Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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This document is a document filed in a mock court in the State of Ridgeway on Roblox.com. I am a notary public of the State of Texas in real life. A notary public cannot give legal advice or accept fees for legal advice. See Tex. Gov't Code § 406.017. This document does not constitute legal advice in any way, shape, or form. SUPERIOR COURT OF THE STATE OF RIDGEWAY THE STATE OF RIDGEWAY, v. ZULUCENTURION, Defendant. No. RSC-CM-488 DEFENSE’S MOTION FOR DISCOVERY The Defense, by and through undersigned counsel, hereby, pursuant to Ridgeway Rule of Criminal Procedure 14, moves for discovery of the following– GENERAL DISCOVERY 1. Defendant(s)’ Statements | Rule 14(a)(1)(a)(i). The Defense is entitled to disclosure of all copies of any written or recorded statements made by the Defendant(s), the substance of any statements made by the Defendant(s) which the Government intends to offer in evidence at trial, any response by the Defendant(s) to interrogation, the substance of any oral statements which the Government intends to introduce at trial and any written summaries of the Defendant(s)’ oral statements contained in the handwritten notes of any government agent; any response to any Miranda warnings which may have been given to the Defendant(s); and all other of the Defendant(s)’ statements that are discoverable. See United States v. Safavian, 233 F.R.D. 12 (D.D.C. 2005) (holding that the Government is required to disclose any statement of a Defendant in the possession, custody, or control of any executive branch agency or department, regardless of whether the statement originated from a local law enforcement agency, a non-law enforcement agency of the government, or a coordinate branch of the government). 2. Video Evidence. Any video evidence that the Government may have to support the charges, and the timestamps of which are alleged to show that the Defendant(s) have committed the alleged offenses. DEFENSE’S MOTION FOR DISCOVERY - 1 - DorkJacob Law 1B Palm View Palmer, Ridgeway This document is a document filed in a mock court in the State of Ridgeway on Roblox.com. I am a notary public of the State of Texas in real life. A notary public cannot give legal advice or accept fees for legal advice. See Tex. Gov't Code § 406.017. This document does not constitute legal advice in any way, shape, or form. 3. Documents & Objects. Copies of, or an opportunity to inspect and copy or photograph, any books, papers, documents, depictions, photographs, tangible objects, buildings, automobiles, or places that are material to the preparation of the Defense, are intended for use by the government in its case-in-chief or were obtained from or belong to the Defendant(s). 4. Reports of Tests or Examinations. The Defense requests the reports of all tests and examinations conducted upon the evidence in this case that is within the possession, custody, or control of the Government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the government, and which are material to the preparation of the defense or which are intended for use by the Government as evidence-in-chief at trial. This does not include investigation reports. 5. Witnesses. The Defense requests the names, contact information, and written testimony of any witness the Government intends to present at trial or will present if the need arises, and any exhibits the Government plans to use to summarize or enforce the testimony. a. Officers of the Government Testifying. If the Government intends to call an officer of the Government to testify, the Defense requests their personnel files, e.g. employment contracts. b. Evidence of Criminal Investigation of Any Government Witness United States v. Chitty, 760 F.2d 425 (2nd Cir. 1985), The Defense requests any evidence that any prospective witness is under investigation by authorities for any criminal conduct. c. Giglio Information | Giglio v. United States, 405 U.S. 150 (1972). The Defense requests all statements and/or promises, expressed or implied, made to any government witnesses, agencies, entities, or other governments in DEFENSE’S MOTION FOR DISCOVERY - 2 - DorkJacob Law 1B Palm View Palmer, Ridgeway This document is a document filed in a mock court in the State of Ridgeway on Roblox.com. I am a notary public of the State of Texas in real life. A notary public cannot give legal advice or accept fees for legal advice. See Tex. Gov't Code § 406.017. This document does not constitute legal advice in any way, shape, or form. exchange for their testimony in this case, and all other information which could arguably be used for the impeachment of any government witnesses. d. Government Examination of Law Enforcement Personnel Files United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991). The Defense requests that the Government examine the personnel files and any other files within its custody, care, or control, or which could be obtained by the Government, for all witnesses. The Defense requests that these files be reviewed by the Government for evidence of perjurious conduct or other like dishonesty, or any other exculpatory material. e. Evidence of Bias or Motive to Lie | Pennsylvania v. Ritchie, 480 U.S. 39 (1987). The Defense requests any evidence that any prospective government witness is biased or prejudiced against the Defendant(s), or has a motive to falsify or distort their testimony. f. Information Regarding Complainants, Informants & Cooperating Witnesses | Roviaro v. United States, 353 U.S. 53 (1957). The Defense requests that the Government provide all relevant information concerning any complainant(s), informant(s), and/or cooperating witness(es). The Government is obligated to disclose the identification and location of any of them, as well as the identity and contact information of any other witnesses. g. Expert Witnesses. A written summary of testimony the government intends to use under Ridgeway Rules of Evidence 43, 44, and 46, describing the witnesses’ qualifications, opinions, and the bases and reasons for those opinions, and the contact information of those witnesses. 6. Request for Preservation of Evidence. The Defense specifically requests that all evidence in whatever form, including but not limited to all notes, reports, memoranda, logs, video and audiotapes, dispatch/radio broadcasts, surveillance records, telephone conversations, photographs, and any and all physical evidence DEFENSE’S MOTION FOR DISCOVERY - 3 - DorkJacob Law 1B Palm View Palmer, Ridgeway This document is a document filed in a mock court in the State of Ridgeway on Roblox.com. I am a notary public of the State of Texas in real life. A notary public cannot give legal advice or accept fees for legal advice. See Tex. Gov't Code § 406.017. This document does not constitute legal advice in any way, shape, or form. that may be destroyed, lost, or otherwise put out of the possession, custody, or care of the government and which relate to the Information or the events leading to the Information being filed be preserved. The Defense requests that all information and statements taken in whatever form including but not limited to meetings, conferences, conversations, debriefings, and proffers be audio or tape-recorded. Tape recording those proceedings will ensure an accurate record of what statements are actually made by any potential witness. EXCULPATORY DISCOVERY 7. Exculpatory Evidence | Brady v. Maryland, 373 U.S. 83 (1963). The Defense requests all information of whatever source, form, or nature, including but not limited to documents, statements, intelligence, reports, and any and all tangible evidence favorable to the Defense on the issue of guilt and/or which affects the credibility of the Government’s case. Impeachment, as well as exculpatory evidence, falls within Brady’s definition of evidence favorable to the accused. See United States v. Bagley, 473 U.S. 667 (1985); United States v. Agurs, 427 U.S. 97 (1976). “[T]he government has the obligation to turn over evidence in its possession that is both favorable to the accused and material to guilt or punishment … evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Pennsylvania v. Ritchie, 480 U.S. 39, 57 (1987) (cleaned up). The evidence disclosed under Brady requires that information be produced in such a way that it will be of value to the Defense. See United States v. Hsia, 24 F. Supp. 2d 14, 29 (D.D.C. 1998) (“The Government can’t meet its Brady obligations by providing [the Defense] with access to 600,000 documents and then claiming that [they] should have been able to find the exculpatory information in the haystack.”), rev’d on other grounds, 176 F.3d 517 (D.C. Cir. 1999) DEFENSE’S MOTION FOR DISCOVERY - 4 - DorkJacob Law 1B Palm View Palmer, Ridgeway This document is a document filed in a mock court in the State of Ridgeway on Roblox.com. I am a notary public of the State of Texas in real life. A notary public cannot give legal advice or accept fees for legal advice. See Tex. Gov't Code § 406.017. This document does not constitute legal advice in any way, shape, or form. 8. Favorable Witnesses | Jackson v. Wainwright, 390 F.2d 288 (5th Cir. 1968). The Defense requests any witness statements that may be favorable to the Defendant(s), and the contact information of any witness who the Government does not intend to call at trial, or who made an arguably favorable statement concerning the Defendant(s). 9. Witness Statements. The Defense requests any written statements made by the witness that is signed or otherwise adopted and approved by the witness, a substantially verbatim recital of an oral statement recorded contemporaneously, or a statement made to a grand jury, as well as, any other related material. 10. Evidence Rule 60 Disclosures. The Defense requests that they be advised whether the Government will seek to offer any chart, summary, or calculation in evidence, and, if so, (1) that all such charts, summaries, and calculations be produced, and (2) that all writings, recordings, or other information on which such charts, summaries, or calculations are based also be produced to the Defense. 11. Evidence Rule 49 Disclosures. The Defense requests that the Government disclose whether it intends to offer in its case-in-chief as a statement any of the following and that it provide the substance of any such statement– a. Any statement as to which the Defendant(s) allegedly manifested his adoption or belief in its truth. b. Any statement made by another which was purportedly authorized by the Defendant(s). c. Any statement made by an agent or employee of the Defendant(s) concerning a matter within the scope of his or her agency or employment made during the existence of such a relationship. d. Any statement made by an alleged co-conspirator during the course of an in furtherance of any alleged conspiracy. DEFENSE’S MOTION FOR DISCOVERY - 5 - DorkJacob Law 1B Palm View Palmer, Ridgeway This document is a document filed in a mock court in the State of Ridgeway on Roblox.com. I am a notary public of the State of Texas in real life. A notary public cannot give legal advice or accept fees for legal advice. See Tex. Gov't Code § 406.017. This document does not constitute legal advice in any way, shape, or form. MISCELLANEOUS DISCOVERY 10. Bad Acts | Ridgeway Rule of Evidence 13. Notice of evidence of any other crimes, wrongs, or acts which the Government intends to introduce at trial. This includes a request for all supporting records, reports, notes, and memoranda providing the details of any such evidence. 11. Sentencing Disclosures. The Defense requests that the Government provide all relevant information concerning sentencing if not already provided. If the Government does not produce any of the requested material, the Defense requests that the Government state, in writing, the reasons why the Government refuses to produce such material. In response, the Defense will request a pretrial conference to resolve such dispute or will engage in motion practice. If the Government has produced all the material and other information it has, the Government should certify as much. Dated: July 3rd, 2022 Palmer, Ridgeway /s/ DorkJacob ——————————————————————————— DORKJACOB Ridgeway Bar No. 17135 Counsel of Record DorkJacob Law 1B Palm View Palmer, Ridgeway JacobInAustin#0001 [email protected] Attorney for Defendant(s) DEFENSE’S MOTION FOR DISCOVERY - 6 - DorkJacob Law 1B Palm View Palmer, Ridgeway

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