TDCAA Community
State's Right to take inmate deposition

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3961097041

November 28, 2006, 07:02
Barnett
State's Right to take inmate deposition
I want to depose an inmate who is incarerated in Louisian (since Louisiana won't allow him to be brought back to Texas on a misdemeanor trial even though it involves the death of a 14 year old).
I cannot find any case law or statute which addresses whether the State has a right to depose an inmate in a criminal trial. All of the cases I have found discuss an inmate's right and the defense's right to depositions.

Thoughts?
Barnettw@co.collin.tx.us
November 28, 2006, 09:48
JohnR
Look at the current version of article 39.01 and 39.02. It was amended last sessions to allow the State to take depositions in appropriate circumstances.