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Defense attorney has evidence I need for my trial. Need to know how to get it without interferring with his representation of his client. Can I get s subpoena duces tecum ordered by the court on my motion so I am protected?
 
Posts: 334 | Location: Beeville, Texas., USA | Registered: September 14, 2001Reply With QuoteReport This Post
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Yes, subpoena is the right way to go.

We had an instance of this occur during a jury trial. Defendant was charged with injury to a child. He had struck the child out of frustration.

During cross-examination of his wife, we learned that she had seen him physically alter a plaque on the wall that had a poem about children. For a line that said, "When they cry...", he had written in ink after that "kill them." When we asked her where it was, she pointed to the defense lawyer.

We took a break, got the plaque, came back, and offered it into evidence. Trial over.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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