Fill and Sign the Motion Order Discovery Form

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 _______________ * * * MOTION FOR PRODUCTION AND INSPECTION OF EVIDENCE Defendant, _________________ , his/her undersigned counsel, respectfully requests that the State of Louisiana, through the Office of the District Attorney for the Parish of _______ , Louisiana, be ordered to comply with the following request for production and inspection of evidence: I. Permit defendant, through his/her undersigned counsel, to inspect and copy, or otherwise reproduce, the following: A. Any relevant written or recorded confessions or statements of the defendant which are in the possession, custody, control or knowledge of the State; B. Any relevant written or recorded statements of any police officer who investigated the alleged offense, and any and all witnesses interviewed by any law enforcement official or officials or officer of the Court; C. All results and/or reports of examination of defendant and results and/or reports of scientific or chemical tests or experiments made in connection with or material to this particular case that are in the possession, custody, control or knowledge of the State and which are intended for use at trial; and D. All written or recorded confessions or inculpatory statements made by a co- defendant and intended for use at trial. II. Defendant, through undersigned counsel, further moves to require the State of Louisiana, through the Office of the District Attorney for the Parish of Lafayette, Louisiana, to inform the defendant of the following: A. The existence and/or contents of an oral confession(s) or statement(s) of any nature made by defendant and which the State intends to offer into evidence at trial of this matter, with information as to when, where, and to whom such oral confession(s) are statement(s) were made; B. The substance of any oral confession(s) or statement(s) which the State intends to offer into evidence made by the defendant, whether before or after arrest, in response to interrogation by any person then known to the defendant to be a law enforcement officer; and C. The names, addresses and telephone number(s) of each and every witness which the State intends to call at the trial of this matter. III. Defendant, through undersigned counsel, further moves to require the State of Louisiana, through the Office of the District Attorney for the Parish of _______ , Louisiana, to furnish defendant a copy of any record of his criminal arrests and convictions that are in the possession or custody of the State or any law enforcement agency. IV. Defendant, through undersigned counsel, further moves to require the State of Louisiana, through the Office of the District Attorney for the Parish of _______ , Louisiana, to permit or authorize the defendant, through undersigned counsel, to inspect, copy, examine, test scientifically, photograph or otherwise reproduce books, papers, documents, photographs, tangible objects, buildings, places or copies or portions thereof, which are in the possession, custody or control of the State, and which are favorable to the defendant, or intended for use by the State as evidence at trial or were obtained from or belonged to the defendant. Included in this request are photographs of any alleged crime, photographs of defendant or any co-defendant at the time of his booking. V. Defendant, through undersigned counsel, further moves to require the State of Louisiana, through the Office of the District Attorney for the Parish of _______ , Louisiana, to inform the defendant of the State's intent to offer evidence of the commission of any other crimes admissible under the authority of La.R.S. l5:445 or La. R.S. l5:446. VI. Defendant, through undersigned counsel, further moves to require the State of Louisiana, through the Office of the District Attorney for the Parish of _______ , Louisiana, to inform the defendant of the State's intention to use hearsay statements of co-conspirators pursuant to La. R.S. l5:455. Mover further shows the Court that he is in need of the aforementioned items, and that said items are essential in the preparation of this defense to the charges lodged against defendant in these proceedings. Respectfully Submitted: ___________________________ _________________ 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 Production and Inspection of Evidence and 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 Production and Inspection of Evidence, Motion for Discovery, and Notice of Defense Based Upon Mental Condition has been mailed to the Office of the District Attorney for the Parish of _______ , _________________ , _________________ , Louisiana _______ , by placing a copy of same in United States mail, postage pre-paid and properly addressed.. _________________ , Louisiana, this ______ day of _______ 20 ___ . __________________________ _________________