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`IN THE CIRCUIT COURT OF CRAIGHEAD COUNTY, ARKANSAS
`WESTERN DISTRICT
`CRIMINAL DIVISION
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`STATE OF ARKANSAS PLAINTIFF
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`VS. CASE NO. 16JCR-2011-955
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`ANTHONY D. JACKSON DEFENDANT
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`MOTION FOR DISCOVERY
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`Defendant, by and through counsel, Zachary W. Morrison, moves for discovery pursuant to
`the Arkansas Rules of Criminal Procedure and the due process and fair trial provisions of the Sixth
`and Fourteenth Amendments to the Constitutions of the United States and Art. 2, '' 8 & 10 of the
`Constitution of the State of Arkansas whether the information sought is in the possession of the
`Prosecuting Attorney, ACIC, NCIC, Arkansas State Crime Lab, a Dr ug Task Force, or any other
`police or law enforcement agency (Ark. R. Crim. P. 17.3). Accordingly, the State should provide the
`following:
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`1. The names and addresses of persons whom the state intends to call as witnesses at any
`hearing or trial sufficiently in advance of that hearing or trial to permit preparation. Ark. R. Crim. P.
`17.1(a)(i).
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`2. Any written or recorded statements or the substance of any oral statements made by
`defendant or a codefendant or a potential codefendant or any one given legal or de facto immunity to
`provide information or testimony. Ark. R. Crim. P. 17.1(a)(ii). This includes statements intended to
`be used as admissions. A.R.E. 801(d).
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`3. Any reports or statements of experts in this case, including the results of any physic al or
`mental examinations, scientific tests, experiments, or comparisons. Ark. R. Crim. P. 17.1(a)(iv).
`4. Any books, papers, documents, computer records, photographs, videotapes, or tangible
`objects, including any recreations, whether computer generated animations or whatever, which the
`state intends to use at any hearing or trial in this case or which were obtained from or belong to the
`defendant. Ark. R. Crim. P. 17.1(a)(v).
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`5. Further, the state should provide similar disclosure of anything that it does not intend to use
`at any hearing or trial in this case because its non -use indicates a great potential that it is Brady
`material. See Brady and its progeny, cited infra.
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`(a) Defendant specifically requests production of the notes of the officers f rom which
`ELECTRONICALLY FILEDCraighead County Circuit Court in Jonesboro
`Candace Edwards, Craighead Circuit Clerk
`2020-Aug-14 14:40:21
`16JCR-11-955
`C02D01 : 5 Pages
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`reports in the file were produced. Those notes commonly include information about
`leads that did not pan out and people talked to that may have known something else.
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`(b) The State must make a specific request for production of these notes fro m the
`officers because it will not be in an "open file," and a discovery response that merely
`directs defense counsel to come and copy their file does not comply with this request.
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`6. Any record of any person who may be called as a witness at any stage o f this proceeding
`whether presently known or capable of being ascertained of prior:
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`(a) convictions, by an ACIC or NCIC check, or otherwise. Ark. R. Crim. P. 17.1(a)(vi).
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`(b) juvenile adjudications that would be admissible for impeachment if committed by an
`adult. A.R.E. 609(d).
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`7. Any inducements, promises of leniency, consideration (financial or otherwise) or anything
`else that is potential impeachment evidence against a confidential informant or any other witness.
`Ark. R. Crim. P. 17.1(b)(iii), (d); Brady v. Maryland, 373 U.S. 83 (1963); Kyles v. Whitley, 514 U.S.
`419 (1995); Strickler v. Greene, 527 U.S. 263 (1999); Banks v. Dretke, 124 S. Ct. 1256 (2004);
`Arkansas Rules of Professional Conduct, Rule 3.8(d), including any written or oral agreements or
`any documentary evidence concerning an informant or "cooperating individual" that:
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`(a) provides for leniency, protection from arrest, prosecution, or asset forfeiture,
`sentencing recommendations, or anything of the kind from any past, present, or
`future criminal acts;
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`(b) provides for payment of anything of value for his or her services including proof of
`payment, IRS 1099s for their payments, and the informant's tax returns;
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`(c) proof or summaries of the payments to the informant;
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`(d) any psychiatric or drug rehabilitation history of informants.
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`8. The relationship between the state and any witness the state will call as a witness; e.g.,
`employee of any governmental entity, informant status, witness in this or another case, a defendant
`or former defendant in a criminal case in municipal, circuit, or federal court. Ark. R. Crim. P.
`17.1(b)(iii).
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`9. Whether there has been any electronic (including audio, video, or digital) surveillance or
`recording of conversations or actions of the defendant (including surreptitious recordings of
`defendant while in a police interview room or on the street), statements from his or her premises,
`copying of e-mail or similar electronic transmissions, consented to by one party to the conversation
`or not; Ark. R. Cri m. P. 17.1(b)(ii); along with a description of the recordings and copies of any
`transcripts, whether these are directly based on this charge or surveillance preceding defendants
`arrest.
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`10. As to any searches and seizures:
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`(a) Disclose and permit inspec tion, co pying, or photocopying of documents of any
`material or computer or computer-like memory, disks, or hard drives concerning any
`searches and seizures of the defendant or his or her property or statements that he or
`she allegedly made. Ark. R. Crim. P. 17.1(c). Copying of computer disks and hard
`drives requires copying "invisible" files that are not visible on the directory but
`which are still present on disks.
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`(b) If a search warrant was relied upon, provide a copy of: (i) the warrant, (ii) all
`materials used to obtain the warrant, and (iii) the inventory.
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`(c) If inventory search may be relied on as a justification for the search, please provide
`the police departments policy on conducting inventory searches, because it is the
`state's burden to justify the search.
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`(d) Any video or audio of the occurrence (see & 9, supra).
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`11. As to impeachment ("Brady") evidence:
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`(a) Any other evidence or thing in the knowledge of, possession, or control of the state
`(Ark. R. Crim. P. 17.3) or its agents which tends to negate the guilt of the defendant
`as to the offense charged (including anythi ng which tends to impeach a state's
`witness) or would tend to reduce the punishment for the offense. Ark. R. Crim. P.
`17.1(d); Brady v. Maryland, supra; Kyles v. Whitley, supra; Strickler v. Greene,
`supra; Banks v. Dretke, supra; Arkansas Rules of Professional Conduct, Rule 3.8(d).
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`(b) Impeachment evidence includes statements of witnesses where they are even slightly
`inconsistent in their versions of events from one statement to the next (oral statement
`to written; two written statements; etc.) or that t hey were given consideration or a
`reward. Strickler v. Greene, supra; Kyles v. Whit ley, 514 U.S. at 452 (even if
`statements of not all witnesses are impeachable); Banks v. Dretke, supra (withheld
`information about reward to witness was impeachment material and required reversal
`of conviction); United States v. Sudikoff, 36 F. Supp. 2d 1196 (C.D. Cal. 1999).
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`(c) This includes any evidence that anyone else was at one time considered a suspect in
`this case. Fairchild v. Lockhart, PB-C-83-272 (E.D.Ark.).
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`(d) The prosecuting attorney has a duty to inquire of the police to be certain that all
`potentially discoverable " Brady" material has been discovered, provided to the
`prosecutor by the police, and disclosed. Kyles, 514 U.S. at 437-38 (Brady includes
`material known by the police and not prosecutor; "the individual prosecutor has a
`duty to learn of any favorable evidence known to others acting on the governments
`behalf in this case, including the police"). An "open file" does not relieve the state of
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`its obligation to specifically disclose impeachment material. Kyles v. Whitley, supra;
`Banks v. Dretke, supra.
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`(e) Negative evidence; e.g., as the result of any type of scie ntific test that failed to
`connect the defendant to the crime such as absence of fin gerprints, physical, or
`serological evidence or presence of such evidence of another. Patler v. Slayton, 503
`F.2d 472 (4th Cir. 1974).
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`(f) The fact that a witness has testified falsely even in an unrelated case. United States
`v. Masri, 547 F.2d 932 (5th Cir. 1977).
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`12. Any 404(b) evidence; A.R.E. 404(b); which the state intends to or may use against the
`defendant.
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`13. Any evidence which could be used in the punishment phase against the defendant under Ark.
`Code Ann. ' 16-97-103.
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`14. While it goes wit hout saying that parties have a continuing duty to disclose material that
`comes into the party’s hands after a previous disclosure (Ark. R. Crim. P. 19.2), defendant reasserts
`this right.
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` Respectfully submitted,
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` ANTHONY D. JACKSON, DEFENDANT
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` By:/s/ Zachary W. Morrison
`ZACHARY W. MORRISON
` ATTORNEY FOR DEFENDANT
` ARKANSAS BAR NO. 2017116
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` REES LAW FIRM
` P.O. BOX 4053
` JONESBORO, AR 72403
` P: 870.931.2100
` F: 870.931.2103
` E: zach@markreeslaw.com
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`CERTIFICATE OF SERVICE
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`I, Zachary W. Morrison, attorney for defendant herein, hereby certify that a copy
`of the foregoing MOTION FOR DISCOVERY has been served upon the plaintiff by
`e-filing via Arkansas Court Connect:
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` Mr. Corey L. Seats
` Deputy Prosecuting Attorney
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`THIS, the 14th day of August, 2020.
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` /s/ Zachary W. Morrison
` Zachary W. Morrison
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