NO. D1DC14-100139 STATE OF TEXAS IN THE DISTRICT COURT VS. 390TH JUDICIAL DISTRICT JAMES RICHARD PERRY TRAVIS COUNTY, TEXAS ORDER DENYING MOTION TO COMPEL COMPLIANCE WITH ARTICLE 20.20 On February 3, 2015, Defendant ?led Motion to Compel Mr. McCrum and/or Mr. Gonzalez to Comply With Article 20.20 of the Code of Criminal Procedure. Inasmuch as Article 20.20 has been held to be ?directory,? and not ?mandatory,? this court hereby DENIES Defendant?s motion. Jenkins v. State, 468 432, 435 (Tex.Crim.App. 1971). See also Teague v. State, 864 505 (Tex.Crim.App. 1993) (An order to the State to present to Appellant a list of witnesses who would be called by the State at trial was suf?cient); Bruns v. State, 924 176 Antonio 1996, no pet.) (It is well established that the requirements in article 20.20 ,are directory despite the use of the word ?shall? therein); Hills v. State, 2010 WL 2330310 (Tex.App.?Austin 2010, pet. dism?d). 37/ SIGNED AND ENTERED ON 2 20 JU GE RICHARDSON Ju ge Presiding By Assignment In 'Il'hg Court .. rav oun . exas a? - L0 - 15 HS {afa- 5 ?Valve L. Prlco. strict clerk. The District Clerk of Travis County, Texas, is directed to immediately send copies of this Order to the following persons by certi?ed mail, return receipt requested, or by the most practical means: a. Attorneys For Defendant: The Buzbee Law Firm Anthony G. Buzbee PMorgan Chase Tower 600 Travis Street, Suite 7300 Houston, Texas 77002 Baker Botts L.L.P. Thomas R. Phillips 98 San Jacinto Blvd, Suite 1500 Austin, Texas 78701-4078 Botsford Roark David L. Botsford 1307 West Ave. Austin, Texas 78701 b. Attorneys For The State of Texas Michael McCrum District Attorney Pro Tem, Travis County, Texas 700 N. St. Mary?s St., Suite 1900 San Antonio, Texas 78205 David M. Gonzalez Assistant District Attorney Pro Tem, Travis County, Texas 206 East 9th Street, Suite 1511 Austin, Texas 78701 SIGNED and ENTERED on Zl/g/Z 0/ 55* r- I. VtL?u?? L. FJHIUE, Dietret UIEIFH. [rams Ueunty'. 3" ee "er-r2111,- eenify- That this is :1 true and enrreet new}; as ssme sppesrs e? in My -- Jud ePre51d1n e?lee. my time and sea-1 ef ef?lee . u? I - '1 . f" er'fll'f. 7.1; -. - . . UFLUA PHIEF DIEIHIUI ELEM Hy Deputy: .- ,e NO. D1DC14-100139 STATE OF TEXAS IN THE DISTRICT COURT VS. 390TH JUDICIAL DISTRICT JAMES RICHARD PERRY TRAVIS COUNTY, TEXAS STANDING DISCOVERY ORDER The current version of the new discovery rules found in Texas Code of Criminal Procedure Art. 39.14 apply to offenses allegedly committed after January 1, 2014. Since the offenses indicted in this case are alleged to have been committed prior to January 1, 2014, the 2012 version of Article 39.14 applies. Nevertheless, this court ?nds that the spirit of The Michael Morton Act should still be followed. Therefore, the court HEREBY ORDERS that the parties confer and accomplish the following as soon as practicable, or in the event that this case is set on the jury docket, 21 days- before trial with a continuing duty to supplement: 1. The State shall produce and permit the inspection of and the electronic, duplication, copying and photographing, by or on behalf of the defendant, of any offense reports, and any designated documents, papers, written or recorded statements of the defendant or a witness, including witness statements of law enforcement officers, but not including the work product of counsel for the State in the case and their investigators and their notes or report, or any designated books, accounts, letters, photographs, or objects or other tangible things not otherwise privileged that constitute or contain evidence material to any matter involved in the action that are in the possession, custody, or control of the State or any person under contract with the state. Production of said items by the State to Flled In The Court of Travis Coun Texas on 2- LE at M. Valve L. Price, Clark HS the defense must be in compliance with the Texas Code of Criminal Procedure Article 39.14 and must be accomplished as soon as practicable or within 21 days before trial. The State shall reveal to the Defendant and permit inspection by the Defendant of all information and material known to the State that may be favorable to the Defendant on the issues of guilt or punishment within the scope of Brady v. Maryland, 373 US. 83 (1963). Pursuant to Texas Code of Criminal Procedure Article 39.14 the State shall produce any exculpatory, impeachment, or mitigating document, item or information in the possession, custody, or control of the State that tends to negate the guilt of the defendant or would tend to reduce the punishment for the offense charged. The State shall disclose to the Defendant the existence and substance of any payment, promise of immunity, leniency, or preferential treatment made to any prospective State witness within the scope of United States v. Giglio, 405 US. 150 (1972) Pursuant to Texas Rules of Evidence 609 the State shall disclose to the Defendant the existence and nature of any conviction for a felony or crime of moral turpitude, or any pending case, of any State's witness as soon as practicable. The State shall permit the Defendant to inspect the Defendant?s NCIC, TCIC, and Travis County arrest record. I The State shall provide to the Defendant a list of all witnesses the State may present during its case-in?chief. 7. The State shall provide to the Defendant notice pursuant to Texas Rules of Evidence Rule 404(b) of its intent to introduce in the State?s case-in-chief evidence of other crimes, wrongs, or acts, other than that arising in the same transaction. 8. Pursuant to Texas Code of Criminal Procedure Article 39.14, the State and the Defense shall, upon request of the opposing party, disclose to the opposing party the name and address of each person that said party may use at trial to present evidence as an expert, pursuant to Texas Rules of Evidence 702, 703, and 705. Such disclosure shall be made in writing, not later than the 20th day before the day the trial begins. THE COURT HEREBY ORDERS that, at least 10 days prior to trialLthe State cause to be transcribed the Grand Jury testimony of all witnesses who may testify for the State at the trial of this cause. THE COURT HEREBY ORDERS that the State is hereby placed under a continuing duty to reveal to the Defendant, as soon as practicable, all newly discovered information or material within the scope of this standing order. THE COURT HEREBY ORDERS the Defense and Defense Team to comply with Texas Code of Criminal Procedure Article 34. 19(f). The court may, at any time, upon motion properly filed, order that the discovery or inspection provided for by this standing order be modi?ed, denied, restricted, or deferred, or make such other order as is appropriate under the Texas Code of Criminal Procedure or the Texas Rules of Evidence. Any dispute between the State and the Defendant relating to discovery matters in general, or to compliance with this standing order, should be brought to the court?s attention as soon as possible. ORDERED AND ENTERED ON 2/43//z?r ERT RICHARDSON dge Presiding By Assignment amass The District Clerk of Travis County, Texas, is directed to immediately send copies of this Order to the following persons by certi?ed mail, return receipt requested, or by the most practical means: a. Attorneys For Defendant: The Buzbee Law Firm Anthony G. Buzbee JPMorgan Chase Tower 600 Travis Street, Suite 7300 Houston, Texas 77002 Baker Botts L.L.P. Thomas R. Phillips 98 San Jacinto Blvd, Suite 1500 Austin, Texas 78701-4078 Botsford Roark David L. Botsford 1307 West Ave. Austin, Texas 78701 b. Attorneys For The State of Texas Michael McCrum District Attorney Pro Tem, Travis County, Texas 700 N. St. Mary?s St., Suite 1900 San Antonio, Texas 78205 David M. Gonzalez Assistant District Attorney Pro Tem, Travis County, Texas 206 East 9th Street, Suite 1511 Austin, Texas 78701 SIGNED and ENTERED on . I I I. VELVA L. FJHIUE, DIE-trct Clark. [rams Bounty, Tran-ass, as "?shy {r?r'?ify' That this is Trur: and Jud Presidin may firm and sea-1 of of?ce SS gnme Uri ._al {Rial-Erlrr -- - -, UFLUA PHICF 5 ULtiiH Deputy: .. - DC BK15037 PG950 NO. D1DC14-100139 STATE OF TEXAS IN THE DISTRICT COURT VS. 390TH JUDICIAL DISTRICT JAMES RICHARD PERRY TRAVIS COUNTY, TEXAS SCHEDULING ORDER On February 3, 2015, counsel for both parties appeared in court for an informal conference. As a result of this conference, the court understands as follows: 1. No stay is being sought at this time during the pendency of Defendant?s appeal of the court?s order denying pretrial habeas relief. 2. The State indicated that it intends to amend Count II as permitted by the court in its Order of January 27, 2015. 3. The State also indicated that it intends to ?le a motion for leave to amend other portions of the indictment; although, the court has not ordered the State to so amend the indictment. 4. The State agreed to ?le its amendment to Count II consistent with the court?s January 27, 2015 order, and the State agreed to ?le any other motion for leave to amend the indictment by February 13, 2015. 5. Defense counsel requested ten days to respond to whatever the State ?les on February 13, 2015, but indicated that he would endeavor to respond sooner. 6. Thereafter, subject to further discussion, a hearing will be set to address any and all motions before the court. SIGNED AND ENTERED 0N 7/?l/Z Flled In The Court Trarls (iounty, Texas HS 1&1 residing 3 a By A331gnment DC BK15037 PG951 miss The District Clerk of Travis County, Texas, is directed to immediately send copies of this Order to the following persons by certi?ed mail, return receipt requested, or by the most practical means: a. Attorneys For Defendant: The Buzbee Law Firm Anthony G. Buzbee JPMorgan Chase Tower 600 Travis Street, Suite 7300 Houston, Texas 77002 Baker Botts L.L.P. Thomas R. Phillips 98 San acinto Blvd, Suite 1500 Austin, Texas 78701-4078 Botsford Roark David L. Botsford 1307 West Ave. Austin, Texas 78701 b. Attorneys For The State of Texas Michael McCrum District Attorney Pro Tem, Travis County, Texas 700 N. St. Mary?s St., Suite 1900 San Antonio, Texas 78205 David M. Gonzalez Assistant District Attorney Pro Tem, Travis County, Texas 206 East 9th Street, Suite 1511 Austin, Texas 78701 SIGNED and ENTERED on 2 4- e? I. L. FJHIUE: ct Clark. 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