I have a defense attorney complaining that at the moment he is employed by an accused, he is entitled to discovery. He considers it irrelevant that the accused has not yet been indicted. Our argument is that you aren't a defendant for purposes of the new discovery statute until we have a case filed against you (an indictment). Thoughts?

There was a tussle about that very issue last year. Here's a link to the TDCAA case summary.

Short version for the lazy: Article 39.14's obligations don't begin until a person has been indicted.