Notes in Regards to Discovery Answers
· A felony discovery package will be composed of, at most, ten questions.
· Question one includes the written or recorded information made by the defendant.
o This includes signatures and oral statements.
o The oral statements can be found in police reports, victim packages, or witness statements.
o Signatures to be aware of are consents to search, Miranda rights, and their statement.
· Question two provides the defendants recorded testimony before a Grand Jury.
o This would include transcripts and CD’s.
o In a felony matter this does not always apply.
· Question three contains all the written or recorded information of a co-defendant.
o This information would be found in the same place as question one.
o Not all cases have a co-defendant, but the charges will mention if there is one.
o If there is a co-defendant this information should be listed with question one.
· Question four produces all of the evidence that will be used by the state.
o This pertains only to nonscientific evidence.
o Photos, police reports, recordings, signed Miranda rights, consent to search, seizure reports, evidence and examination request receipts, No contact orders, medical release forms, domestic violence sexual assault forms, etc.
o Make sure to include the correct report numbers or dates when needed.
· Question five handles the scientific data.
o Examinations, tests, or experiments.
o The most common were lab results.
o Always include the lab number.
· Question six lists expert witnesses.
o Credentials are usual given to the defense the day of trial.
· Question seven enumerates all the other witnesses and their addresses.
o Not just the people who provide witness statements.
o People who sign a document, like the a consent to search or the police officer who signed off on delivering a lab report, will be called.
o Remember that lab reports have to be received in order to yield findings.
o The best way to figure this out is to go through all of the evidence listed in question four and five and match it to someone.
· Question eight presents what each witness is expected to testify to.
o This should be combined with question seven.
· Question nine gives any prior convictions of the defendant or witnesses the state expects to call.
o The BCI is found on the left hand side of the case file.
· Question ten supplies all warrants in conjunction with the case and any accompanying paperwork.
o I.e. search warrants and arrest warrants.
o Warrants prior to the case do not matter.
