Art. 39.14. DISCOVERY.  (a)  Subject to the restrictions provided by Section 264.408, Family Code, and Article 39.15 of this code, as soon as practicable after receiving a timely request from the defendant the state shall produce and permit the inspection and the electronic duplication, copying, and photographing, by or on behalf of the defendant, of any offense reports, any designated documents, papers, written or recorded statements of the defendant or a witness, including witness statements of law enforcement officers…

(h)  Notwithstanding any other provision of this article, the state shall disclose to the defendant any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the state that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged. (Read More)

The Dawn of New Discovery – Governor Rick Perry signed into law the Michael Morton Act (SB 1611) late this spring, ushering in a new era in discovery for Texas prosecutors. Here is a general overview of this law, which is effective January 1, 2014. (Read More)

Just Disclose It – Don’t get burned by thinking that a prosecutor’s duty to disclose hinges on the information’s materiality and admissibility. The Board of Disciplinary Appeals says that Texas ethics rules require prosecutors to disclose everything. (Read More)

Schultz eliminates all shades of gray – The people’s representatives in the United States’s system of justice should be held to the standards that underscore our beliefs in fairness and equity under the law. As prosecuting attorneys, we work under a mandate that justice be carried out fairly and impartially. (Read More)

The Michael Morton Act passes the tests – It has now been over three years since the Michael Morton Act (MMA) took effect on January 1, 2014. That law was perhaps the most significant change to Texas criminal jurisprudence since the new penal code was adopted in 1994. I am writing about the MMA now because the Court of Criminal Appeals recently handed down a significant opinion interpreting the Act, In re Powell v. Hocker, No. WR-85,177-01. This is one of a string of cases that has re-affirmed, in my mind, how the MMA was intended to function. (Read More)