08 07 MOTION FOR DISCOVERY (LONG FORM)
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08-07 MOTION FOR DISCOVERY (LONG FORM)
Defendant moves for discovery pursuant to the Arkansas Rules of Criminal Procedure and the due process and fair trial provisions of the Sixth and Fourteenth Amendments to the Constitutions of the United States and Art. 2, §§ 8 & 10 of the Constitution of the state of Arkansas whether or not the information sought is in the possession of the Prosecuting Attorney, ACIC, NCIC, Arkansas State Crime Lab, a Drug Task Force, or any other police or law enforcement agency (Ark. R. Crim. P. 17.3).
Accordingly, the State should provide the following:
1. The names and addresses of persons whom the State intends to call as witnesses at any hearing or trial sufficiently in advance of that hearing or trial to permit preparation. Ark. R. Crim. P. 17.1(a)(i).
2. Any written or recorded statements or the substance of any oral statements made by Defendant or a codefendant or a potential codefendant or anyone given legal or de facto immunity to provide information or testimony. Ark. R. Crim. P. 17.1(a)(ii). This includes statements intended to be used as admissions. Ark. R. Evid. 801(d).
3. Any reports or statements of experts in this case, including the results of any physical or mental examinations, scientific tests, experiments, or comparisons. Ark. R. Crim. P. 17.1(a)(iv). Early disclosure of expert reports is required for the court to evaluate the expert's opinion under Daubert because the court is the "gatekeeper" of expert opinions.
4. Any books, papers, documents, computer records, photographs, videotapes, audiotapes, video or audio digital recordings, or tangible objects, including any recreations, whether computer-generated animations or whatever, which the State intends to use at any hearing or trial in this case. Ark. R. Crim. P. 17.1(a)(v).
5. Whether there has been any electronic (including audio, video, or digital) surveillance or recording of conversations, statements, or actions of Defendant (including surreptitious recordings of [him/her] or [his/her] vehicle while in a police interview room or on the street by cameras in a police car, on the officer (bodycams; Tasercam), or any other person or "pole camera" or business or private surveillance systems gathered as evidence owned by no matter whom) or of [his/her] premises, sneak-and-peek recordings or photographs, copying of e-mail or similar electronic transmissions, consented to by one party to the conversation or not, along with a description of the recordings and copies of any transcripts, whether these are directly based on this charge or surveillance preceding Defendant's arrest as a part of the investigation.
6. This includes: (a) video of any traffic stop or bodycam or actions or words of Defendant anytime, whether in custody or not; and, moreover, (b) this includes those from all police car dashcams, MVRs, or officer bodycams or Tasercams at the scene, whether mentioned in a police report or not. Thus, the Prosecuting Attorney is expected to notice mentions and allusions in discovery of all the police cars responding to a scene and then inquire into whether there is yet another MVR not provided. (For example, three police cars respond to a traffic stop that leads to a search of the car; there could be at least three MVR or bodycam videos.)
7. Defendant video or audio created by Defendant or [his/her] devices: It also includes any video or audio which were...
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