NO.

000000
 
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
vs. § HARRIS COUNTY, TEXAS
§
JEAN VALJEAN §
999TH JUDICIAL DISTRICT
 
DEFENDANT'S MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE
 
TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES JEAN VALJEAN, the Defendant in the above cause, under the authority

of U.S. Const. Amend. XIV, Tex. Const. Art. I, Sec. 19, and Tex. Code Crim. Pro. Ann. Art.

39.14, and makes his 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:

STATEMENTS BY DEFENDANT
 
1. All confessions, admissions and statements, in writing, signed by the
Defendant, in connection with the offense with which the Defendant is
herein indicted.
 
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 indicted.
 
GRANTED: DENIED:______
 
3. All oral, written and recorded statements or memoranda of same made by
the Defendant to any investigating officer or to any member of any law
enforcement agency or to any third party and in the possession of or
within the knowledge of the District Attorney's Office or any agent
thereof, including any law enforcement agency, including those portions
of any reports (including police offense reports) memoranda, notes, other
writings, or records, which contain either a verbatim account or a
summary of the substance of said statements.
 
GRANTED: DENIED:______
 
4. 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/or oral statement while the Defendant was under arrest.
 
GRANTED: DENIED:______
 
SCIENTIFIC EVIDENCE
 
5. All fingerprints, palm prints, and foot prints and reports of same, alleged
by the State to have been made by the Defendant, his co-defendants and
co-conspirators in the commission of the offense with which Defendant is
herein indicted.
 
GRANTED: DENIED:______
 
6. Name, address and telephone number of all expert witnesses the state
intends to call as witnesses.
 
GRANTED: DENIED:______
 
7. Name, address and telephone number of all expert witnesses who
consulted with experts the state intends to call as witnesses.
 
GRANTED: DENIED:______
 
8. All reports of scientific tests, experiments and comparisons, and all other
reports of experts 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 any kind of weapons,
controlled substances, and the like.
 
GRANTED: DENIED:______
 
AGREEMENTS
 
9. The existence, substance, and manner of execution or fulfillment, of any
promises, agreements, understandings and arrangements, whether verbal
or written, whether completed or not, between the State, its agents or
attorneys, and any witness, or the witness' agents or attorneys or
representatives, wherein the State has agreed, or purported to agree, either
expressly or impliedly, as follows (Giglio v. United States, 405 U.S. 150,
92 S.Ct. 763, 31 L.Ed.2d 104 [1972]):
 
a. Not to prosecute or to assist in the avoidance of prosecution of the
witness for a crime or crimes;
 
b. Not to prosecute or to assist in the avoidance of prosecution of a
third party for a crime or crimes;
 
c. To provide a formal grant of statutory immunity, or to provide an
informal assurance that the witness will not be prosecuted in
connection with any testimony given by him;
 
d. To recommend leniency in sentencing for any crime or crimes for
which the witness is convicted;
 
e. To recommend a particular sentence for any crime or crimes for
which the witness is convicted;
 
f. To provide to the witness or any third person money, any other
valuable consideration, or any forgiveness of debt or liability;
 
g. To provide favorable treatment in jail or prison to the witness;
 
h. To agree to bear witness or testify for the witness at any judicial
proceeding, parole hearing, or clemency proceeding;
 
i. To agree to petition for executive clemency on behalf of the
witness or any third person;
 
j. To make any other recommendation of any benefit however slight,
or to give any other consideration to the witness or to any third
person.
 
GRANTED: DENIED:______
 
TANGIBLE EVIDENCE
 
10. Any and all evidence in any way relevant to this cause obtained by any
law enforcement agency by the use of electronic surveillance or wire
tapping.
 
GRANTED: DENIED:______
 
11. Any criminal instruments allegedly possessed or used by Defendant.
 
GRANTED: DENIED:______
 
12. Copies of any writings made by Defendant and not otherwise named
herein.
 
GRANTED: DENIED:______
 
13. All photographs or films of the scene of the alleged crime and the scene of
the Defendant's arrest.
 
GRANTED: DENIED:______
 
14. Copies of all photos used in any photo spread or "mug book" used in
connection with this case.
 
GRANTED: DENIED:______
 
15. Complete records of any line-up conducted in connection with this case.
 
GRANTED: DENIED:______
 
16. Any controlled substances, drug paraphernalia or items adapted or used
for the purpose of drug paraphernalia allegedly possessed by Defendant.
 
GRANTED: DENIED:______
 
17. All articles of clothing, including shoes and rags allegedly belonging to
the Defendant.
 
GRANTED: DENIED:______
 
18. All weapons alleged by the State to have been used by the Defendant, his
co-defendants and his co-conspirators in the commission of the offense
with which the Defendant is herein indicted.
 
GRANTED: DENIED:______
 
19. All diagrams, charts, maps, plans, films, photographs, graphic
representations, models, visual aids, books, recordings, or other such
tangible items or materials or demonstrative evidence, which may be
introduced at trial.
 
GRANTED: DENIED:______
 
 
GRAND JURY
 
20. A list of names, addresses and telephone numbers of witnesses who
appeared before the Grand Jury, or whose Affidavits or statements were
presented for consideration by the Grand Jury which returned the
indictment in this case.
 
GRANTED: DENIED:______
 
21. A copy of the Grand Jury Minutes and Testimony in connection with the
indictment of the Defendant in the cause. If the same has not been
transcribed, Defendant specifically requests the Court to order the
transcription of the same. Said testimony may be used by the defense to
impeach a States' witness, to discover prior inconsistent statements, to test
the credibility of States' witnesses or to test the recollection of the States'
witnesses; thus a particularized need for same can been shown.
 
GRANTED: DENIED:______
 
22. Any evidence that a member of the Grand Jury which returned the
indictment in the above cause contained a member who was disqualified
from serving on the Grand Jury because of a conviction or indictment.
Defendant specifically requests that the Court order the State's attorney to
run the names of the said grand jurors on computer data bases such as
TCIC, NCIC and JIMS and inform the Defendant in the event such grand
juror was convicted or under indictment at the time of the Grand Jury's
consideration of this cause.
 
GRANTED: DENIED:______
 
IMPEACHMENT EVIDENCE
 
23. The prior criminal record of all persons whom the District Attorney
intends to call as witnesses during the trial of the cause against the
Defendant, including all arrests and convictions, juvenile or adult.
 
GRANTED: DENIED:______
 
24. A description of all pending criminal cases or internal disciplinary actions
arising from this cause against any police officer who is called to testify
by the State, and who participated in the investigation of the crime alleged
or the apprehension or arrest of Defendant.
 
GRANTED: DENIED:______
 
25. Any evidence that a witness for the State has committed perjury, or has
previously made any statement or given any testimony, whether under
oath or not, which conflicts with or contradicts the testimony given by
such witness during the trial of this cause.
 
GRANTED: DENIED:______
 
SEARCHES AND SEIZURES
 
26. A copy of any warrant issued in this case and all supporting affidavits,
returns, or other documents.
 
 
GRANTED: DENIED:______
 
27. List of all items seized pursuant to any search conducted.
 
GRANTED: DENIED:______
 
28. Copy of any consent to search executed by Defendant or any other person
having custody or control over Defendant's property or premises.
 
GRANTED: DENIED:______
 
29. Names of all arresting officers, and officers conducting searches that
resulted in the recovery of evidence or property.
 
GRANTED: DENIED:______
 
CO-DEFENDANTS,
CO-CONSPIRATORS, OR CO-ARRESTEES
 
30. Name, address, and criminal record of all persons arrested along with
Defendant.
 
GRANTED: DENIED:______
 
31. All information concerning any and all co- defendants or co-conspirators,
whether so indicted or not, including but not limited to their criminal
records, psychiatric records, extraneous offenses, pending criminal cases,
past acts of untruthfulness, and all oral or written statements of such
persons.
 
GRANTED: DENIED:______
 
32. The existence and content of all statements made to law enforcement
officials or other agents of the State by all co- defendants or
co-conspirators, whether so indicted or not, and whether oral or written, in
order that Defendant may exercise his Sixth Amendment rights under
Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476
(1968).
 
GRANTED: DENIED:______
 
MISCELLANEOUS
 
33. The prior criminal record of the Defendant, including all arrests and
convictions, juvenile or adult.
 
GRANTED: DENIED:______
 
34. A description of any and all extraneous offenses, if any, allegedly
committed by Defendant, whether he is presently charged with same or
not, which may be or may become relevant to any issue in this case. In the
event that said extraneous offenses exist, Defendant hereby moves the
Court to order production of all items listed herein in this Motion for
Discovery with respect to each and every such extraneous offense.
 
GRANTED: DENIED:______
 
35. Any evidence relating to the sanity or competency of Defendant, or that
indicates that Defendant suffered from any mental disease or mental
defect.
 
GRANTED: DENIED:______

36. Medical records of Complainant.

 
GRANTED: DENIED:______
 
 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, see Ex Parte Adams, 768
S.W.2d 281, (Tex. Crim. App. 1989), and the Defendant has no
other means of ascertaining the disclosure requested.
 
2. The items requested are not privileged.
3. The items and information are material to this cause and the issues
of guilt or innocence and punishment to be determined in this
cause.
 
4. The Defendant cannot safely go to trial without such discovery and
inspection, nor can the Defendant adequately prepare the defense
to the charges against him.
 
5. That absent such discovery the Defendant's rights under Tex. Code
Crim. Pro. Ann. art. 39.14, Article I, ' 10, 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
will be violated, to his 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,

_____________________________
Daniel Webster
Attorney for Defendant
SBN 99999999
1234 Main Street
Clutch City, Texas 77002
Phone Number
FAX #
 NO. 000000
 
THE STATE OF TEXAS § IN THE DISTRICT COURT OF
§
vs. § HARRIS COUNTY, TEXAS
§
JEAN VALJEAN §
999TH JUDICIAL DISTRICT
 
ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Upon the foregoing Defendant's Motion for Discovery and inspection of

Evidence, it is hereby ORDERED that such Motion be, and hereby is, GRANTED as to

those items so marked on the face of said Motion, and DENIED as to those items so

marked.

It is further ORDERED that the attorney for the State furnish counsel for

Defendant with access to those items granted hereby, on or before days after the

date this order is signed, at the District Attorney's Office, or at such other time and place

as the parties may agree.

SIGNED this ______ day of __________________, 2003.

 
 
 
_________________________________
JUDGE PRESIDING