TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Lost evidence
Go
New
Find
Notify
Tools
Reply
  
Lost evidence Login/Join 
Member
posted
There was a DWI video....it was provided to the defense....all law enforcement copies were mistakenly destroyed....the only copy left is with the defense. Anyone dealt with that type of issue? Did you get the evidence back from the defense? Can you force them to give at least a copy of it back? How did you handle the issue?
 
Posts: 100 | Location: Nacogdoches, Texas, USA | Registered: June 19, 2001Reply With QuoteReport This Post
Member
posted Hide Post
One possibility: get a pretrial hearing set under art. 28.01 §1(8) and issue a subpoena under arts. 24.02 & 24.03. That should create a lawful duty under Tex. Discip. R. Prof. Cond. 3.04(a).

Also, hard to imagine that defense counsel would be unwilling to permit a copy of the video to be made, but I guess you have tried that route.
 
Posts: 2341 | Registered: February 07, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Lost evidence

© TDCAA, 2001. All Rights Reserved.