TABLE OF CONTENTS

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

Caption

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF [________________________________], STATE OF WYOMING

MOTION FOR DISCOVERY

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to Wyoming Rule of Criminal Procedure 16, 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 1, Sections 6 and 36 of the Wyoming Constitution, hereby moves this Honorable Court for an Order directing the State of Wyoming 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 in the possession of law enforcement and all members of the prosecution team. 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 agreements, promises, inducements, prior inconsistent statements, and records of dishonesty. Giglio v. United States, 405 U.S. 150 (1972).

State Discovery Rule

Under W.R.Cr.P. 16, upon request of the defendant, the prosecution shall permit inspection and copying of:

• (a)(1)(A): Defendant's written or recorded statements, including those made before or after arrest;
• (a)(1)(B): Defendant's prior criminal record;
• (a)(1)(C): Documents, photographs, tangible objects, buildings, or places material to the defense, intended for use at trial, or obtained from the defendant;
• (a)(1)(D): Reports of physical or mental examinations and scientific tests or experiments;
• (a)(1)(E): Written summary of any expert testimony the government intends to use, including opinions, bases, and qualifications.

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
☐ DCI (Division of Criminal Investigation) reports and analyses

3. Laboratory and Scientific Evidence

☐ All laboratory reports, analyses, and test results per W.R.Cr.P. 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
☐ Wyoming State Crime 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 County and Prosecuting Attorney
☐ POST (Peace Officer Standards and Training) Commission records for testifying officers

5. Expert Witness Materials

☐ Identities and qualifications of all expert witnesses per W.R.Cr.P. 16(a)(1)(E)
☐ Written summary of expert testimony, opinions, and bases
☐ 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

☐ Any evidence of prior bad acts the State intends to introduce under Wyo. R. Evid. 404(b)
☐ Notice of intent to use other crimes, wrongs, or acts evidence (reasonable notice required per Vigil v. State)
☐ 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 Wyo. Stat. Ann. § 7-3-601 et seq.
☐ Grand jury transcripts and exhibits (if applicable)
☐ 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 County and Prosecuting Attorney; and that the materials sought are not requested for any improper purpose.

Proposed Order

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF [________________________________], STATE OF WYOMING

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Docket No.: [________________________________]

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

ORDERED that the State of Wyoming, through the County and 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 W.R.Cr.P. 16(c), and any additional discoverable material shall be disclosed promptly upon its discovery.

Date: [__/__/____]

_______________________________________________
District 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 and Prosecuting Attorney
[________________________________]
[________________________________]

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

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

WYOMING PRACTICE NOTES:

1. Federal Rule 16 Model: W.R.Cr.P. 16 closely tracks Federal Rule of Criminal Procedure 16, providing standard categories of discovery.
2. No Witness List Requirement: The rule does not expressly require pretrial disclosure of witness lists or witness statements, making Brady/Giglio motions essential.
3. Continuing Duty: W.R.Cr.P. 16(c) requires continuing disclosure of additional discoverable material.
4. Sanctions: W.R.Cr.P. 16(d)(2) authorizes the court to order disclosure, grant continuances, exclude evidence, or dismiss the indictment or information for discovery violations.
5. Reciprocal Discovery: W.R.Cr.P. 16(b) provides for reciprocal defense disclosure upon request.
6. Work Product Protection: W.R.Cr.P. 16(a)(2) protects internal prosecution documents and attorney work product.
7. Wyoming Constitution: Article 1, Sections 6 and 36 provide independent due process and accused rights protections that may supplement federal protections.
8. POST Commission Records: Wyoming POST Commission maintains records of officer certification and discipline that may be relevant to Giglio disclosures.