TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — R.I. Super. Ct. R. Crim. P. 16
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SUPERIOR COURT

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Rule 16 of the Rhode Island Superior Court Rules of Criminal Procedure, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution and Article I, Sections 2 and 10 of the Rhode Island Constitution, hereby moves this Honorable Court for an Order directing the State of Rhode Island to disclose and make available for inspection and copying the materials and information described herein.

Constitutional Basis

Brady v. Maryland Obligations

The prosecution is constitutionally required to disclose all evidence favorable to the accused that is material to guilt or punishment. Brady v. Maryland, 373 U.S. 83 (1963). This duty extends to evidence known to law enforcement and other government actors, even where not in the direct possession of the prosecuting attorney. Kyles v. Whitley, 514 U.S. 419 (1995).

Giglio v. United States Obligations

The prosecution must disclose all impeachment evidence affecting the credibility of government witnesses, including but not limited to promises, inducements, plea agreements, prior inconsistent statements, and records of dishonesty. Giglio v. United States, 405 U.S. 150 (1972); State v. Hazard, 68 A.3d 479 (R.I. 2013).

State Discovery Rule

Under R.I. Super. Ct. R. Crim. P. 16, upon request of the defendant, the prosecution shall permit inspection and copying of:

• Statements of the defendant, written or recorded;
• The defendant's prior criminal record;
• Documents, books, tangible objects, papers, and photographs material to the defense or intended for use at trial;
• Results or reports of physical or mental examinations and scientific tests;
• A written summary of expert testimony the prosecution intends to offer.

Categories of Discovery Requested

The Defendant respectfully requests the State to produce the following categories of materials:

1. Witness Information

☐ Names, addresses, and dates of birth of all persons known to the State to have knowledge of relevant facts
☐ All written or recorded statements of prospective witnesses
☐ Prior testimony of any witness before a grand jury, at a preliminary hearing, or in any other proceeding
☐ Criminal histories of all prosecution witnesses
☐ Any benefits, promises, or inducements provided to witnesses

2. Law Enforcement Reports and Records

☐ All police reports, supplemental reports, and investigative memoranda
☐ Notes of all investigating officers, whether or not incorporated into formal reports
☐ Dispatch records and CAD logs
☐ All incident and arrest reports

3. Laboratory and Scientific Evidence

☐ All laboratory reports, analyses, and test results
☐ Chain-of-custody documentation for all physical evidence
☐ Qualifications and certifications of lab analysts
☐ Bench notes, raw data, and underlying documentation
☐ Any proficiency testing records for involved analysts

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ All evidence favorable to the Defendant on the issue of guilt or innocence
☐ All evidence tending to mitigate punishment
☐ All evidence that could be used to impeach prosecution witnesses
☐ Internal affairs records, disciplinary actions, or findings of dishonesty involving any testifying officer
☐ Any Brady/Giglio lists maintained by the prosecuting authority

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses
☐ Reports, opinions, and bases for expert testimony
☐ All data, notes, and materials reviewed by experts
☐ Publications authored by experts relevant to their testimony

6. Electronic Evidence and Body-Worn Camera Footage

☐ All body-worn camera (BWC) footage from responding and investigating officers
☐ Dashboard camera recordings
☐ Surveillance video from any source
☐ Photographs taken during the investigation
☐ Cell phone records, GPS data, and electronic communications
☐ Social media records obtained by the State

7. 911 Calls and Dispatch Records

☐ Audio recordings of all 911 calls related to the incident
☐ Computer-aided dispatch (CAD) records and printouts
☐ Transcripts of 911 communications

8. Prior Acts and Other Crimes Evidence

☐ Any evidence of prior bad acts the State intends to introduce under R.I. R. Evid. 404(b)
☐ Notice of intent to use other crimes, wrongs, or acts evidence
☐ Supporting documentation for any such evidence

9. Co-Defendant Statements and Plea Agreements

☐ Statements made by any co-defendant or co-conspirator
☐ Plea agreements, cooperation agreements, or immunity grants involving any co-defendant or witness
☐ Proffer agreements and debriefing notes

10. Additional Materials

☐ Search warrant applications and affidavits, including sealed portions
☐ Wiretap or electronic surveillance applications and orders
☐ Grand jury transcripts and exhibits
☐ Any confidential informant information subject to disclosure
☐ Medical records obtained by the State relating to the Defendant or alleged victim

Good Faith Certification

Undersigned counsel hereby certifies that this Motion is filed in good faith; that counsel has made a good faith effort to obtain voluntary disclosure of the requested materials from the prosecution; and that the materials sought are not requested for any improper purpose.

Proposed Order

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
SUPERIOR COURT

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Case No.: [________________________________]

Upon consideration of Defendant's Motion for Discovery, and for good cause shown, it is hereby:

ORDERED that the State of Rhode Island shall, within [____] days of the date of this Order, produce and make available for inspection and copying all materials described in the Defendant's Motion for Discovery, to the extent such materials are within the possession, custody, or control of the prosecution or its agents; and it is further

ORDERED that the State's obligation to disclose is a continuing duty, and any additional discoverable material shall be disclosed promptly upon its discovery.

Date: [__/__/____]

_______________________________________________
Justice, Rhode Island Superior Court

Certificate of Service

I hereby certify that on [__/__/____], a true and accurate copy of the foregoing Motion for Discovery was served upon:

[________________________________]
Office of the Attorney General / Prosecuting Authority
[________________________________]
[________________________________]

☐ Hand delivery
☐ First-class mail, postage prepaid
☐ Electronic filing/service

_______________________________________________
[ATTORNEY NAME], Esq.
Attorney for Defendant
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

RHODE ISLAND PRACTICE NOTES:

1. Continuing Duty: R.I. Super. Ct. R. Crim. P. 16(c) imposes a continuing obligation on both parties to disclose newly discovered materials subject to the rule.
2. Sanctions: Failure to comply with discovery orders may result in exclusion of evidence, continuance, or other sanctions under Rule 16(d).
3. Work Product Protection: Internal prosecution memoranda and attorney work product are generally protected from disclosure under Rule 16(a)(2).
4. Victim Information: Counsel should be aware of R.I. Gen. Laws § 12-28-1 et seq. regarding victims' rights and any limitations on disclosure of victim information.
5. Grand Jury Secrecy: Access to grand jury materials may require a separate motion and showing of particularized need.