Motion for Discovery (Criminal) - Wisconsin

TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — Wis. Stat. § 971.23
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

STATE OF WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and under Wis. Stat. § 971.23 and the Fourteenth Amendment as applied in Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and Kyles v. Whitley, 514 U.S. 419 (1995), moves for an order requiring disclosure of the material identified below to the extent required by those authorities or specifically ordered by this Court.

Constitutional Basis

Brady v. Maryland Obligations

The prosecution must disclose evidence favorable to the accused when material to guilt or punishment. Brady v. Maryland, 373 U.S. 83, 87 (1963). The prosecutor must learn of favorable evidence known to others acting on the government's behalf in the case, including police. Kyles v. Whitley, 514 U.S. 419, 437 (1995).

Giglio v. United States Obligations

Nondisclosure of evidence affecting a key witness's credibility can violate the disclosure duty when material. Giglio v. United States, 405 U.S. 150, 154 (1972).

State Discovery Rule

On demand, Wis. Stat. § 971.23(1) requires the prosecutor to disclose covered material within a reasonable time before trial, subject to the statute's limits:

§ 971.23(1) — Prosecution Disclosure:

• (1)(a): Defendant's written or recorded statements concerning the alleged crime;
• (1)(b): A written summary of the defendant's oral statements that the prosecutor plans to use at trial;
• (1)(c): Criminal record of the defendant;
• (1)(d): Names and addresses of prosecution trial witnesses, subject to the rebuttal and impeachment exceptions;
• (1)(e): Relevant written or recorded statements of listed witnesses, expert reports or summaries, and specified examination and test results the prosecutor intends to offer at trial;
• (1)(f): Criminal records of prosecution witnesses known to the prosecutor;
• (1)(g): Physical evidence the prosecutor intends to offer at trial;
• (1)(h): Any exculpatory evidence.

Witness statements: Relevant written or recorded statements of listed prosecution witnesses are covered by the pretrial disclosure duty in § 971.23(1)(e).

The duty is limited by the terms of each paragraph and the State's possession, custody, or control. Under § 971.23(6), the Court may restrict, defer, or condition discovery by protective order. The requests below include some material outside automatic disclosure; Defendant asks for that material only if an identified statutory or constitutional duty applies or the Court finds a case-specific basis for production.

Categories of Discovery Requested

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

1. Witness Information

☐ Names and addresses of prosecution trial witnesses under § 971.23(1)(d)
☐ Relevant written or recorded statements of listed prosecution witnesses under § 971.23(1)(e)
☐ Prior testimony of any witness before a preliminary hearing or John Doe proceeding
☐ Criminal records of prosecution witnesses known to the district attorney under § 971.23(1)(f)
☐ 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

☐ Reports and results of scientific tests the State intends to offer at trial under § 971.23(1)(e)
☐ Chain-of-custody documentation for all physical evidence
☐ Qualifications and certifications of lab analysts
☐ Bench notes, raw data, and underlying documentation
☐ State Crime Laboratory reports (Wisconsin State Crime Laboratory)

4. Exculpatory and Impeachment Evidence (Brady/Giglio)

☐ Any exculpatory evidence under § 971.23(1)(h)
☐ Material favorable evidence concerning punishment under Brady
☐ All impeachment evidence regarding prosecution witnesses
☐ Material impeachment information concerning testifying officers, subject to a protective or in-camera process if appropriate
☐ Any Brady/Giglio disclosure lists maintained by the District Attorney

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses the State intends to call
☐ Expert reports, statements, or required written summaries under § 971.23(1)(e)
☐ 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
☐ Physical evidence the State intends to offer at trial under § 971.23(1)(g), including photographs and recordings
☐ 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

☐ Other-acts evidence the State intends to offer, to the extent discoverable under § 971.23 or an additional court order
☐ 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, if discoverable in this case
☐ John Doe proceeding transcripts and exhibits
☐ Confidential informant information subject to disclosure
☐ Medical records obtained by the State relating to the Defendant or alleged victim

Good Faith Certification

Undersigned counsel states that the following disclosure request was made before this motion: [DATE, RECIPIENT, MATERIAL REQUESTED, AND RESPONSE; OR STATE THAT NO PRIOR REQUEST WAS MADE]. The requested materials and the case-specific reasons for any item outside § 971.23(1) are: [FACTS]. Counsel certifies that the facts stated in this motion are accurate to counsel's knowledge.

Proposed Order

STATE OF WISCONSIN
CIRCUIT COURT
[________________________________] COUNTY

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 Wisconsin, through the District Attorney, shall within [____] days, and in any event within a reasonable time before trial, disclose and make available for inspection and copying the materials checked here: [IDENTIFY SPECIFIC ITEMS]. This order applies to items required by Wis. Stat. § 971.23(1) or the identified constitutional duty and to additional items for which the Court has found this case-specific basis: [FINDING]. Any limits or protective terms under § 971.23(6) are: [TERMS]; and it is further

ORDERED that the parties' continuing notice duty under § 971.23(7) applies to additional material or witness names subject to discovery under that section.

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 District Attorney
[________________________________]
[________________________________]

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

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