Case Pleading for John Doe.pdf - St. Louis County Courts



IN THE CIRCUIT COURT OF ST. LOUIS COUNTY STATE OF MISSOURISTATE OF MISSOURI,Plaintiffv. John Doe,Defendant)Cause No.19SL-CR0xxx-01))Division No. 16))))Defendant's Request for Discovery: Mo. Sup. Ct. R. 25.03 and Local Administrative Order 2015-21Defendant, by and through counsel, requests the following material or information under Missouri Supreme Court Rule 25.03 and 21st JudicialCircuit, Local Administrative Order 2015 Order Number 21 (November 20, 2015):Upon filing of Information or Indictment:Defendant, by and through counsel, requests the following material or information required under Missouri Supreme Court Rule 25.03 without court order, to be disclosed by the state to defense counsel within fourteen (14) days after service of this request and/or the filing of an Information or Indictment:Any arrest reports, incident reports, investigative reports, written or recorded statements, documents, photographs, video, electronic communications and electronic data that relate to the offense for which defendant is charged;The names and last known addresses of persons whom the state intends to call as witnesses at any hearing or at the trial, together with their written or recorded statements, and existing memoranda, reporting or summarizing part orall of their oral statements;Any written or recorded statements and the substance of any oral statements made by defendant, a co-defendant or a co-actor, a list of all witnesses to the making of the statements and a list of all witnesses to the acknowledgment of the statements including the last known addresses of the witnesses;Those portions of any existing transcript of grand jury proceedings that relate to the offense with which defendant is charged, containing testimony of defendant and testimony of persons whom the state intends to call as witnesses at a hearing or trial;Any existing transcript of the preliminary hearing and of any prior trial held in defendant's case if the state has the transcript in its possession;Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons;Any books, papers, documents, photographs, video, electronic communications, electronic data, or objects that the state intends to introduce into evidence at the hearing or trial or that were obtained from or belong to defendant [any electronically stored information relating to this case is requested to be provided in its native format, including, but not limited to digital images, digital audio recordings and all associated metadata and EXIF data pertaining to the images, audio or video];Any record of prior criminal convictions of persons the state intends to call as witnesses at a hearing or the trial; andAny photographic or electronic surveillance (including wiretapping) of defendant or of conversations to which defendant was a party or of defendant's premises, relating to the offense charged. This disclosure shall be in the form of a written statement by counsel for the state briefly setting out the facts pertaining to the time, place, and persons making the photographic or electronic surveillance.Any material or information that tends to negate the guilt of defendant for the charged offense, mitigate the degree of the offense charged, reduce the punishment of the offense charged, and any additional material or information that would be required to be disclosed to comply with Brady v. Maryland , 373U.S. 83 (1963), Giglio v. United States , 405 U.S. 150 (1972) and their progeny.Should the defendant notify the State, pursuant to Rule 25.05 and/or RSMo. 552.030, of an intent to rely on the defense of mental disease or defect excluding responsibility, mental disease or defect negating a culpable mental state or alibi, the State shall provide to the defense any material, information and witnesses (including name and last known address, and any written memoranda, statements and reports) that the State intends to use to rebut any of the defenses for which Rule 25.05 or RSMo. 552.030 requires the defense to provide notice. Wardius v. Oregon, 412 U.S. 470, 93 S.Ct. 2208, 37 L.Ed.2d 82 (1973); State v. Curtis, 544 S.W.2d 580 (Mo. banc 1976).If any of the above material or information is in the possession or control of other governmental personnel, the defense hereby requests that the state shall use diligence and make good faith efforts to make the material or information available to defendant and timely notify the defense if the State is unable to make the information available to the defense so that the defense may pursue other remedies in a timely manner, including obtaining subpoenas or courtorders.If after complying with this request for disclosure, the state discovers information or material that the state would have been required to disclose under this request, defense requests that the state shall furnish this additional information or material to defense counsel as soon as practicable. If the additions are discovered during trial, the court also shall be notified.Upon filing of a Complaint:Defendant, by and through counsel, requests the following material or information required under Missouri Supreme Court Rule 25.03 without court order, to be disclosed by the state to defense counsel within fourteen (14) days after service of this request:Any arrest reports, incident reports, investigative reports, written or recorded statements, documents, photographs, video, electronic communications and electronic data that relate to the offense for which defendant is charged;Any material or information that tends to negate the guilt of defendant for the charged offense, mitigate the degree of the offense charged, reduce the punishment of the offense charged, and any additional material or information that would be required to be disclosed to comply with Brady v. Maryland , 373U.S. 83 (1963), Giglio v. United States , 405 U.S. 150 (1972) and their progeny. If any of this material or information is in the possession or control of other governmental personnel, the state shall use diligence and make good faith efforts to make the material or information available to defendant.If after complying with this request for disclosure, the state discoversinformation or material that the state would have been required to disclose under this request, the state shall furnish this additional information or material to defense counsel as soon as practicable.Respectfully submitted,/s/ 365696524066500, Mo Bar No.Attorney for Defendant 100 S. Central2nd FloorClayton, MO 63105Phone: 314-615-Fax: 314-615-E-Mail: Certificate of ServiceI hereby certify that on this 4th day of December, 2019, an electronic copy of the foregoing was sent through the Missouri e-Filing system to counsel of record./s/ 365696524066500 ................
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