Pleading Tucson DUI Lawyers

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					MATTHEW H. GREEN
Arizona Bar 020827
Deputy Public Defender
11 West Jefferson, Suite 5
Phoenix, Arizona 85003
(602) 506-8330
Attorney for Defendant

     IN THE EAST NO. 1 JUSTICE COURT OF THE STATE OF ARIZONA
                  IN AND FOR THE COUNTY OF MARICOPA


STATE OF ARIZONA,                       TR04-
                  Plaintiff,            REQUEST FOR DISCOVERY
       vs.
JOHN DOE,
                  Defendant.           (HONORABLE C. A. MENDOZA)


       Defendant, through undersigned counsel, asks the state

to    make   available    for    examination       and    reproduction     all

discoverable material pursuant to Rule 15.1, Arizona Rules

of    Criminal    Procedure.      Materials     specifically          requested

include:

       1.    Any audio recordings made of 911 calls to police.

             Time is of the essence.
       2.    Dispatch     log/printout        of         call,    identifying
             complainant, nature of call, units assigned, time
             of   call,   time    of   dispatch,         time    of    arrival,
             information broadcast.
3.   Patrol    division         daily         logs/worksheets        of    all
     involved officers.
4.   Any audio/video recordings of defendant, including
     DUI van video
5.   All police reports, accident reports, supplements,
     diagrams, notes.
6.   Booking slip/arrest record, booking photo, Form IV
     Release Questionnaire.
7.   Any photographs taken of defendant, victims, scene,
     evidence, including all photographs taken or used
     during any identification procedure.
8.   Criminal history information that will be used for
     impeachment    or    to        support     any     allegeable    felony
     convictions,        bad        acts,      or     prior    DUI(s)        of
     defendant.
9.   Complete MVD records that will be used to prove
     defendant’s driver’s license status and service of
     notice,    including               any    administrative        hearing
     actions and all underlying documentation.
10. Medical    records         of       any   victims    if   injuries       or
     fatalities alleged.
11. Names, addresses and phone numbers of all witnesses
     the   State   will        call      at    trial,    including        their
     written/recorded statements.




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12. Name and address of the designated expert witness
    who   will    be     called       at   trial,    along    with    their
    written statements, reports, notes, and curriculum
    vitae
13. Felony,       theft,         false          statement      conviction
    information for all State witnesses.
14. Internal disciplinary records of police/crime lab
    witnesses if issues involving truth and veracity
    were sustained in whole or in part.
15. Documentation of any suspension/revocation of any
    license,     certification,            or   permit    issued     to   any
    police/crime lab witness.
16. Spanish       speaking            training      and     certification
    records.
17. Results of any field sobriety tests, with officer’s
    HGN certification and logs.
18. Specific NHTSA manual used by officer(s) for DUI
    Detection and FST/HGN training and certification.
19. Written           police          policy      regarding        traffic
    investigations (DUI/accidents).
20. Results      of    any     fingerprint       searches/comparisons,
    with identity of technicians.
21. Results of any PBT, including name and address of
    manufacturer of device.




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22. Identification         of     any      studies       relied    upon    by
    State’s expert if of the opinion that all persons
    are impaired at .08% BAC.
23. Results     of   any    blood/urine            analysis,      with    the
    following material:
    a.   Copies of any consent or waiver forms signed
         by defendant.
    b.   Copies      of     any      search        warrant,       including
         affidavits, notes, recordings.
    c.   Notes       of     person             drawing     blood,        with
         documentation of qualifications.
    d.   Name and address of the manufacturer of the
         sample      collection           kit,    with    lot/batch/vial
         numbers,         date       of     manufacture,          date     of
         expiration, and name and quantity of any added
         preservatives or anticoagulants
    e.   Inventory records and chain of custody logs
         for defendant’s sample.
    f.   Name     and     address         of     manufacturer       of    the
         analyzing device, with date of manufacture,
         date of delivery, and manufacturer’s warranty.
    g.   DHS certifying documents for analyzing device
         used.
    h.   Operator and maintenance manuals for device
         used.



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i.   Crime lab maintenance and repair policy for
     analyzing device.
j.   Service, repair and preventative maintenance
     records for device used.
k.   Crime     lab       policy/procedures     for     analyzing
     samples.
l.   Analyst’s run sheets, log sheets, and personal
     notes.
m.   Chromatograms         and   printouts   for     defendant’s
     sample and other samples run at same time,
     including standards, blanks, controls together
     with a description of where these items are
     located in the run.
n.   Name     and    address     of     manufacturer    of    the
     standards and controls used.
o.   Expected and actual analytical values of the
     standards and controls.
p.   Value of whole blood controls for run, which
     includes defendant’s test, along with device’s
     calculated value of whole blood control.
q.   Contents       of    calibration    sequence     run    after
     calibration curve is determined, but before
     subject tests are run.
r.   Analyst’s DHS application, permits, and all
     proficiency exam results



                            5
      24. A meaningful witness list that reflects all of the
            actual State witnesses to be called at trial.
      25. The     disclosure      of     the    specific      criminalist    the
            State will call at trial.             See State v. Tucker, 157
            Ariz. 439, 759 P.2d at 585; State v. Romero, 130
            Ariz. 142, 634 P.2d 954, 958.
      26. Any information that might suggest that any State
            witness is no longer available for trial, including
            but   not   limited     to       information    regarding     death,
            incapacity,       civil          commitment,      termination     or
            resignation from employment with the arresting law
            enforcement agency, or an expressed unwillingness
            to testify.
      27. A complete list of all law enforcement personnel
            who responded to the alleged crime scene, or were
            present     for   any      aspect      of   the    investigation,
            including the names of any federal, state of local
            prosecutor’s office who reported to the scene or
            were present for any aspect of the pre-charging
            investigation.

28.        OFFICER-PHLEBOTOMY RELATED MATERIALS:

      a.    Copies of any and all documents relating to the

Peoria     Police       Department’s           rules,      regulations,     and

protocols as they pertain to police officers who have been




                                         6
approved to perform phlebotomy, including but not limited

to:

             i.               Departmental        requirements              for        the

qualification of officers to perform phlebotomy;

             ii.              Departmental       rules         and         regulations

      providing for the oversight and supervision of officer-

      phlebotomists;

             iii.             Departmental       rules         and         regulations

      pertaining         to    the    quality    control       procedures         to    be

      observed by its officer-phlebotomists;

      b. A     list      of     the    names,    addresses,          and    telephone

      numbers       of    the        officers    and        other    Peoria       Police

      Department         personnel        that    are        involved       with       the

      administration,            supervision,         and    development       of      the

      Department’s officer phlebotomy program.

      c. Any       documents         prepared    by    Officer       G.    Sparpana      #

      6500 in this case that pertain to his involvement with

      extracting blood from Mr. Dorsie Robinson.

      This request is made pursuant to Rule 15.1(e), Arizona
Rules of Criminal Procedure, and is based on the fact that
the requested materials may have a direct bearing on the
guilt or innocence of the defendant.                           The defendant has
substantial need for these materials in the preparation of

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his defense and is otherwise unable to obtain them without
undue hardship. The majority of the requested materials are
in the possession and control of State agencies that operate
as an arm of the prosecution in criminal investigations.

See Carpenter v. Superior Court, 176 Ariz. 486, 862 P.2d 246
(App. 1993); Scales v. City Court of Mesa, 122 Ariz. 231,
594 P.2d 97 (1979); Baca v. Smith, 124 Ariz. 353, 604 P.2d
617 (1980); Garcia v. Dist. Court, 197 Colo. 38, 589 P.2d
924 (1979); People v. Hitch, 12 Cal.3d 641, 527 P.2d 361
(1974).     If the state is unable to produce the requested
materials    in   a   timely    manner      the     defense    will   move    to
suppress    all   evidence     of   the    defendant's        blood   or   urine
analysis results and any reference to the analysis equipment

and procedures utilized as required by Scales, Baca, Garcia,
Hitch,     and    Rule   15.7(4),         Arizona     Rules     of    Criminal
Procedure.
    RESPECTFULLY SUBMITTED this _____ day of April, 2012.

                                    MARICOPA COUNTY PUBLIC DEFENDER

                                    BY
                                         MATTHEW H. GREEN
                                         Deputy Public Defender



Copies of the foregoing mailed/
delivered this _____ day of
April, 2012, to:




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HONORABLE C. A. MENDOZA
Judge of the Justice Court
East No. 1 Justice Court
One West Madison
Phoenix, AZ 85003

DAN OSERAN
Deputy County Attorney
Pre-Trial Division
301 West Jefferson Street
Phoenix, Arizona 85003


By _________________________
   Matthew H. Green
   Deputy Public Defender




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