November 28, 2006, 07:02
BarnettState'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
JohnRLook 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.