Our office has a complete open file policy. We have a particular defense attorney that files and requests a hearing on these all-inclusive discovery motions (14 pages). Does anyone have a motion requesting that counsel narrow his request to only the items that he believes that he has not received?

Thank you in advance.

To me, a proper response might look something like this:

The right to discovery in a Texas criminal case, apart from the requirements of Brady v. Maryland, “is statutory in nature.” Glover v. State, 496 S.W.3d 812, 816 (Tex. App.—Houston [14th Dist.] 2016, pet. ref’d). The State has already fully complied with its obligation under article 39.14(a) of the Code of Criminal Procedure to produce and permit the inspection of certain items. There is no legal requirement that it do anything further. The State has not sought to withhold any information under article 39.14(c) of the Code of Criminal Procedure. There is no provision for court-ordered discovery in article 39.14 as amended effective January 1, 2014. In any event, a court has no authority to order production of information not “shown to be material or otherwise authorized by the Texas Code of Criminal Procedure article 39.14.” In re Hon, No. 09-16-00301-CR (Tex. App.—Beaumont Oct. 19, 2016, orig. proc.) (mem. op., not designated for publication).

The State therefore prays that the Defendant’s motion for additional discovery be denied.

Thank you Martin. Good to hear from you.