Just received a motion for discovery asking that the court order the State to make available for photos and video the scene of a burglary of a habitation. Seems to me this exceeds the CCP 39.14. Is there any law on this. I don't see how I can go to a victim and say you have to let the defense lawyer paw through your home and take pictures and make videos. Not sure a judge can order it...any thoughts on this...thanks in advance.

In re Watkins, 369 S.W.3d 702 (Tex. App. Dallas 2012)

A court cannot order the State to produce items not in its possession. Also check out

In re Stormer, 2007 Tex. Crim. App. Unpub. LEXIS 1154 (Tex. Crim. App. June 20, 2007)

Judge denied this motion on pretty much statutory grounds. I tossed out the Stormer case and a few others, Long and short of it all was you can't give up something you don't have. Thanks