CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

MOTION FOR DISCLOSURE OF ALL EVIDENCE
FAVORABLE TO THE DEFENDANT
UNDER BRADY V. MARYLAND AND KYLES V. WHITLEY

TO THE HONORABLE JUDGE OF SAID COURT:
	NOW COMES JOHN DOE, Defendant, by and through the undersigned counsel, and respectfully moves this Honorable Court, and the principles of Brady v. Maryland, 373 U.S. 83 (1963), and Kyles v. Whitley, 514 U.S. 419, 436 (1995), for an order directing the State to make inquiry and disclose all the following within the possession, custody, or control of the State, or the existence of which is known or, with the exercise of due diligence, could become known to the State:
1.	Any and all records revealing prior felony convictions, guilty verdicts, or juvenile adjudications attributed to each defendant and each witness called by the State including, but not limited to, "rap sheets."

	2.	Any and all records and information revealing prior misconduct or bad acts attributed to the witness (the use of the word "witness" includes both singular and plural and refers to trial witnesses, grand jury witnesses or persons furnishing information used at the grand jury or to be used at trial).

	3.	Any and all consideration or promises of consideration given to or on behalf of the witness or expected or hoped for by the witness.  By "consideration," Defendant refers to absolutely anything, whether bargained for or not, which arguably could be of value or use to a witness or to a person of concern to the witness including, but not limited to, formal or informal, direct or indirect, leniency, favorable treatment or recommendations or other assistance with respect to any pending or potential criminal, parole, probation, pardon, clemency, civil, civil, tax court, court of claims, administrative or other dispute with the State of Texas or any other authority or with any other parties, criminal, civil or tax immunity grants; relief or forfeiture; payments of money; rewards or fees; witness fees and special witness fees; provision of food, clothing, shelter, transportation, legal services or other benefits; placement in a "witness protection program"; informer status of the witness; and anything else which arguably could reveal an interest, motive or bias in the witness in favor of the State of Texas or against the defense or act as an inducement to testify or to color testimony.

	4.	Any and all threats, express or implied, direct or indirect, or other coercion made or directed against the witness, criminal prosecutions, investigations, or potential prosecutions pending or which could be brought against the witness, any probationary parole, deferred prosecution or custodial status of the witness, and any civil, tax court or court of claims, administrative or other pending potential legal disputes or transactions with the State of Texas or over which the State of Texas has real, apparent or perceived influence.

	5.	The existence and identification of each occasion on which the witness has testified before any court, grand jury, or other tribunal or body officially narrated in relation to the Defendant, any co-defendants, the investigation or the facts of this case.

	6.	The existence and identification of each occasion on which each witness who was or is an informer, accomplices, co-conspirator or expert, has testified before any court, grand jury or other tribunal or body in connection with the matters raised in this indictment.

	7.	Any and all records and/or information which arguably could be helpful or useful to the defense in impeaching or otherwise detracting from the probative force of the State of Texas' evidence or which arguably could lead to such records or information.

	8.	Any and all personnel files for the witness, the existence and identity of all State and local government files for the witness, and the existence and identity of all official internal affairs, internal investigations, or public integrity investigation files relating to or connected with each witness who was or is a law enforcement officer.

	9.	The same records and information requested in items 1 through 8 above with respect to each non-witness declarant whose statements are offered in evidence.  The Defendant submits that any such information would be discoverable and material to the defense in this case at both the guilt/innocence stage and if a finding of guilt is returned, the punishment stage.  

	10.	All evidence which supports the Defendant's previously filed Motion to Suppress Evidence, including but not limited to motions in limine.

	11.	The Defendant hereby reurges all previous requests for discovery of evidence and information previously made by Defendant and for purposes of this motion, all such motions are incorporated by reference.

	The Defendant submits that the above listed information is compelled under Brady v. Maryland and Kyles v. Whitley.  Furthermore, the failure or refusal of the State to produce any or all of the foregoing evidence or information constitutes suppression of evidence and a violation of the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and related provisions of the Texas Constitution and substantially denies the Defendant the effective assistance of counsel. Brady v. Maryland, 373 U.S. 83 (1963).
	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that a hearing be set to consider this motion and at such hearing, order the State to produce all such evidence at least 60 days in advance of trial.

Respectfully submitted,

By:                                                                

CERTIFICATE OF SERVICE
	I certify that a true copy of the above Motion for Disclosure of All Evidence Favorable to the Defendant Under Brady v. Maryland and Kyles v. Whitley has been hand-delivered or mailed, postage prepaid, to the__________Attorney of _________ County, Texas, on the _____ day of_________, 200__.

CAUSE NO. 

THE STATE OF TEXAS

V.
				
JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

	O R D E R

	On this day, came on to be heard the Motion for Disclosure of All Evidence Favorable to the Defendant under Brady V. Maryland and Kyles V. Whitley and it is in all things (GRANTED) (DENIED, to which action of the Court Defendant duly excepts).

	SIGNED                                                              

							JUDGE PRESIDING