IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
STATE OF RIDGEWAY
v.
NJTHAN,
Defendant.
___________________________/
CRIMINAL DIVISION
CASE NO.: RSC-CM-2413
JUDGE: HON. ENFORCEMENTBEYOND
ORDER DENYING DEFENSE COUNSEL’S MOTION FOR A BILL OF PARTICULARS
THIS MATTER came before the Court on Defendant’s attorney, JamesGardai.
Defendant’s attorney filed a motion requesting a bill of particulars pursuant to Rid. R. Crim.
P(13)(b)(1), the motion is DENIED for the reasons explained therein.
I. BACKGROUND
Defendant’s attorney filed a motion for a bill of particulars, declaring that they wish to
obtain more facts regarding the case than are currently present.
The defense demands that a bill of particulars be submitted that includes but is not
limited to:
1. The time of the alleged offenses
2. The definite location or venue of the offenses
3. The manner and means of the alleged offenses
4. What part(s) and in what manner of the incident did ReedDom participate in
5. All tools, including but not limited to melee weapons, firearms, and any deadly
weapons, including vehicles, used in the incident by any party
II. LEGAL STANDARD
According to Rid. R. Crim. P(13)(b)(1), the motion is used to “give both the defendant
and the court reasonable notice of the crime charged, including time, place, manner, or means”.
See section I for requested contents by the bill.
The two counts listed in the criminal information happened in tandem with each other. As
such, the requested information may be merged together from both counts. An exact date and
place are mentioned in the criminal information, as are the manner and means. The court sees no
reason to doubt these findings, and as such will not be requiring the prosecution to provide these
details a second time. This leaves the court to answer the questions whether there is enough
evidence and whether or not there is any reason to doubt the evidence provided in the state’s
discovery document.
Furthermore, a bill of particulars is not required when a state allows open file discovery.
The state of Ridgeway has always practiced open-file discovery, with the exception of
confidential materials in high-profile cases such as Grand Jury indictments. As such, a bill of
particulars does not have to be granted except in such cases where the complaint itself was
insufficient to inform the accused of the charges against which he or she must defend (see State
v. Price, 43 P.3d 870 (Kan. Ct. App. 2002)).
III. CONCLUSION
Accordingly, the Court holds that Defendant’s Motion for a Bill of Particulars is
DENIED.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Milton, Ridgeway
County, Ridgeway, this 07th day of April, 2024.
/s/ bommes
BOMMES
MAGISTRATE JUDGE
Copies to:
Plaintiff / Defendant
Techiey, Prosecutor
JamesGardai, Counsel for the Defendant
