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Fill and Sign the Motion and Order for Discovery with Notice of Defense Based on Mental Condition Louisiana Form

Fill and Sign the 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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