Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW ***, the Defendant in the above styled and numbered cause, pursuant to the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article 1, Sections 10 and 19 of the Constitution of the State of Texas, the Texas Rules of Evidence and under the authority of Article 39.14 of the Texas Code of Criminal Procedure, and makes this his/her motion for discovery and inspection of evidence, and in support thereof would show the Court as follows:

I.
	The Defendant moves the Court to order the District Attorney to produce and permit the inspection of and the copying and/or photographing of, by or on behalf of the Defendant, the following designated items:
	
	1.  All confessions, admissions and statements, in writing, signed by the Defendant, in connection with the offense with which the Defendant is herein charged.

GRANTED:                      

DENIED:                       

	2.  All confessions, admissions and statements, oral in nature and set down and preserved under Article 38.22 of the Texas Code of Criminal Procedure, made by the Defendant in connection with the offense with which the Defendant is herein charged.

GRANTED:                      

DENIED:                       

	3. All oral, written and recorded statements and memoranda of said statements made by the Defendant to any investigating officer, to any member of any law enforcement agency, or to any third party which is in the possession of or within the knowledge of the District Attorney's Office or any agent thereof, including any law enforcement agency.

GRANTED:                      

DENIED:                       

	4. All oral and written statements made by any witnesses and/or the Defendant before the Grand Jury and transcribed by a reporter, in connection with the offense with which the Defendant is herein charged.

GRANTED:                     

DENIED:                      

	5. All statements made by any party or witness to this alleged offense, in the possession of or within the knowledge of the District Attorney or any of his agents, including any law enforcement agency, whether such statements were written or oral, which might in any manner be material to either the guilt or innocence of the Defendant or to the punishment, if any, to be set in this case.

GRANTED:                     

DENIED:                      

	6. Any statements that would arguably admissible as a “res gestae” statement, excited utterance, present sense impression or state of mind, which the State intends to introduce into evidence, either at the guilt/innocence stage or during the punishment phase of the trial.

GRANTED:                    

DENIED:                     

	7. All objects and tangible property alleged by the State to have been taken by the Defendant during the course of the commission of the offense with which the Defendant is herein charged, including but not limited to the following:

GRANTED:                     

DENIED:                      

	8. All weapons alleged by the State to have been used by the Defendant in the commission of the offense with which the Defendant is herein charged.

GRANTED:                     

DENIED:                      

	9. All weapons alleged by the State to have been used by each co-defendant and co-conspirator in the commission of the offense with which the Defendant is herein indicted.

GRANTED:                     

DENIED:                      

	10. All fingerprints, palm prints, and foot prints, and reports of same, alleged by the State to have been made by the Defendant, his/her co-defendants and/or co-conspirators in the commission of the offense with which the Defendant is herein indicted.

GRANTED:                     

DENIED:                      

	11. All video tapes, audio tapes or other electronically produced statements or pictures, photographs or films of the complainant/child, the Defendant or any witness in this cause on in reference to this case, made by or in the care, custody or control of any law enforcement agency or the District Attorney's Office.

GRANTED:                    

DENIED:                     

	12. All photographs, drawings and charts made by the District Attorney's Office or any agent thereof, including any law enforcement agency, which were made with reference to this case, including but not limited to all photographs, drawings and charts of the scene of the crime and the scene of the Defendant's arrest.

GRANTED:                     

DENIED:                      

	13. All reports of psychological tests, experiments, evaluations, treatment and all data and diagrams or drawings of the complainant/child produced thereby and all other reports of experts who conducted such tests, experiments or evaluations regarding the complaining witness.

GRANTED:                    

DENIED:                     

	14. The name, address and telephone number of each person who made the reports and conducted the tests, experiments or evaluations requested in the foregoing paragraph.

GRANTED:                    

DENIED:                     

	15. All reports of scientific tests, experiments and comparisons, including any underlying data, computer printouts, test results and reference material and the name and address of each such person who made such report or performed such test, experiment or comparison, including but not limited to reports pertaining to weapons, bullets, shots, waddings, cartridge cases, tool marks, semen or blood samples.

GRANTED:                    

DENIED:                     

	16. Any and all reports of scientific tests, experiments and comparisons and all other reports of experts and the name and address of each person who made such report or performed such tests, experiments and comparison concerning the alleged controlled substance in this case.

GRANTED:                    

DENIED:                     

	17. The results of the blood or breath test given to the Defendant in this case.

GRANTED:                    

DENIED:                     

	18. All autopsy reports based on an examination of the decedent.

GRANTED:                    

DENIED:                     

	19. All notes, records and documents relating to any DNA tests or comparisons conducted by the State or in the care, custody or control of the State, any law enforcement officer or agent thereof, including any laboratory notes, handwritten notes, reports, computer entries, computer printouts or data bases resulting from, relating to or generated by any such tests and the results of such tests.

GRANTED:                    

DENIED:                     

	20. Any drugs, controlled substances or drug paraphernalia which were seized as the result of any investigation or arrest in this cause in order to permit the Defendant to have the opportunity to examine same or to have an expert examine, test and inspect the substance.

GRANTED:                    

DENIED:                     

	21. All photographs of the decedent, whether taken at the scene of the alleged offense, at the scene where the decedent was discovered or at the time the autopsy was performed.

GRANTED:                    

DENIED:                     

	22. All photographs of the scene of the alleged crime and the scene of the Defendant's arrest.

GRANTED:                    

DENIED:                     

	23. All articles of clothing, including shirts, pants, shoes and rags allegedly belonging to the Defendant.

GRANTED:                    

DENIED:                     

	24. The written waiver alleged by the State to have been signed by the Defendant concerning the Defendant's right to counsel prior to the making of any written and oral statements when the Defendant was under arrest.

GRANTED:                    

DENIED:                     

	25. Any written consent to search the Defendant's residence / vehicle / / business alleged by the State to have been signed by the Defendant prior to the search and seizure of said residence/vehicle/business. 

GRANTED:                    

DENIED:                     
	26. All handwritten and typed notes of the police officers who investigated and participated in any manner in this case.

GRANTED:                    

DENIED:                     

	27. All handwritten and typed notes of the police officers or Department of Protective and Regulatory Services or child advocacy center employees who investigated and participated in any manner in this case or a Department of Protective and Regulatory Services case arising from the same events.

GRANTED:                    

DENIED:                     

	28. All handwritten and typed notes made by all law enforcement officers prior to, during and after the Defendant was interrogated; or in the alternative, that all said handwritten and typed notes be accurately preserved and maintained by said law enforcement officers until the trial of this cause in order that same may be available to the court and the jury on the issue of the voluntariness of the Defendant's statements.

GRANTED:                    

DENIED:                     

	29. The analysis of and results of any blood, chemical and scientific tests which have been conducted on the clothing purportedly worn by the Defendant during the commission of the alleged offense.

GRANTED:                    

DENIED:                     

	30. The clothing alleged by the State to have been worn by the decedent/complainant at the time of the commission of the offense.

GRANTED:                    

DENIED:                     

	31. All medical reports which show or tend to show the physical condition of the decedent/complainant at or about the time of the commission of the alleged offense.

GRANTED:                    

DENIED:                     

	32. The search warrant, arrest warrant and affidavits in support thereof, used by law enforcement authorities to enter the Defendant's residence / vehicle / business.

GRANTED:                    
DENIED:                     

	33. The names of all suspects who were interrogated and/or arrested in conjunction with this offense, including their respective names, addresses, telephone numbers, occupations, physical descriptions, and photographs (or mug shots).

GRANTED:                    

DENIED:                     

	34. All photographic negative prints whether heretofore developed or not by the District Attorney or any of his agents, including any law enforcement agency, which were made in the investigation of this case.

GRANTED:                    

DENIED:                     

	35. The blood type of the decedent/complainant.

GRANTED:                    

DENIED:                     

	36. All photographs made of any line-ups conducted in this case, or as part of the investigation thereof.

GRANTED:                    

DENIED:                     

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

GRANTED:                    

DENIED:                     

	38. The police form used by law enforcement authorities to identify all participants in the line-up wherein the Defendant was a participant, which includes information as to each participant in the line-up and as to each witness who was present at said line-up.

GRANTED:                    

DENIED:                     

	39. A copy of the witness' line-up identification form given to each witness who attended the line-up wherein the Defendant was a participant in this case.

GRANTED:                    

DENIED:                     

	40. All photographs of the Defendant which were used in conjunction with 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:                     

	41. All medical and psychiatric reports submitted by any doctor, psychiatrist or psychologist at the request of the State or the Court in conjunction with all examinations of the Defendant.

GRANTED:                    

DENIED:                     

	42. All evidence as to the incompetency of the Defendant to stand trial which is in the possession of or within the knowledge of the District Attorney's office or any of its agents.

GRANTED:                    

DENIED:                     

	43. All evidence as to the insanity of the Defendant at the time of the alleged commission of the offense charged herein, which is in the possession of or within the knowledge of the District Attorney's office or any of its agents.

GRANTED:                    

DENIED:                     

	44. The prior criminal record of each State's witness, including all arrests and convictions, whether as a juvenile or as an adult, including but not limited to: 
(a) all final convictions for all felonies and all misdemeanors involving moral turpitude which have occurred in the last ten years measured from the date of conviction or the date of release from incarceration 
whichever is latest;
(b) all felony convictions and misdemeanor convictions involving moral turpitude which have resulted in a suspended sentence which has not been set aside;
(c) all felony convictions and misdemeanor convictions involving moral turpitude which have resulted in the person being placed on probation, wherein the period of probation has not expired;
	(d) all pending felony and misdemeanor offenses.

GRANTED:                    

DENIED:                     

	45. Copies of any pen packets, certified government documents, prior conviction records and any other document that the State intends to offer as evidence of the prior criminal record of the Defendant. Tex. R. Evid. 609(f).

GRANTED:                    

DENIED:                     

	46. The prior criminal record of the Defendant, including all arrests and convictions, whether as a juvenile or as an adult, including but not limited to: 
(a) all final convictions for all felonies and all misdemeanors involving moral turpitude which have occurred in the last ten years measured from the date of conviction or the date of release from incarceration whichever is latest;
(b) all felony convictions and misdemeanor convictions involving moral turpitude which have resulted in a suspended sentence which has not been set aside;
(c) all felony convictions and misdemeanor convictions involving moral turpitude which have resulted in the person being placed on probation, wherein the period of probation has not expired.

GRANTED:                    

DENIED:                     

	47. The prior criminal record of all of the co-defendants, and/or co-conspirators including all arrests and convictions, whether as a juvenile or as an adult, including but not limited to: 
(a) all final convictions for all felonies and all misdemeanors involving moral turpitude which have occurred in the last ten years measured from the date of conviction or the date of release from incarceration whichever is latest;
	(b) all felony convictions and misdemeanor convictions 
involving moral turpitude which have resulted in a suspended sentence which has not been set aside;
	(c) all felony convictions and misdemeanor convictions involving moral 
turpitude which have resulted in the person being placed on probation, wherein the period of probation has not expired;
	(d) all felony and misdemeanor convictions regardless of the 
	punishment imposed;
	(e) all pending felony and misdemeanor offenses.

GRANTED:                    

DENIED:                     

	48. The prior criminal record of all informants and other persons who have aided in the investigation and prosecution of this case against the Defendant, including all arrests and convictions, whether as a juvenile or as an adult, including but not limited to: 
(a) all final convictions for all felonies and all misdemeanors involving moral turpitude which have occurred in the last ten years measured from the date of conviction or the date of release from incarceration whichever is latest;
(b) all felony convictions and misdemeanor convictions involving moral turpitude which have resulted in a suspended sentence which has not been 
	set aside; 
(c) all felony convictions and misdemeanor convictions involving moral turpitude which have resulted in the person being placed on probation, wherein the period of probation has not expired;
	(d) all pending felony and misdemeanor charges.

GRANTED:                    

DENIED:                     

	49. All stenographic, telephonic and electronic recordings, including pen registers, and transcriptions thereof, of all information and evidence obtained by means of electronic eavesdropping and/or surveillance by law enforcement officers, and all test results run on said recordings, in order to permit the Defendant to adequately and properly test the validity and authenticity of each of said recordings prior to trial by an expert of the Defendant's choosing.

GRANTED:                    

DENIED:                     

	50. All documents, papers, books, accounts, letters, objects and tangible things which are the property of the Defendant and which are in the possession, custody and control of the prosecutor.

GRANTED:                    

DENIED:                     

	51. All documents, papers, books, accounts, letters, objects and tangible things which are the property of any other person which are in the possession, custody and control of the prosecutor as a result of the investigation which resulted in the instant indictment and which are material evidence in this case as to the Defendant's guilt or innocence or as to the punishment, if any.

GRANTED:                    

DENIED:                     

	52. A specification of any prior extraneous misconduct which the District Attorney intends to use to impeach the Defendant [and the Co-Defendants] herein and/or defense witnesses called to testify as to the Defendant's good character and reputation, which specifications should include the date, time, place and nature of such misconduct in order to fully apprise and notify the Defendant of all such evidence and permit the Defendant adequate time to challenge its relevancy, materiality and accuracy prior to trial.

GRANTED:                    

DENIED:                     

In support hereof, the Defendant would show the Court that production of the foregoing items is necessary to insure that the Defendant has adequate time to inspect, examine and test all such evidence for its respective validity, authenticity and identity, such that the Defendant may adequately prepare to defend the charges against him/her.

II.
In support of this Motion, the Defendant would show the Court as follows:
	
	1.  The items requested are in the exclusive possession, custody and control of the State of Texas by and through its agents, the police or the prosecuting attorney's office, and the Defendant has no other means of ascertaining the disclosures requested.

	2.  The items requested are not privileged.

	3.  The items and information are material to determination of the issues of guilt or innocence, and the punishment to be determined in this cause, if any.

	4.  The Defendant cannot safely go to trial without such information and inspection, nor can the Defendant adequately prepare the defense to the charges against him/her.
	5.  That absent such discovery the Defendant's rights under Article 1, Sections 10 and 19 of the Constitution of the State of Texas, and the Fourth, Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States of America , and Article 39.14 of the Texas Code of Criminal Procedure, will be violated, to his/her irreparable injury and thus deprive the Defendant of a fair trial herein.

	WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this 
Honorable Court will grant this the Defendant's Motion for Discovery and Inspection of Evidence in all things, or in the alternative, that this Court will set this matter down for a hearing prior to trial on the merits and that at such hearing this Motion will be in all things granted.

Respectfully Submitted,

____________________________________
Attorney Name
State Bar Number
Address
City, State, Zip
Phone 
Fax

Attorney for Defendant
***

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion for Discovery and Inspection of Evidence was served upon the attorney for the State on ________________________, 200___.

____________________________________
Attorney for Defendant

Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

ORDER GRANTING MOTION FOR
DISCOVERY AND INSPECTION OF EVIDENCE

On this day came to be heard the foregoing Motion for Discovery and Inspection of Evidence and the same is hereby 

__________(GRANTED as above indicated and the Court hereby orders the attorney for the State to produce and permit the inspection of and the copying and/or photographing of, and examination of, by or on behalf of the Defendant, all of the so designated items above, on or before the _____ day of __________________, 200___.)

__________(GRANTED and the Court hereby sets this Motion down for a hearing to be held on the _____ day of ____________________, 200___, at _____ o'clock ____.m.)

__________(DENIED, as above indicated and to which action of the Court the Defendant duly excepts).

SIGNED AND ENTERED this _____ day of ____________________, 200___.

____________________________________
JUDGE PRESIDING