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First-Middle: Last
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c/o 1234 Your Address Street
3 City / Town, State Republic
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IN THE SUPERIOR COURT FOR THE CITY OF CITY
6 COUNTY OF COUNTY, CRIMINAL DIVISION
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STATE OF STATE )
8 ) Case No.: Case Number
9 Plaintiff, )
) Motion to compel discovery.
10 vs. )
11 )
FIRST MIDDLE LAST ) Date: Court Date
12 ) Time: Appearance Time.
Defendant, )
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__________________________ )
14 )
15 ) _________________________
TO THE HONORABLE JUDGE PRESIDING IN THE MUNICIPAL COURT
16 OF THE STATE OF STATE FOR THE CITY OF CITY / TOWN.
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PLEASE TAKE NOTICE that on Court Date, 2018 in the above-entitled court, at
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the hour of 1 p.m, or as soon thereafter as defendant can be heard, the defendant
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hereby moves to order the prosecution to provide the defense with discovery. As
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shown by the attached Memorandum of Points and Authorities, under Brady v.
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Maryland, 373 U.S. 83, 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), the defense is
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entitled to all exculpatory and/or impeaching evidence.
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Respectfully submitted,
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27 _____FIRST MIDDLE LAST_____ Dated:___________________________
First Middle Last, Defendant
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____________________________
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(authorized representative)
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2 MEMORANDUM OF POINTS AND AUTHORITIES
3 STATEMENT OF THE CASE AND FACTS
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On Citation Date, 2018, First-Middle: Last, herein First Name, was issued a citation, in
5 which First Name was charged with violating §(statute on citation), of the State Motor
6 Vehicle Code or Penal Code and §(statute on citation) of the Official Code of STATE.
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ARGUMENT
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9 UNDER BRADY V. MARYLAND, THE DEFENSE IS ENTITLED TO ALL
EXCULPATORY AND/OR IMPEACHING EVIDENCE.
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11 The United States Supreme Court has held that a prosecutor has an obligation to give to the
defense exculpatory evidence that it is aware of. United States v. Valenzuela-Bernal, 458 U.S.,
12 858, 867, 102 S. Ct. 3440, 73 L. Ed. 2d 1193(1982) and (Brady v. Maryland, 373 U.S. 83 S.
Ct. 1194, 10 L. Ed. 2d 215 (1963).) Below are the general principles that apply to Brady
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Discovery and specific examples of items held to qualify under Brady.
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A. General Principles of Law
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16 “The prosecution’s disclosure duty under Brady applies even without a request by
the accused; it pertains not only to exculpatory evidence but also to impeachment evidence.”
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(Strickler v. Greene, 527 U.S. 263, 280-281, 119 S. Ct. 1936, 144 L. Ed. 286 (1999))
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19 “Under Brady, the prosecution must turn over to the defense any evidence that is
“favorable to the accused” and is “material” on the issue of either guilt or punishnment. Failure
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to do so violates a defendant’s Constitutional right to due process. (Brady v Maryland, 373
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U.S. 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). Evidence is material under Brady “if there is a
22 reasonable probability that, had the evidence been disclosed to the defense, the result of the
23 proceeding would have been different.” (U.S. v. Bagley, 473 U.S. 667, 682, 105 S. Ct. 3375, 87
L. Ed. 2d 481 (1985).)
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25 Brady disclosure may be compelled “in advance of”, “during”, or even “after
26 trial”. (U.S. v. Agurs, 427 U.S. 97, 107-108, 96 S. Ct. 2392, 49 L. Ed. 2d 342 (1976).) Thus, if
27 a prosecutor becomes aware of evidence even during mid-trial that can help the defense, he or
she must give it to the defense.
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29 Because Brady encompasses evidence “known only to police investigatiors and
30 not to the prosecutor”, it is incumbent upon the prosecutor to learn of any favorable evidence
31 “known to others acting on the government’s behalf in [a] case, including the police.” (Kyles v.
Whitley, 514 U.S. 419, 437-438, 115 S. Ct. 1555, 131 L. Ed. 2d 490 (1995).) “The
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prosecution’s disclosure duty under Brady… pertains not only to exculpatory evidence but also
33 to impeachment evidence.
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3 B. Specific Examples of Brady Material
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5 The types of material that can be exculpatory are nearly unlimited. It can include
6 any of the following:

7 -Evidence of sloppy police investigation or misconduct. (Kyles v. Whitley, 514

8 U.S. 419, 115, 115 S. Ct., 1555 131 L. Ed. 2d 490 (1995).)
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-Evidence useful in impeaching a prosecution witness (U.S. v. Bagley, 473 US.
10 667, 676, 105 S. Ct. 3375, 87 L. Ed. 2d 481 (1985) ).
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-Any material in a probation file of a prosecution witness if it “bears on the
12 credibility of a significant witness in the case”. (U.S. v. Strifler, 851 F. 2d 1197, 1201, (9th
13 Circle, 1988))
14 -Evidence of any inducement given to a government witness for testimony.
15 (Giglio. v. U.S., 405 U.S. 150, 153-154, 92 S. Ct. 763, 31 L. Ed. 2d 104 (1972).
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CONCLUSION
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For all the reasons stated above, First Middle Last moves the court to order the
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prosecution to provide the defense with all exculpatory and impeachment evidence in this case.
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_______FIRST MIDDLE LAST_________ Dated: ___________________
24 FIRST MIDDLE LAST, Defendant
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_____________________________________
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(authorized representative)
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