I have evidence from a burglary of a habitation (one defendant) that has resulted in a possession of firearm by a felon case (different defendant - not connected w/ burglary).
How do I use the same physical evidence in two different trials?
Thanks in advance for your help.
Following the conclusion of the first trial, you can request an order of the court to withdraw the evidence and substitute a picture/copy of the item or documents. Be sure that chain of custody is preserved, if necessary.
Sometimes, a defense attorney will object, but the court order will suffice.
I've got a motion and order that might serve as a good starting spot. Just shoot me an e-mail and I'll send it to you.
Assistant District Attorney
Parker County, Texas
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