Louisiana Discovery

REQUEST AND MOTION FOR DISCOVERY, DISCLOSURE, INSPECTION AND FOR A BILL OF PARTICULARS

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 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 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 assertions 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 criminal investigation; and the successors of each.

THE INCIDENT:

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 presumption(s).

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?

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:

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 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?

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 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.

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.

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 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:

PHYSICAL EVIDENCE:

22) Concerning physical evidence:

WITNESSES:

26) Concerning witnesses:

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.

MEDICAL INFORMATION:

38) Were any photographs taken or description made of the victim's alleged wound or wounds, trauma or traumas?

39) Was the victim taken to a hospital or other medical treatment facility after the alleged crime in question?

40) Did the victim receive any first aid or other medical assistance or treatment?

41) Were any tests performed, or examinations conducted, on the person or body of the victim, or on any substance obtained from it?

42) Were any tests performed, or examination conducted, on the person or body of the defendant, or any substance obtained from it?

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.

44) Criminal arrest and conviction records of the alleged victim.

45) Criminal records of all prospective state witnesses.

46) Was the defendant taken before a committing magistrate or other judicial officer after taken into custody?

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?

48) Defendant moves to require the State to furnish him a copy of any record of his criminal arrests and convictions.

49) Did the State obtain or does the State have any exculpatory evidence or evidence favorable to the defendant?

50) Police reports, notes, and Grand Jury testimony for in camera review.

51) Criminal records of all people the State intends to use as witnesses at trial.

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 weapon.

55) Does the State intend to introduce any out-of-court statement or statements that form part of the res gestae of the alleged offense in question?

56) Produce any evidence favorable to the accused, including contradictory statements, arrest records, hostile acts, or credibility evidence.

57) Honor continuing duty to disclose material and evidence upon learning of same, even during hearing or trial.

58) Disclose all experts consulted in this matter.

59) Disclose whether witnesses were told not to discuss the matter with defense or investigators.

60) File with the Court prior to trial every written statement and related reports of any witness intended to be used by the State.

IT IS SO MOVED.

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.

PLEASE SERVE:

Assistant District Attorney

Parish of

Courthouse Building

Coroner of Parish

Post Office Box

Sheriff of Parish

Courthouse Building

RECEIVED AND FILED