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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 p repare 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 under signed 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 s tatement means to
identify sufficiently for purposes of a subpoena duces tecum , thus necessarily
requiring the person who is present legal custodian of such wr iting 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, numerica l, graphic, pictorial, and
demonstrative form.
"Written Statements" include all writing, transcriptions, paraphrases, summaries,
notes and numerical, graphic, pictorial, or demonst rative depictions of statements,
whether signed or unsigned; all written materials, including but not limited to
records and reports prepared by la w enforcement and prosecuting authorities, their
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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 enforcemen t and prosecuting authorities, their
representatives, and all professional personnel and all recordings and real or
physical objects, reflecting or used in any assessm ent 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 Departme nt of Public Safety, the Federal
Bureau of Investigation, and every other city, coun ty, parish, state, federal or
military agency having responsibilities for criminal law enforcement or 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 Departm ent of Justice and every other
city, county, parish, state, federal or military ag ency 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 acte d 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, ex perienced, or employed in
the fields of medicine, psychiatry, psychology, men tal health, pathology,
criminalistic, forensic science, all persons who co nduct scientific investigations or
examinations of any sort in connection with crimina l 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 c onnected with the prosecution of
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this case; and the successors of each.
"Alleged crime" includes the offense charged in the indictment, al l 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 :
1) With respect to the alleged act or acts of the def endant 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 des cribed 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 s tructure, 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 element s of the foregoing statute
then and in that event state whether or not the Sta te will use any presumptions or
inference(s) to establish intent and if so state up on what premise or evidence the
State will exhibit to create such inference(s) or 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?
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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 su pporting 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 i n 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 poli ce officer or an
informer?
c) If said person is an informer, set forth in deta il 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
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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 unkno wn, does the arrest warrant
designate the person to be arrested by any name or description by which he ca n 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?
1 5) Is the arrest warrant signed by the issuing magist rate 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 a cted 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 act ed 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
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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 othe r 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 s tatement 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 adm ission 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 offer ed, 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 request s 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:
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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 o r innocence of the
crime with which he is 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 perso n 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.
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b) All communications of the defendant in any fo rm, that purported to be, or
to contain or evidence of any waiver of his legal o r constitutional
rights, which communications if they were written statements would be
requested in paragraphs numbered 21, 22, 23, and 24.
c) All waiver forms, warnings, cautions, or instructi ons that were
communicated to the defendant in any form, in connection with:
1) Any written or oral statement response, communication, or obs erved
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 w hich are favorable to
the defendant and which are material and relevant to the issue of guilt
or punishment or material to the preparation of the defense or intended
for use by the State as evidence at the trial or we re 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?
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2) By whom was the warrant issued?
3) Identify the persons w ho 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 allegatio ns set forth in the affidavit supporting the search
warrant were supplied totally or in part by a person other tha n 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 the affidavit
was executed fro m 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 th e 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 circ umstances 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
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totally or in part based upon information supplied by another
person?
6) If the facts and circumstances upon which the persons performing
the search were acting at the time of the search we re 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 "T he 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 a ny wound, injury, or damage cause,
inflicted, or otherwise occasioned by its use.
4) Disclose the location, at the scene such weapon or object was
located.
d) State whether or not it was recovered by the State, an d 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
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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 defend ant and the alleged
victim in the possession or control of any law enforcement or prosecuting authority and which:
1) Are material to the pr eparation 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 whet her
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 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 person s 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, addre sses 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 r epresentative
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
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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 sec uring or confirming any
information in connection with this case.
33) Identify all persons who are known or believed by the 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 con nection 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 adu lt 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 suc h prosecution
initiated;
3) Did such prosecution result in a conviction;
4) What kind and amount of compensation was made to such informant;
e) Was the informant offered any immunity, reduction or charge and/or
sentence or other incentive in exchange for his cooperation herein.
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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 punishme nt 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 wh o 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 participa ted
in the investigation or evaluation of this case and who either regularly
reports, or with reference to the al leged 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 report ed to the District Attorney 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 facil ity after the
alleged crime in question? If so:
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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 hos pital 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 treatme nt?
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 perso ns in 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 o r 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 orde r 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
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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 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 Dis trict Attorney, and the St. Mary
Parish Sheriff's Office, to provide a copy of the alleged victim's criminal arrest and
convictio n or to direct the District Attorney to secure same from the St. Mary Parish
Sheriff's Office or order the St. Mary Parish Sheri ff'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 Dis trict Attorney and the St. Mary
Parish Sheriff's Office to provide a copy of the cr iminal 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 jud icial officer
after taken into custody, and what is the exact tim e, 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 unde r the authority of R.S. 15:445 or R.S.
15:466 for the purpose of establishing system, pattern an d 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 Procedure,Article 717).
49) Did the State obtain or does the State have any exculpatory evidenc e 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 Distric t 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
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Sta te witnesses herein or in the alternative the court is moved to examine all such
material in camera, including but not limited to Gr and Jury Testimony, and deliver to
the defense all such exculpatory material, in advan ce 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 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 off ense 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 Distric t 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 affe cting 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).
17
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 disclose to the Defense Attorney, such material and
evidence upon learning of same, even during the course o f 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
person nel, including but not limited to the District Atto rney, 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 payrol l 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 Distric t 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 thi s matter with the defendant's
attorneys or investigators or whether or not any su ch 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 Att orney
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 Attorn ey,
to file with the Court prior to trial every written st atement, 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 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 ____
18
RECEIVED AND FILED
__________________________
__________________________
DEPUTY CLERK OF COURT
19
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 foreg oing Motion for
Discovery, Bill of Particulars and Motion for Production and cause a copy of such
answer to be furnished to defendant through his cou nsel 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 Produ ction 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
