TABLE OF CONTENTS

1. Caption
2. Motion for Discovery
3. Constitutional Basis — Brady/Giglio
4. State Discovery Rule — W. Va. R. Crim. P. 16 and TCR 32
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to West Virginia Rule of Criminal Procedure 16, West Virginia Trial Court Rule 32, 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 III, Section 10 of the West Virginia Constitution, hereby moves this Honorable Court for an Order directing the State of West Virginia 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 material evidence favorable to the accused, including evidence that negates guilt and evidence that mitigates punishment. Brady v. Maryland, 373 U.S. 83 (1963). West Virginia's Due Process Clauses impose identical requirements. 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 any evidence that may be used to impeach or attack the credibility of prosecution witnesses. Giglio v. United States, 405 U.S. 150 (1972). This duty extends to law enforcement officers and other agents of the prosecution.

State Discovery Rule

West Virginia criminal discovery is governed by two primary sources:

W. Va. R. Crim. P. 16 — Discovery and Inspection:
- (a)(1)(A): Defendant's written or recorded statements;
- (a)(1)(B): Defendant's prior criminal record;
- (a)(1)(C): Documents, tangible objects, books, papers, photographs material to the defense or intended for use at trial;
- (a)(1)(D): Reports of physical or mental examinations and scientific tests;
- (a)(1)(E): Written summary of expert testimony.

W. Va. Trial Court Rule 32 — Discovery and Inspection (Circuit Courts):
- Provides for mandatory discovery;
- Requires discovery conferences between the parties;
- Establishes items not subject to disclosure;
- Imposes a continuing duty to disclose.

Categories of Discovery Requested

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

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
☐ West Virginia State Police investigative reports

3. Laboratory and Scientific Evidence

☐ All laboratory reports, analyses, and test results per Rule 16(a)(1)(D)
☐ Chain-of-custody documentation for all physical evidence
☐ Qualifications and certifications of lab analysts
☐ Bench notes, raw data, and underlying documentation
☐ WV State Police Forensic Laboratory reports

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 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 Prosecuting Attorney

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses the State intends to call
☐ Written summary of expert testimony per Rule 16(a)(1)(E)
☐ Reports, opinions, and bases for expert testimony
☐ All data, notes, and materials reviewed by experts

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 W. Va. 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 per W. Va. Code § 62-1D-1 et seq.
☐ Grand jury transcripts and exhibits
☐ Confidential informant information subject to disclosure
☐ Medical records obtained by the State relating to the Defendant or alleged victim
☐ Medical examiner and autopsy reports (if applicable)

Good Faith Certification

Undersigned counsel hereby certifies that this Motion is filed in good faith; that counsel has participated or will participate in a discovery conference as contemplated by TCR 32; and that the materials sought are not requested for any improper purpose.

Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

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 West Virginia, through the Prosecuting Attorney, 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 under Rule 16(c) and TCR 32, and any additional discoverable material shall be disclosed promptly upon its discovery.

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 Prosecuting Attorney
[________________________________]
[________________________________]

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

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

WEST VIRGINIA PRACTICE NOTES:

1. Dual Rule Framework: West Virginia uses both W. Va. R. Crim. P. 16 and Trial Court Rule 32 for criminal discovery. Consult both for comprehensive obligations.
2. Discovery Conferences: TCR 32 contemplates discovery conferences between the parties, which should be conducted before filing motions to compel.
3. Mandatory Discovery: TCR 32 establishes categories of mandatory discovery that must be provided without a court order.
4. Continuing Duty: Rule 16(c) imposes a continuing obligation to disclose additional material discovered after initial compliance.
5. Sanctions: Rule 16(d)(2) authorizes the court to order discovery, grant continuances, exclude evidence, or enter other appropriate sanctions.
6. Work Product Protection: Rule 16(a)(2) protects internal prosecution documents and attorney work product from disclosure.
7. West Virginia Constitution: Article III, Section 10 provides independent due process protections.