I have had two new attempts at discovery in the last two days. In one, an attorney is attempting to gain copies, through an open records request, of our entire file, including any video tapes, for a case that was sentenced some years ago. I imagine it is for an 11.07 writ.
In the second, I received a subpeona to deliver our entire file on a case we recently dismissed in favor of it being prosecuted in the context of another county's revocation proceeding. No statute of limitation has run and I could certainly refile.
As to the first request, you may seek to get an AG opinion denying release on any number of exceptions, including the allegation that the information is being sought for the purpose of litigation against the State.
As for the second, from what case did the subpoena issue?
Defendant has a revocation pending in another county. The basis of the revocation is, in large part, our offense. We would rather it be prosecuted in the other county under the lower burden of proof. Thus, the defense is issuing a subpoena in the revocation case for our file.
552.108 of the Government Code sets out discretionary exceptions to disclosure. Two could be applicable here: (1) information the release of which would interfere with law enforcement or prosecution; and (2) information relating to an investigation that did not result in a conviction or deferred adjudication. If appeals are pending or anticipated, the "prosecution" has been deemed ongoing in some circumstances--I don't know if that is limited to direct appeal.
This wouldn't exempt you from disclosure of basic arrest and offense facts, but could allow you to redact most or all of the file.
In any case, you have to seek an AG opinion if you want to withhold properly requested information.
Since art. 24.06(3) implicitly states you may refuse to produce evidence if there is "legal cause" to do so, I would certainly point out that the limited scope of art. 39.14 effectively creates a privilege for many of the items in your file which have been subpoenaed in the revocation proceeding.
