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Lost evidence

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March 24, 2020, 16:19
Lost evidence
There was a DWI 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?
March 24, 2020, 19:40
Martin Peterson
One possibility: get a pretrial hearing set under art. 28.01 ยง1(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.
December 29, 2020, 13:15
Martin Peterson
Ethics Op. No. 690 (10/2020) seems to suggest obtaining a court order may be required, although it includes "a subpoena" as a "Mandatory Disclosure Obligation."