Library of Motions – Motion For The Production Of Exculpatory And Mitigating Evidence

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES the Defendant, (Defendant’s Name)., in the above-styled and numbered cause, and respectfully requests the Court to order the State of Texas to reveal and produce the following:

1. The physical or tangible objects in the possession of the prosecuting attorneys or their agents which may be relevant to the guilt or innocence of the Defendant.
2. Any documents or records of any kind which, in any way, question or raise doubts about the accuracy or reliability of any scientific and/or expert testing.
3. The criminal record of the witnesses called by the prosecution, including arrests, indictments, convictions, acquittals or charges now pending against said witnesses.
4. Any evidence, documentary or otherwise, which might undermine or tend to undermine the credibility of any state witness.
5. All exculpatory evidence which the prosecuting attorneys and their agents may have in their files.
6. Any evidence of any kind which is in any way mitigating.
7. Statements of witnesses not called by the prosecution as witnesses during the State’s case-in-chief.

In the event that any of the above-requested evidence exists, the Defendant moves that the Court order the prosecuting attorney to produce the same for inspection by the defense at the earliest possible time the existence of such evidence becomes known to the State. In the alternative, without waiving the above request, the Defendant moves that such evidence be submitted to the Court for in camera inspection. If the Court denies the defense access to the information, the Defendant requests that said evidence be sealed and included in the record on appeal.

Defendant would show the Court that the failure to produce the above?requested evidence would result in the suppression of evidence and a violation of the United States Constitution, Amendments V, VI and XIV. See Kyles v. Whitley, 514 U.S. 419, 115 S. Ct. 1555, 131 L. Ed. 2d 490 (1995); Brady v. Maryland, 373 U.S. 83, 83 S. Ct. ll94, l0 L.Ed.2d 2l5 (l963); Ashley v. Texas, 3l9 F.2d 80 (5th Cir. l963).

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Court grant this Motion in all things.

I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion for the Production and Inspection of Evidence and/or Information Which May Lead to Evidence was mailed to Mr. Bill Hill, Dallas County District Attorney, on this the ________ day of ___________, 200___.

ON THIS the ______ day of______________, 200__, came on to be heard the foregoing Motion for the Production and Inspection of Evidence and/or Information Which May Lead to Evidence, and same is hereby GRANTED/DENIED, to which action Defendant excepted.