STATE OF LOUISIANA ____ TH JUDICIAL DISTRICT COURT
VS. NO. ________ PARISH OF _______________
_______________ STATE OF LOUISIANA
_________________________________________________________________
REQUEST AND MOTION FOR DISCOVERY,
DISCLOSURE, INSPECTION AND FOR
A BILL OF PARTICULARS
_________________________________________________________________
Defendant is presently charged with committing the crime of
Second Degree Murder but for lack of information is unable to
properly prepare his/her defense; and therefore, by counsel,
requests the State voluntarily to disclose the materials
specified below, and also moves the Court to order the disclosure
of such materials as are not voluntarily disclosed by the State.
This request and motion is made in accordance with Louisiana
Code of Criminal Procedure, Article 716, et. seq. , and in
exercise of defendant's rights to due process and equal
protection of the laws, confrontation, and effective assistance
of counsel under the Fifty , Sixth , and Fourteenth Amendments to
the U.S. Constitution ,and under the corresponding provisions of
the Louisiana Constitution .
As used in this request and motion for discovery:
"Disclose" means to deliver to or to produce and permit
undersigned counsel to inspect, copy, and analyze each item in
the custody or control of the State, or to which the State has
access through any agency of the Criminal Justice System.
"Identity" when used in reference to a person means to identify
sufficiently for purposes of a subpoena , including the person's
full name and any aliases or nicknames; his last known address,
telephone number, and place of employment; and his present
whereabouts.
"Identify" when used in reference to a writing or a written
statement means to identify sufficiently for purposes of a
1
subpoena duces tecum , thus necessarily requiring the person who
is present legal custodian of such writing be identified in the
manner set.
"Statements" include all descriptions and assertations of fact or
opinion in any form, including but not limited to verbal,
numerical, graphic, pictorial, and demonstrative form.
"Written Statements" include all writing, transcriptions,
paraphrases, summaries, notes and numerical, graphic, pictorial,
or demonstrative depictions of statements, whether signed or
unsigned; all written materials, including but not limited to
records and reports prepared by law enforcement and prosecuting
authorities, their representatives and all professional
personnel, reflecting the existence, contents, or nature of
statements; all written materials, including but not limited to
records and reports prepared by law enforcement and prosecuting
authorities, their representatives, and all professional
personnel and all recordings and real or physical objects,
reflecting or used in any assessment of the veracity or
reliability of statements by polygraphic or any other means; and
all reproductions thereof.
"Oral Statements" include all oral statements stenographically,
mechanically, or manually recorded, or not recorded.
"Records and reports" include all records and reports, whether
formal or informal, written or recorded, and all notes,
notations, or memoranda.
"Or" is used inclusively.
"Law enforcement authority" includes every municipal police
department, every parish sheriff's department, the Louisiana
Department of Public Safety, the Federal Bureau of Investigation,
and every other city, county, parish, state, federal or military
agency having responsibilities for criminal law enforcement or
2
criminal investigation; and the successors of each.
"Prosecuting authority" includes every city attorney's office,
every district attorney's office, the Office of the Attorney
General of Louisiana, every United States Attorney's Office, the
United States Department of Justice and every other city, county,
parish, state, federal or military agency having responsibility
for the prosecution of criminal offenses.
"Representative" includes every official, officer, deputy,
assistant, agent, servant, or employee of any authority, whether
full-time or part-time, and whether paid or unpaid; every
consultant and every person who has acted as the instance of, or
who reports to, any such person; and the successors of each.
"Hearsay" . An out-of-court statement offered into evidence to
prove the truth of the matter contained therein.
"Professional personnel" includes all persons expert,
experienced, or employed in the fields of medicine, psychiatry,
psychology, mental health, pathology, criminalistic, forensic
science, all persons who conduct scientific investigations or
examinations of any sort in connection with criminal matters; and
the representatives and successors of each.
"District Attorney" includes the District Attorney, his office,
every assistant district attorney, and every other representative
of that office who has had or has responsibility for preparing or
presenting matters connected with the prosecution of this case;
and the successors of each.
"Alleged crime" includes the offense charged in the indictment,
all lesser included offenses, and all offenses that may
subsequently be charged against the defendant in connection with
the events giving rise to the indictment, together with their
lesser included offenses.
THE INCIDENT :
3
1) With respect to the alleged act or acts of the defendant
which serves as the basis of the charge herein, please disclose
the following:
a) On what date and at what time did it occur?
b) At what location did it occur?
1) If such occurrence happened within a structure
described the exact places or places involved in
the incident;
2) If such occurrence happened in more than one place
described all places which are related to the
occurrence and the relation of the places to one
another and by what means the places are connected
to the occurrence.
3) If such occurrence happened or continued to happen
within or on a moving object/vessel/missile/mobile
home/aircraft structure, etc., then describe such
objects, etc.
4) Describe in detail the route or routes such moving
objects, etc., proceeded along, including the
location of all interruptions of their course all
persons known to the State, its agents, etc., who
observed or intervened or became involved with such
objects or interrupted the progress of such
object(s) along such route or routes and describe
the location when such obstruction, involvement, or
interruption occurred.
2) If specific intent is one of the essential elements of the
foregoing statute then and in that event state whether or not the
State will use any presumptions or inference(s) to establish
intent and if so state upon what premise or evidence the State
will exhibit to create such inference(s) or
4
presumption(s). Mullaney v. Wilbur , 427 U.S. 684, 95 S.Ct. 1881
(1975) ; In re: Winship , 397 U.S. 358, 90 S.Ct. 1068 (1970) ;
State v. Searle , 339 So.2d 1194, 350 So.2d 370; State v. Montoya ,
340 So.2d 557, State v. Coleman , 358 So.2d 289.
THE INITIAL REPORT :
3) To what law enforcement authority was this matter first
reported?
a) Disclose by what means it was first reported and the
date and time of such report.
b) Identify the person by whom the initial report was made.
4) Identify the law enforcement authority that was principally
responsible for the investigation of this matter.
5) Identify all other law enforcement authorities that
participated in the investigation of this matter.
INFORMATION CONCERNING THE VICTIM :
6) Disclose whether the alleged victim was taking or under the
influence of alcohol and/or any drug at and near the time of the
alleged crime, and if so, then what was the amount and type of
the alcohol and or drug.
INFORMATION CONCERNING THE ARREST OF THE DEFENDANT :
7) Concerning the defendant:
a) On what date and at what time and place was the
defendant arrested.
b) Identify the persons who arrested the defendant, and all
persons present at the time of the arrest.
c) Was the defendant arrested with a warrant of arrest? If
so:
1) On what date and at what time and place was the
warrant issued?
2) By whom was the warrant issued?
5
3) Identify the persons who obtained the warrant of
arrest and who executed the affidavit in
connection therewith.
4) Were the allegations set forth in the affidavit
supporting the issuance of the arrest warrant all
within the personal knowledge of the affiant or
were these allegations totally or in part based
upon information supplied by another person?
8) If the allegations set forth in the affidavit supporting the
arrest warrant were supplied totally or in part by a person other
than the affiant:
a) Identify said person;
b) Is this person the victim, the complainant, a police
officer or an informer?
c) If said person is an informer, set forth in detail facts
within the personal knowledge of the affiant at the
time of affidavit was executed from which they
concluded the informant was reliable.
9) Set forth in detail the facts alleged in the affidavit upon
which the warrant of arrest was issued.
10) Was the arrest warrant issued in the name of the State of
Louisiana?
11) Does the arrest warrant state the name of the person to be
arrested, and if so, what is the name of that person?
12) If the name of the person to be arrested was unknown, does
the arrest warrant designate the person to be arrested by any
name or description by which he can be identified with reasonable
certainty, and if so, set forth that name and/or description.
13) Does the arrest warrant state the offense charged against
the person to be arrested, and if so, what is that charge?
14) Does the arrest warrant command that the person against whom
6
the complaint was made be arrested and booked?
15) Is the arrest warrant signed by the issuing magistrate with
the title of his office?
16) The defendant moves the court to require the State of
Louisiana to produce and provide the defense attorney a copy of
such arrest warrant.
a) If the defendant was arrested without a warrant of
arrest:
1) Were the facts upon which the arresting officers
acted in arresting the defendant all within the
personal knowledge of the arresting officers, or
were these facts totally or in part based upon
information supplied by another person?
2) If the facts upon which the arresting officers
acted in arresting the defendant were supplied
totally or in part by a person other than the
arresting officer:
a) What is the name, title and last known
residence and business address of said person?
b) Is this person the victim, the complainant, a
police officer, or an informer?
c) If said person is an informer, set forth in
detail the facts within the personal knowledge
of the arresting officers at the time of the
arrest from which they concluded the informant
was reliable.
IDENTIFICATION OF THE DEFENDANT :
17) Defendant moves the Court to order the State of Louisiana to
produce all handwritten or transcribed notes of the investigating
officer or any other officer wherein the description of the
alleged perpetrator was reduced to writing and filed or any other
7
file, including but not limited to the personal notes of any
officer receiving such description, and any other exculpatory
assertion, descriptions, or comments which may exist in such
notes or files. Brady v. Maryland , 373 U.S. 83, S.Ct. 1194;
State of Louisiana v. Ronald Bonnet , 366 So.2d 556 (1979); State
of Louisiana v. Falkins , 356 So.2d 415.
18) Was the defendant interrogated relative to this offense? If
so:
a) He was under arrest?
b) He had a right to remain silent and not give any
statement if he so desired?
c) Any statement he made could be used against him in
prosecution of a crime offense?
d) He had a right to have the assistance of a lawyer and to
have a lawyer present while making the confession,
statement and/or admission and that if he could not
afford a lawyer, one would be appointed to represent
him?
e) Identify the specific person who advised the defendant
of such rights.
f) Did the defendant waive his Miranda rights and if so
the defendant moves the Court to order the State to
produce the waiver and the circumstances under which
such waiver came about. Miranda v. Arizona , 384 U.S.
436; Taque v. Louisiana , No. 79-5836, on the docket of
the U.S. Supreme Court, dated January 21, 1980.
g) Was the defendant given any promise or inducement to
make any confession, statement and/or admission, and if
so, what is the exact time, date and place each such
promise and/or inducement was offered, and identify
persons who offered such promise and/or inducement and
8
described fully and in detail the promise and/or
inducement offered.
19) Did the defendant make any requests to communicate with any
attorney, members of his family or any one else at the time of or
subsequent to his arrest; and if so, what are the exact times,
dates and places each such request was made, the full nature of
each request; identify the person by whom such request was
granted or denied and by whom?
20) State whether or not the defendant has made any statement to
any representative of any law enforcement or prosecuting
authority or to any other person, which statement contained any
reference, or was otherwise relevant, to this matter. If so,
then for each statement:
a) State whether it was oral in writing.
b) State the date, time and place at which it was made.
c) Identify all representatives of any law enforcement or
prosecuting authority who were present at, or who
witnessed, any part of the making of the statement.
d) For each person identified above, state whether or not
he was known to the defendant at the time to be a
representative of a law enforcement or prosecuting
authority.
e) Identify all other persons who were present at, or who
witnessed any part of the making of the statement.
f) Identify all writings made by any person identified in
subsection "c" or "e" above which writing records or
reflects any information requested in this particulars
section.
g) State whether or not the statement, or any part of it,
inculpated or tended to inculpate the defendant as to
his guilt or innocence of the crime with which he is
9
charged, or as to any possible aggravating or
mitigating circumstances or factor thereof.
h) State whether or not the prosecution intends to
introduce such statement at the trial on the merits, or
any hearing.
i) For each oral statement of the defendant:
1) Identify the person or persons to whom it was
made;
2) State whether or not it was recorded or
transcribed in any manner;
3) Describe the manner in which it was recorded or
transcribed;
4) Disclose the substance of such statement;
5) Produce all recordings, transcriptions or written
summaries of each oral statement.
j) Identify the person or persons who actually wrote or
typed the statement;
1) Identify the person or persons who actually wrote
or type the statement;
2) Produce each such statement;
21) In addition to the above, disclose:
a) All responses to questions directions or communications
of any kind, and all observed behavior of the
defendant, which responses or behavior, if they were
written statements, would be requested in paragraphs
numbered 21, 22, 23, or 24.
b) All communications of the defendant in any form, that
purported to be, or to contain or evidence of any
waiver of his legal or constitutional rights, which
communications if they were written statements would be
requested in paragraphs numbered 21, 22, 23, and 24.
10
c) All waiver forms, warnings, cautions, or instructions
that were communicated to the defendant in any form, in
connection with:
1) Any written or oral statement response,
communication, or observed behavior of the
defendant described in paragraphs 21, 22, 23, or
24.
2) Any interview, examination, evaluation or contact
with or of the defendant by any representative of
the defendant by any prosecuting authority or by
any person acting under the supervision of, or
reporting to such representative.
d) All written or oral statements, all responses to
questions, directions or communications of any kind,
and all observed behavior of the defendant during an
interview, examination, evaluation or contact described
in paragraphs numbered 21, 22, 23, or 24, by through
which the defendant.
1) Indicated that he did not wish to, or would not,
respond to any question, direction or
communication;
2) Failed to respond to any question, direction or
communication.
22) Concerning physical evidence:
a) Does the state have in its possession, custody or
control any books, papers, documents, photographs,
tangible objects, including but not limited to any
weapons or objects which may be mistaken for a weapon,
buildings, places or copies or portions thereof which
are favorable to the defendant and which are material
and relevant to the issue of guilt or punishment or
11
material to the preparation of the defense or intended
for use by the State as evidence at the trial or were
obtained from or belong to the defendant or the victim
or any person, other than the defendant, who has
previously been suspected of the crime alleged herein?
If so, defendant moves to require the State to
authorize the defendant to inspect, copy, examine or
test, scientifically, photograph or otherwise
reproduce, said documents and tangible objects. LSA
Code of Criminal Procedure Article 718 .
b) If such evidence was seized pursuant to a search
warrant:
1) On what date and at what time and place was the
warrant issued?
2) By whom was the warrant issued?
3) Identify the persons who obtained the warrant and
who executed the affidavit in connection
therewith.
4) Were the allegations set forth in the affidavit
supporting the issuance of the search warrant all
within the personal knowledge of the affiant or
were these allegations totally or in part based
upon information supplied by another person?
5) If the allegations set forth in the affidavit
supporting the search warrant were supplied
totally or in part by a person other than the
affiant:
a) Identify said person:
b) Is this person the victim, the complainant, a
police officer or an informer?
c) If said person is an informer set forth in
12
detail facts within the personal knowledge of
the affiant at the time the affidavit was
executed from which they concluded the
informant was reliable.
6) Set forth in detail the facts alleged in the
affidavit upon which the search warrant was
issued.
7) Set forth with particularity the designation of
the area and/or name of the person authorized to
be searched, and the description of the things
authorized to be seized by the warrant.
8) The defendant moves the court to require the State
of Louisiana to produce and furnish the
defendant's attorney with a copy of such search
warrant.
c) If such evidence was seized as a result of a search
without warrant:
1) Describe fully and in detail the circumstances
precipitating the search.
2) What person and/or areas were searched?
3) What was the purpose of the search?
4) Upon what facts and circumstances were the
persons, the search, acting at the time of the
search without warrant.
5) Were the facts and circumstances upon which such
persons are acting at the time of the search
without warrant all within the personal knowledge
of said persons, or were these facts and
circumstances totally or in part based upon
information supplied by another person?
6) If the facts and circumstances upon which the
13
persons performing the search were acting at the
time of the search were supplied totally or in
part by a person other than the said persons:
a) Identify said person;
b) Is this person the victim, the complainant, a
police officer, or an informer?
c) If said person is an informer, set forth in
detail facts within the personal knowledge of
the persons performing the search at the time
the search was performed from which they
concluded the informant was reliable.
23) Was knife or gun or other dangerous weapons, or an
instrument or object which could appear to be a weapon or used as
a weapon, in the possession of any person present at the scene of
the incident, including but not limited to the alleged victim, at
the time of the alleged crime, referred to in "The Incident",
Paragraph 1 supra; and, was knife or gun or other dangerous
weapon, or an instrument or object which could appear to be a
weapon or used as a weapon, found at such scene and time? If so,
then for each weapon or instrument or object which could appear
to be a weapon or used as a weapon:
a) Identify all persons by whom it was possessed, and the
time of such possession;
b) Describe it in detail;
c) Disclose or not it was operable;
1) By whom it was used?
2) In what manner?
3) Describe the nature of any wound, injury, or damage
cause, inflicted, or otherwise occasioned by its
use.
4) Disclose the location, at the scene such weapon or
14
object was located.
d) State whether or not it was recovered by the State, and
if so, state:
1) When it recovered;
2) Where it was recovered;
3) By whom it was recovered;
24) Disclose the existence of, describe, the produce for
inspection and testing by counsel for the defendant the following
items:
a) All weapons or instrumentalities referred to in the
preceding request;
b) All objects taken in the course of the incident
referred to in "The Incident", Paragraph 1, supra.
c) All clothing and personal belongings of the defendant
and the alleged victim in the possession or control of
any law enforcement or prosecuting authority and which:
1) Are material to the preparation of the defense; or
2) Are intended for use by the prosecuting authority
as evidence at trial; or
3) Are not intended for use by the prosecuting
authority as evidence at trial.
25) For each item requested in either of the two preceding
requests, state whether or not any scientific tests, experiments,
or comparisons have been made and:
a) Describe each such test, experiment or comparison;
b) State when it was made;
c) Identify the person by whom it was made;
d) Disclose its results.
WITNESSES :
26) Concerning witnesses:
a) Identify all persons whom the District Attorney intends
15
to call as witnesses at any trial or hearing of this
case;
b) Disclose any relevant written or recorded statement of
each.
c) Disclose the relevant testimony given by each before
the Grand Jury.
27) Concerning potential witnesses:
a) Identify all persons whose names, addresses or
telephone numbers are being retained by the District
Attorney as potential witnesses at any trial or hearing
of this case; and,
b) Disclose any relevant written or recorded statement of
any such person.
28) Identify all persons whose names, addresses or telephone
numbers are being retained by any representative of any law
enforcement or prosecuting authority as potential witnesses at
any trial or hearing in this case.
29) Identify all persons who have given any written statements
to any representative of any law enforcement or prosecuting
authority in connection with this case.
30) Identify all persons who have given any oral statement to
any representative of any law enforcement or prosecuting
authority.
31) Identify all persons who have been contacted by the District
Attorney for the purpose of securing or confirming information in
connection with this case.
32) Identify all persons who have been contacted by any
representative of any law enforcement or prosecuting authority
for the purpose of securing or confirming any information in
connection with this case.
33) Identify all persons who are known or believed by the
16
District Attorney to have been present at, or to have observed,
the events surrounding the alleged crime, or any event or fact to
be proved by the District Attorney at any trial or hearing of
this case.
34) Identify all persons who are known or believed by any
representative of any law enforcement or prosecuting authority to
have been present at, or to have observed, the events surrounding
the alleged crime, or any event or fact to be proved by the
District Attorney at any trial or hearing of this case.
35) State whether or not any information has been supplied to
any representative of any law enforcement or prosecuting
authority in connection with this case by any informant. If so,
then:
a) Identify any such informant and state whether he
participated and/or observed the alleged crime; Roviaro
v. U.S. , 77 S.Ct. 623; State v. Dotson , 256 So.2d 594,
606.
b) Disclose the juvenile, and adult criminal records of
any such informant, including matters pending;
c) Disclose the dates, times, places and the kinds and
amounts involved, of any financial or other
compensation paid or made to any informant.
d) State whether or not any such informant has supplied
information to any law enforcement or prosecuting
authority in the past. If so, then:
1) Did such information lead or contribute to the
initiation of prosecution;
2) In what court and under what docket number was
such prosecution initiated;
3) Did such prosecution result in a conviction;
4) What kind and amount of compensation was made to
17
such informant;
e) Was the informant offered any immunity, reduction
or charge and/or sentence or other incentive in
exchange for his cooperation herein.
36) Identify all persons who the State called, requested or
subpoenaed or attempted to call in connection with this case to
testify before the Grand Jury, but who did not in fact appear
before the Grand Jury.
EXCULPATORY EVIDENCE :
37) Disclose all evidence that tends to negate the guilt or the
accused as to the alleged crime, or would tend to reduce his
punishment therefor, including information what could lead to the
discovery of such evidence, which evidence or information is in
the possession or control of:
a) The District Attorney; or
b) Any member of his staff; or
c) Any representative of any prosecuting authority that
has participated in the investigation or evaluation of
this case and who either regularly reports or with
reference to the alleged crime has reported to the
District Attorney or any member of his staff; or
d) Any representative of any law enforcement authority
that has participated in the investigation or
evaluation of this case and who either regularly
reports, or with reference to the alleged crime has
reported to the District Attorney or any member of his
staff; or
e) Any other person who has participated in the
investigation or evaluation of this case, and who
either regularly reports or with reference to this
particular case has reported to the District Attorney
18
or any member of his staff; or
f) Any member of any prosecuting authority; or
g) Any member of any enforcement authority; or
h) Any other person.
MEDICAL INFORMATION :
38) Were any photographs taken or description made of the
victim's alleged wound or wounds, trauma or traumas? If so
please state:
a) Identify the person or persons taking such photographs
and/or descriptions;
b) When, where and at what time said photographs and/or
descriptions taken?
c) Identify and produce any and all such photographs
and/or descriptions for copying.
39) Was the victim taken to a hospital or other medical
treatment facility after the alleged crime in question? If so:
a) On what date and time was the victim taken to a
hospital and/or medical treatment facility;
b) By whom was the victim seen at the above-named hospital
and/or medical treatment facility;
c) What medical assistance was rendered at the above-named
hospital and/or medical treatment facility;
d) Identify and provide copies of all writings prepared by
the above mentioned hospital and/or medical treatment
facility.
40) Did the victim receive any first aid or other medical
assistance or treatment?
a) Identify all professional personnel or other persons
who participated in or witnessed such aid, assistance,
or treatment.
b) Identify all writings prepared by all such persons in
19
connection with this matter.
41) Were any tests performed, or examinations conducted, on the
person or body of the victim, or on any substance obtained from
it? If so, then for each such test:
a) Describe it;
b) Disclose its results;
c) Identify all professional personnel or other person who
participated in its performance, or who witnesses any
part of it;
d) Identify and produce all writings prepared by all such
persons in connection with such test or this matter.
e) Was an autopsy performed, if so, by whom, when and
where; produce or state where the results of such
autopsy can be found, copied and examined and who has
the death certificate.
42) Were any tests performed, or examination conducted, on the
person or body of the defendant, or any substance obtained from
it? If so, then for each such test:
a) Describe it;
b) Disclose its results;
c) Identify all professional personnel or other persons
who participated in its performance, or who witnesses
any part of it;
d) Identify and produce all writing prepared by all such
persons in connection with such tests on this matter.
43) Defendant moves the Court to order the State, its agents,
servants and employees, including but not limited to the District
Attorney to provide the defendant with any and all information
contained in its files and which such information is favorable to
the defendant or exculpatory in any matter; all in accordance
with Brady v. Maryland , 373 U.S. 83 S.Ct. 1194; and to place the
20
State, its agents, servants and employees including but not
limited to the District Attorney under a continuing duty to
disclose such evidence or information.
44) The defendant moves the court to direct the State of
Louisiana, through its proper agents, including but not limited
to the District Attorney, and the St. Mary Parish Sheriff's
Office, to provide a copy of the alleged victim's criminal arrest
and conviction or to direct the District Attorney to secure same
from the St. Mary Parish Sheriff's Office or order the St. Mary
Parish Sheriff's Office to provide the same to the defendant's
attorney. State v. Henderson , 362 So.2d 1358.
45) The defendant moves the court to direct the State of
Louisiana through its proper agents, including but not limited to
the District Attorney and the St. Mary Parish Sheriff's Office to
provide a copy of the criminal records of the arrest and
conviction of all perspective state witnesses, including but not
limited to the ones listed in Particular No. 53 hereinabove.
State v. Harvey , 358 So.2d 1224; Brady v. Maryland , 393 U.S. 83;
U.S. v. Agurs , 427 U.S. 97.
46) Was the defendant taken before a committing magistrate or
other judicial officer after taken into custody, and what is the
exact time, date and place he was taken before such magistrate or
judicial officer?
47) Does the State intend at the trial of this case to offer
evidence of the commission of any other crime admissible under
the authority of R.S. 15:445 or R.S. 15:466 for the purpose of
establishing system, pattern and intent? ( LSA Code of Criminal
Procedure, Article 717 ).
48) Defendant moves to require the State to furnish him a copy
of any record of his criminal arrests and convictions that is in
their possession or custody. ( LSA Code of Criminal
21
Procedure,Article 717 ).
49) Did the State obtain or does the State have any exculpatory
evidence or evidence favorable to the defendant, and if so,
defendant moves to require the State to furnish him said
exculpatory evidence. ( LSA Code of Criminal Procedure,
Article722 ).
50) The defendant moves the Court to order the District Attorney
and the police authority concerned herein to produce for
examination by the defense all police reports, notes, personal or
otherwise, including but not limited to all grand jury testimony,
relating to this matter for the purpose of extracting exculpatory
material and/or evidence which relates to the issue of guilt or
punishment or impeachment of State witnesses herein or in the
alternative the court is moved to examine all such material in
camera, including but not limited to Grand Jury Testimony, and
deliver to the defense all such exculpatory material, in advance
of trial or at least, after the State's witness has testified but
before the defendant cross-examines. Martinez v. Wainwright , 621
F.2d 184 (5th Cir.1980).
51) The defendant moves the Court to order the State and police
authority concerned to provide the defense with criminal records
of all people it intends to use as witnesses at trial. Brady v.
Maryland , 393 U.S. 83 (1963); U.S. v. Agurs , 427 U.S. 97; Lewis
v. U.S. , 393 A.2d 109 (1978).
52) State whether or not the State intends to make the character
of the defendant or any other witnesses known to the State an
issue by introducing prior convictions.
53) Describe the weapon or weapons allegedly used by the
defendant.
54) In reference to the weapon described in Paragraph 53, the
defendant moves the State to allow the defense to inspect said
22
weapon.
55) Does the State intends to introduce any out-of-court
statement or statements that form part of the res gestae of the
alleged offense in question. If so, please state:
a) Who made such statement or statements;
b) The date and time and place such statement(s) were
made;
c) The substance of each such statement;
d) State whether or not such statement is exculpatory or
inculpatory as it relates to the defendant. (See
Article I Section 16 of the Louisiana Constitution of
1974 ; the Sixth Amendment to the Constitution of the
United States ; California v. Green , 339 U.S. 149, 90
S.Ct. 1930; State v. Johnson , 381 So.2d 436; State of
New Mexico v. Lunn , 484 P.2d 368; State v. Jackson , 381
So.2d 485 (La.1980).
56) The Court is moved to order the State, its agents, officers,
servants and personnel, including but not limited to the District
Attorney to produce any evidence favorable to the accused,
including but not limited to statements of witnesses
contradictory to any alleged eye-witness accounts, records of
arrest and convictions of the State's principal witnesses;
evidence of hostile demonstrations or overt act on part of the
victim toward the accused; evidence of dangerous character or
threats of victim against the accused; evidence adversely
affecting credibility of the State's witnesses. State v. Bailey ,
367 So.2d 368 (La.1979); State v. Roussel , 381 So.2d 796
(La.1980); Giles v. Maryland , 386 U.S. 75, 97 S.Ct. 793 (1967).
57) The court is moved to direct the State, its agents,
employees, officers and personnel, including but not limited to
the District Attorney, to honor their continuing duty to promptly
23
disclose to the Defense Attorney, such material and evidence upon
learning of same, even during the course of any hearing or trial
concerned herein. State v. Bailey , 367 So.2d 368
(La.1979); Statev. Roussel , 381 So.2d 796 (La. 1980); State v.
Falkins , 356 So.2d 415 (La.1978).
58) The Court is moved to direct the State, its agents,
employees, officers and personnel, including but not limited to
the District Attorney, to disclose to the defense all experts
consulted in this matter, their names, addresses, birthdays,
qualifications, and credentials, including but not limited to the
experts the State intends to use at trial and whether they are on
the State's payroll or have been privately retained by the State.
59) The Court is moved to direct the State, its agents,
deputies, servants and employees, including but not limited to
the District Attorney and the Law Enforcement Agency, concerned
herein,to disclose to the defense whether or not they have
informed any witness or potential witness not to discuss this
matter with the defendant's attorneys or investigators or whether
or not any such witness has called the District Attorney or any
member of the Law Enforcement Agency, concerned herein, and
informed either of them that the District Attorney or his
investigators has requested to talk to him or attempted to talk
to him, if so, then it is moved that the District Attorney or the
Law Enforcement Agency, concerned herein, inform the defense what
the witness told by the either of them.
60) The Court is further moved to direct the State, through the
District Attorney, to file with the Court prior to trial every
written statement, by any witness intended to be used by the
State at trial, the substance of any oral statement of any
witness intended to be used by the State at trial, the Grand Jury
Testimony of each of said witnesses and the complete police
24
report, with all supplemental and subsequent police reports, for
the purpose of granting access to the Defense, during trial, of
any impeaching material contained in statements, testimony, and
police reports, concerning any of said witnesses.
IT IS SO MOVED .
_____________________________
_______________
Attorney at Law
_______________
_______________ , Louisiana
____
RECEIVED AND FILED
__________________________
__________________________
DEPUTY CLERK OF COURT
25
O R D E R
Considering the foregoing motion:
IT IS ORDERED BY THE COURT that the State of Louisiana,
through its proper agents, including but not limited to
_______________ , District Attorney for the Parish of
_______________ , State of Louisiana and _______________ , Sheriff
of the Parish of _______________ , State of Louisiana, answer, in
writing, the foregoing Motion for Discovery, Bill of Particulars
and Motion for Production and cause a copy of such answer to be
furnished to defendant through his counsel of record on or before
the _______ day of _______________, 20 ____ , or show cause on the
said date why the said Motion for Discovery, Bill of Particulars
and Production should not be answered and completed herewith.
_______________ , Louisiana on this the _____ day of
________________,
20 ____ .
_______________________________
JUDGE
_____ JUDICIAL DISTRICT COURT
PLEASE SERVE :
_______________
Assistant District Attorney
Parish of _____
Courthouse Building
_____ , Louisiana ____
_______________
Coroner of _____ Parish
Post Office Box _____
_____ , Louisiana ____
_______________
Sheriff of _____ Parish
Courthouse Building
_____ , Louisiana ____
RECEIVED AND FILED
___________________________
___________________________
DEPUTY CLERK OF COURT
