Motion for Discovery (Criminal) - South Dakota

TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — SDCL Chapter 23A-13
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

STATE OF SOUTH DAKOTA
CIRCUIT COURT, [________________________________] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to SDCL Chapter 23A-13, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), Kyles v. Whitley, 514 U.S. 419 (1995), and the Due Process Clause of the Fourteenth Amendment, moves for an order requiring disclosure of the selected materials below to the extent the governing law and the facts support disclosure. The specific relevance, intended use, or materiality of disputed items is: [________________________________].

Constitutional Basis

Brady v. Maryland Obligations

The prosecution must disclose favorable evidence material to guilt or punishment under Brady v. Maryland, 373 U.S. 83 (1963). Kyles v. Whitley, 514 U.S. 419 (1995), requires the prosecutor to learn of favorable evidence known to others acting for the government in the case, including police.

Giglio v. United States Obligations

Giglio v. United States, 405 U.S. 150 (1972), applies the favorable-evidence rule to material evidence affecting witness credibility, including a promise of leniency to a key witness. Identify the witness and the specific requested information where possible: [________________________________].

State Discovery Rule

South Dakota's criminal discovery provisions appear in SDCL Chapter 23A-13. A written request is required for the statutory disclosures below. The limits in each section govern the request:

• SDCL § 23A-13-1: Defendant's right to inspect and copy own statements;
• SDCL § 23A-13-2: Defendant's right to inspect defendant's prior criminal record;
• SDCL § 23A-13-3: Defendant's right to inspect and copy documentary and tangible evidence material to the defense or intended for use at trial;
• SDCL § 23A-13-4: Defendant's right to inspect and copy results of examinations or scientific tests;
• SDCL § 23A-13-11: Grand jury proceedings generally are outside this chapter's discovery provisions, subject to the section's identified exceptions;
• SDCL § 23A-13-17: The court may order discovery, a continuance, exclusion of undisclosed evidence, or another order it deems just after noncompliance with an applicable discovery provision.

Categories of Discovery Requested

The Defendant requests the selected items below. For each item, specify whether it is within the relevant person's possession or control and explain the applicable statutory category, materiality, intended use at trial, or Brady/Giglio basis. Listing an item here does not by itself establish entitlement to it. Supporting facts for selected items: [________________________________].

1. Witness Information

☐ Names and addresses 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 or at a preliminary hearing
☐ Criminal histories of all prosecution witnesses
☐ Any benefits, promises, inducements, or immunity grants 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
☐ DCI (Division of Criminal Investigation) reports and analyses

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
☐ Proficiency testing records for involved analysts

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ Favorable evidence material to guilt or punishment under Brady and Kyles
☐ Favorable evidence material to punishment
☐ Material impeachment evidence regarding prosecution witnesses
☐ Internal affairs records, disciplinary actions, or findings of dishonesty involving testifying officers
☐ Any Brady/Giglio disclosure lists maintained by the State's Attorney

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses the State intends to call
☐ Reports, opinions, and bases for expert testimony
☐ All data, notes, and materials reviewed by experts
☐ Curriculum vitae of each expert witness

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

☐ Notice of other crimes, wrongs, or acts evidence the State intends to offer, including the permitted purpose and supporting reasoning required by SDCL § 19-19-404(b)(3)
☐ 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 material only if an exception in SDCL § 23A-13-11 or another identified authority applies: [________________________________]
☐ 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 from the State's Attorney; and that the materials sought are not requested for any improper purpose.

Proposed Order

STATE OF SOUTH DAKOTA
CIRCUIT COURT, [________________________________] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

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 South Dakota, through the State's Attorney, shall within [____] days disclose the following specified materials that the Court finds discoverable under the applicable statute or constitutional rule: [identify items, authority, and any protective terms: ________________________________]; and it is further

ORDERED that each party shall promptly notify the other party, counsel, or the Court of additional material previously requested or ordered that is subject to discovery under SDCL § 23A-13-15.

Date: [__/__/____]

_______________________________________________
Circuit Court Judge

Certificate of Service

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

[________________________________]
[________________________________] County State's Attorney
[________________________________]
[________________________________]

☐ Hand delivery
☐ First-class mail, postage prepaid
☐ Electronic filing/service as permitted by court rules

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

SOUTH DAKOTA PRACTICE NOTES:

1. Statutory Discovery: South Dakota codifies criminal discovery under SDCL Chapter 23A-13.
2. Favorable Evidence: There is no current SDCL § 23A-13-4.1. Ground a request for favorable material in Brady, Giglio, and Kyles and identify materiality and the government actors involved.
3. Reciprocal Discovery: Under SDCL § 23A-13-12, a defense request under § 23A-13-3 or -4, prosecutorial compliance, and a written prosecution request trigger limited reciprocal inspection of defense evidence intended for use in the defense case in chief.
4. Sanctions: SDCL § 23A-13-17 authorizes the court to order discovery, grant continuances, exclude evidence, or enter other just orders for non-compliance.
5. Grand Jury Material: Section 23A-13-11 excludes recorded grand jury proceedings from this chapter's ordinary discovery route except for its named exceptions.
6. Continuing Duty: Section 23A-13-15 requires prompt notice of newly discovered material that was previously requested or ordered and is subject to discovery under that section.