Appendix E -9 Defendant's Request Concerning Discovery of Mitigation Evidence

• Library: How to Try a Murder Case: Pretrial and Trial Guidelines for Prosecution and Defense (ABA) (2011 Ed.)

APPENDIX E-9 Defendant's Request Concerning Discovery of Mitigation Evidence

Defendant, by undersigned counsel, respectfully requests that this Honorable Court order the State's Attorney to provide full disclosure regarding information in mitigation of punishment:

1. The request extends to material and information in the possession or control of the State's Attorney, members of his staff, and any others who have participated in the investigation or evaluation of the case and who either regularly report, or with reference to the particular case, have reported to the State's Attorney or his office.
2. The purpose of the request is to obtain disclosure of material and information to the fullest extent authorized and directed by Maryland Rule 4-263; and this general purpose shall supersede any language or expression that might otherwise appear to be a limitation upon the object or scope of any request.
3. Captions or headings used to separate paragraphs are not part of the requests but are for convenience only.
4. Material and information discovered by the State's Attorney after his initial compliance with these requests shall be furnished promptly after such discovery in accordance with Maryland Rule 4-263(h).
5. The request in no way should be considered a waiver of the information required to be furnished without request by the State's Attorney pursuant to Rule 4-263(a) to the defendant.

In support thereof Defendant states the following:

1. Defendant is charged with first-degree murder and related offenses in the above-captioned matter.
2. The State has filed a Notice of Intention to Seek a Sentence of Death.
3. In accordance with Rule 4-263 the State's Attorney is

...