of America by such absent such discovery.
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this Honorable Court will grant this Motion for Discovery in all things, or in the alternative, that this Court will set this matter for a hearing on the ________day of ____________________, 20__ at ______ a.m. and that at such hearing this Motion will be in all things granted.

	Respectfully submitted,

	___________________________
Monique J. Bracey
Monique J. Bracey, Attorney At Law P.C.
P.O. Box 940492
Plano, Texas 75094-0492
Tel: (214) 785-6259
Fax: (972) 759-9761
MJBracey.law@gmail.com
SBN: 24058788
ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Motion for Discovery was served on the Assistant District Attorney of Dallas County, Texas on the same day as filing with the Court.

_____________________________
Monique J. Bracey

CAUSE NO. ______________

STATE OF TEXAS				§		IN THE COUNTY
§
VS.						§		CRIMINAL COURT 8
§        
JOSHUA SMITH	§		DALLAS COUNTY, TEXAS

ORDER

On this day came to be considered the Motion for Discovery of JOSHUA SMITH, Defendant.  After due consideration of said Motion, the evidence presented therewith, and the arguments of counsel, the Court is of the opinion that the Motion should be GRANTED.
IT IS, THEREFORE, ORDERED, that the State Produce and permit counsel for Defendant to inspect the following designated items relating to any witnesses in this case: 
1.	A list of the names and addresses of all witnesses the prosecution intends to call at trial.

2.	A list of the names, addresses and professions of all expert witnesses the prosecution intends to call at trial, along with each expert’s qualifications, the subject and a description of his or her contemplated testimony, and his or her report.

3.	Any evidence in possession of the State that any of its witnesses is presently incompetent to testify, or that any of its witnesses has been found incompetent to testify, incompetent, or insane.

4.	The criminal record of each witness for the state showing every conviction or probation for felony or misdemeanor involving moral turpitude which is admissible for impeachment under Rule 609 of the Texas Rules of Evidence.

5.	The criminal record of each witness for the State showing every event which can be used to impeach the witness including any deferred adjudication probations, arrests, or juvenile adjudications pending against the witness between the time of the offense alleged against Defendant and Defendant’s trial.

6.	All inducements offered by the State which might tend to motivate its witnesses to testify against the Defendant, including, but not limited to, plea bargain agreements, fee expense, or reward arrangements, agreements to dismiss or reduce or not bring charges, or any other agreement of leniency.

7.	All writings used to refresh the recollection of any witnesses, as provided in Rule 612 of the Texas Rules of Evidence.

8.	All written confessions, admissions and statements, made by the Defendant to the State in connection with this case.

9.	All oral confessions, admissions and statements, made by the Defendant to the State in connection with this case, which have been electronically recorded.

10.	The substance of all oral confessions, admissions and statements made by the Defendant to the State in connection with this case, which were not electronically recorded.

11.	All statements, written or oral, electronically recorded or not, given by the Defendant which are exculpatory or which tend to mitigate punishment.

12.	All written warnings, admonitions, rights and waivers given by the State to the Defendant before Defendant gave any written or oral statements, admissions or confessions or testimony at any examining trial, grand jury hearing, or police interview.

13.	All statements of a nature as would be arguably admissible as a “res gestae” statement, spontaneous statement, or other utterance which the state intends to introduce in its case in chief, either during the guilt/innocence stage, or during the punishment stage.

14.	All witness statements as that term is used in Rule 615 of the Texas Rules of Evidence, whether in final, rough draft, or other form.

15.	All statements made by any suspect, party or witness to these alleged offenses which tend to exculpate Defendant or mitigate punishment.

16.	All confessions, admissions or statements given by Co-Defendants, parties, accomplices or co-conspirators which the state intends to offer into evidence in Defendant’s trial. 

		17.	All confessions, admissions or statements given by Co-Defendants, parties, accomplices or co-conspirators which tend to exculpate Defendant or to mitigate punishment.

18.	The arrest warrants and writs of capias, and affidavits in support thereof, obtained by law enforcement authorities to arrest Defendant in this case.

19.	The arrest warrants and writs of capias, and affidavits in support thereof, obtained by law enforcement authorities to arrest any Co-Defendants, 
co-conspirators, parties, accomplices, witnesses or suspects in this case.

20.	The written consent to search Defendant’s real property, residence, vehicle, effects, papers or person alleged by the State to have been signed prior to the search and seizure of said property.

21.	Any written waiver alleged by the State to have been signed by the Defendant involving the Defendant’s right to counsel, the right to remain silent, or the right to be free from search and seizure.

22.	Offense reports, police reports, crime scene investigation reports or records or reports of any third parties, by way of written memoranda, letters, notes or transcriptions involving the alleged facts of the offense, the crime scene or any location which may have a bearing on any issue of this case.

23.	The name, rank and badge number of any law enforcement officer and any employee of the Office of the District Attorney who participated in any way in the investigation of this case, whether at the scene, in transporting the Defendant, at the Police Station, at the jail or elsewhere.

24.	All photographs, videotapes, audiotapes, drawings, charts and diagrams made by the District Attorney’s Office, the police, or anyone else with reference to this case, including, but not limited to those of the scene of the crime and the scene of the Defendant’s arrest.

25.	All photographs of suspects which were shown to all witnesses to the alleged offenses, concerning the identity of the perpetrator of the offense for which Defendant has been charged.

26.	All photographs of the Defendant which were used in the investigation of this case, including any photograph which may have been shown by any law enforcement officer to any potential witness in this case.

27.	All physical evidence seized by the State from Defendant in connection with this case.

28.	All physical evidence, property, documents, papers, books, accounts, letters, photographs, objects, records or tangible things belonging to the Defendant which are now in the possession of the State or its agencies.

29.	All physical evidence in possession or control of the State which the  State intends to offer at trial in this case.

30.	All physical evidence alleged to be the instrumentality of the crime for which Defendant stands indicted.

31.	All physical evidence removed by the State from the scene of the alleged crime scene.

32.	All physical evidence seized by the State from Co-Defendants, co-conspirators, parties or accomplices, before, during, or after their arrest, in connection with this case.

33.	The location from which each piece of physical evidence was found, the time it was found, and the name of the person who found it.

34.	All other physical evidence, property, documents, papers, books, accounts, letters, photographs, objects, tangible things or records which constitute or contain evidence material to any matter involved in this case which are in the possession, custody or control of the state or any of its agencies.

35.	All reports of scientific tests, experiments and comparisons, and the name of each person who made such report or performed such tests, experiments or comparisons, including, but not limited to, weapons, blood, DNA, bodily fluids, breath, hair, threads, drugs and controlled substances, fingerprints and medical or psychological examinations.

36.	All evidence in possession of, or within the knowledge of, the State or any of its agencies, including impeachment evidence, which is favorable to the  Defendant and material either to guilt or to punishment.

Such production will be on or before the _____day of _____________________, 20___.

 SIGNED AND ENTERED this _____ day of __________________, 20____.

_______________________________ 
JUDGE PRESIDING