Judge Karahan, a former prosecutor, and
Houston Criminal Defense Attorney understands how important it is to have all the evidence in a
criminal case before being able to properly evaluate a case. Thus, he has the following
discovery order in place for all criminal cases in his court.
YOUR CASE NUMBER HERE
THE STATE OF TEXAS
IN THE COUNTY CRIMINAL
COURT AT LAW # 8
YOUR NAME HERE
HARRIS COUNTY, TEXAS
The State is ORDERED to furnish to Defendant:
1. A list and the addresses of witnesses the State intends to all in its
case in chief by filing a subpoena list with the Clerk of the court.
2. All written, transcribed or electronically recorded audio and/or video
statements of the Defendant along with all confessions or statements,
whether verbal or otherwise, made pursuant to Art 38.22 C.C.P., including
all portions of offense reports containing a verbatim account of the statement.
3. Inspection of:
a. All items seized from Defendant, co-defendant or any accomplice.
b. All physical objects to be introduced as part of the State's case.
c. All documents, photographs, electronic audio and/or video recordings,
investigative charts or diagrams to be introduced at trial.
d. All contraband, weapons, implements of criminal activity seized or acquired
by the state or its agents in the investigation of this case.
e. All records of conviction that may be admissible in evidence or used
for impeachment of Defendant.
f. All tangible items of physical evidence collected by the state or its
agents concerning the alleged offense including, but not limited to, latent
fingerprints, hairs, fiber, fingernail scrapings, body fluids, tire tracks,
paint scrapings, etc.
g. All extraneous offense, to be described by date, time, and place, which
may be admissible against Defendant.
h. All known psychiatric/ psychological reports concerning Defendant.
4. All promises of benefit or leniency afforded to any accomplice or prospective
witness in connection with his/her proposed testimony or cooperation with
regard to the alleged offense.
5. All known convictions admissible to impeach State's proposed witnesses.
6. All known convictions, pending charges or suspected criminal offense
of any accomplice who is a prospective State's witness.
7. Copies of all complaints, search
warrants (with related affidavits) and laboratory reports of all examinations of
contraband or fingerprints.
8. Inspection of all business records or government records that the state
expects to offer into evidence.
9. All exculpatory evidence pursuant to
Brady V. Maryland and related cases.
10. The State must produce all of the above items that are in the possession
of the State's attorneys or which are known, or with exercise of due
diligence, known to be in the Possession of the investigating officers
or other agents of the State.
11. All video and tape recordings that depict Defendant or his/her image
and or voice including any scene videos.
12. As soon as is practicable, any document, diagram, model, summary r
other chart prepared by the State as demonstrated evidence or "Jury
13. In appropriate cases, the State is encouraged to allow the Defense
to inspect offense reports and witness statements in advance of trial.
Such reports and statements are normally work product of the State and
are therefore protected from mandatory disclosure unless the contents
are exculpatory. These materials must be tendered to the Defense for cross-examination
on proper request as required by law.
The State and the Defendant SHALL disclose:
In writing to the other party the name or names and the addresses of each
person the respective party may use to present evidence under rules 702,
703, and 705, Texas Rules of Evidence, at the trial in this case, at least
twenty (20) days before the trial is scheduled to begin but in any event
no later than ____________________________________________.
EXCLUSIVELY OF THIS ORDER/ ADDITIONAL DISCOVERY REQUESTS
This order will dispose of all pretrial discoveries and specified request
motions previously filed. In this event that additional particularized
discovery is necessary, the Defense must file a written Motion for Discovery,
addressing only matters not covered in this order, to be presented to the Court for consideration at the earliest practical
opportunity before trial. Article 39.14 (b) of the Code of
Criminal Procedure will control the discovery of experts.
PRODUCTION and COMPLIANCE UNDER THIS ORDER
Unless another time is specified above, the State is ORDERED to furnish
the above items for inspection and/ or copying on or before the
10th day before trial.
The Defense must exercise reasonable diligence to contact the State's
Attorney and arrange a mutually convenient time and place for compliance. Any objection to the failure of the State to comply with this Order must
be in writing and filed with the Court on or before the
5th day following the deadline for discovery compliance.
It is counsel's responsibility to notify the court immediately of any
compliance issues under the terms of this Order. Any Defense objection
to the State's discovery compliance will be set for a hearing before
ORDERED AND ENTERED this _________ Day of ________________ 20____.
Jay Karahan, Judge Presiding
APPROVED AS TO FORM AND SUBSTANCE