Texas Court of Criminal Appeals Announces Prosecution’s Duty to Provide Discoverable Evidence Upon Request Applies to Discoverable Items in Law Enforcement Agencies’ Possession Unbeknownst to Prosecution and Exclusion Is Appropriate Remedy for Violation

by Sam Rutherford

The Texas Court of Criminal Appeals, that state’s highest court of review in criminal cases, held that the prosecution violates a state court rule of discovery by failing to promptly disclose relevant evidence in the possession of law enforcement, even if unbeknownst to the prosecution, in response …