Motion and order for discovery with notice of defense based on mental condition louisiana form
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Criminal Action No. ________
________ JUDICIAL DISTRICT COURT IN AND FOR THE
PARISH OF ________ , STATE OF LOUISIANA
STATE OF LOUISIANA
VS
_________________
* * *
MOTION FOR DISCOVERY
Defendant, ________________ , through his/her undersigned counsel, moves that the
District Attorney be ordered:
l. To permit defendant to inspect and copy any relevant written or
recorded confessions or statements of any nature of defendant in
possession, custody, control or knowledge of the District Attorney.
2. To inform the defendant of the existence and substance of any oral
confession or statement of any nature made by the defendant, with
the information as to when, where, and to whom such oral
confession was made.
3. To permit defendant to examine and test scientifically all tangible
objects which are in the possession, care, custody or control of the
State which are favorable to the defendant and which are material
and relevant to the issue of guilt or punishment or are intended for
use by the State as evidence at the trial or were obtained from or
belonging to the defendant.
4. To permit defendant to inspect and copy all results and reports of
scientific tests and experiments that are in possession, custody or
control or knowledge of the District Attorney.
5. To inform the defendant of the existence and substance of any
exculpatory evidence relative to guilt, punishment and the
impeachment of prosecution witnesses, including but not limited to
physical evidence, names and addresses of exculpatory witnesses,
prior statements of witnesses, "rap sheets" and/or prior criminal
and juvenile records of prosecution witnesses and victim.
6. To inform the defendant of any prior crimes evidence that may be
used at the trial of this matter, pursuant to Prieur vs. Louisiana .
_____________________________
________________
Attorney at Law
________________
________ , LA _____
( ___ ) _____
Criminal Action No. ________
_______ JUDICIAL DISTRICT COURT IN AND FOR THE
PARISH OF _______ , STATE OF LOUISIANA
STATE OF LOUISIANA
VS
_________________
* * *
O R D E R
Considering the foregoing motion,
IT IS ORDERED that the State of Louisiana, through the Office of the District Attorney
for the Parish of ________ , Louisiana, show cause why a Motion for Discovery should not be
complied with on or prior to the ___ day of ________ , 20 ___ , at ___ o’clock ___ .M., the
aforesaid date being previously fixed by this Court for hearing on all motions filed by defendant
in these proceedings.
________________ , Louisiana, this _____ day of ________ 20 ___ .
___________________________
DISTRICT JUDGE
Criminal Action No. ________
________ JUDICIAL DISTRICT COURT IN AND FOR THE
PARISH OF ________ , STATE OF LOUISIANA
STATE OF LOUISIANA
VS
_______________
* * *
NOTICE OF DEFENSE BASED UPON MENTAL CONDITION
The Defendant, ________________ , through undersigned counsel, gives notice to the
State of Louisiana that pursuant to La. C.Cr.P. Art. 726, that he/she intends to introduce
testimony relating to a mental condition or intoxication. At the time of the alleged offense, the
Defendant was incapable of forming the intent to commit the crime charged. As such, he\she is
exempt from criminal responsibility.
__________________________
________________
Attorney at Law
________________
________ , LA _____
( ___ ) _____
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing Motion for Discovery and
Notice of Defense based upon Mental Condition has this date been served upon the Office of
District Attorney for the Parish of _______ , Louisiana, by hand delivering a copy of the same.
_____________ , Louisiana, this ______ day of _______ 20 ___ .
_________________________
_____________
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