Code of Criminal Procedure · Art. 39.14

Discovery (Michael Morton Act)

On a timely defense request, the State must produce as soon as practicable any offense reports, witness statements, and all other documents and tangible things material to the case (with limited exceptions). Continuing duty to disclose exculpatory/mitigating/impeachment evidence regardless of request.

To prove this offense, the State must establish each of the following elements: Defense request triggers production; Production of offense reports, witness statements, documents, tangible evidence (with limited exceptions); Continuing duty to disclose exculpatory/mitigating/impeachment evidence; Brady/Giglio compliance.

The base classification is Mandatory disclosure, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Defense request triggers production
  • Production of offense reports, witness statements, documents, tangible evidence (with limited exceptions)
  • Continuing duty to disclose exculpatory/mitigating/impeachment evidence
  • Brady/Giglio compliance
Texas Law — Charge Details
Discovery
Offense
Discovery (Michael Morton Act)
Statute
Tex. Code Crim. Proc. art. 39.14
Classification
Mandatory disclosure

On a timely defense request, the State must produce as soon as practicable any offense reports, witness statements, and all other documents and tangible things material to the case (with limited exceptions). Continuing duty to disclose exculpatory/mitigating/impeachment evidence regardless of request.

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Worked examples

Worked example 1

Under the Michael Morton Act (Art. 39.14), the prosecution must:

  1. Reveal nothing until trial
  2. Produce, as soon as practicable after a timely request, any offense reports, witness statements, and all other documents and tangible things that constitute or contain evidence material to the case (with limited exceptions) Correct
  3. Produce only physical evidence
  4. Produce only after the indictment
Why: The Michael Morton Act dramatically broadened defense discovery in Texas — open-file production with a duty to disclose any exculpatory, mitigating, or impeachment evidence (Brady) regardless of request.
Statute: Tex. Code Crim. Proc. art. 39.14
Worked example 2

Brady material refers to:

  1. Only the defendant's prior convictions
  2. Evidence in the prosecution's possession that is favorable to the accused and material either to guilt or to punishment — must be disclosed to the defense Correct
  3. Evidence the defense must turn over
  4. Hearsay statements only
Why: The State has a constitutional duty to disclose to the defense any evidence favorable to the accused that is material to guilt or punishment. Texas codifies this and goes further under Art. 39.14(h).
Statute: Brady v. Maryland, 373 U.S. 83 (1963); Tex. Code Crim. Proc. art. 39.14(h)

Statutory definitions for this topic

Michael Morton Act / Art. 39.14 Tex. Code Crim. Proc. art. 39.14
Texas's broad open-file discovery statute. The prosecution must, on a timely defense request, produce offense reports, witness statements, and all other documents and tangible things material to the case (with limited exceptions). Continuing duty to disclose exculpatory/mitigating/impeachment evidence.