STATE OF GEORGIA

State of Georgia,    |

                     |

versus               | Indictment number 123456

                     | Judge_______________

DEFENDANT,           |

                     |

defendant.           |

MOTION FOR ORDER OF DISCLOSURE OF JUVENILE COURT PROCEEDINGS AND RECORD

Pursuant to the constitutional rights guaranteed to this defendant in the Fifth, Sixth, Eighth and Fourteenth Amendments to the Untied States Constitution and the rights guaranteed under Article I, Section I, Paragraph I, II, XI, and XIV of the Georgia Constitution, the defendant moves the court for an Order requiring disclosure of the juvenile court proceedings and record of XXXXXX, and shows as grounds the following:

1.

On ______________, a search warrant was executed at XXXXXXXXX. As a result of the search warrant DEFENDANT was arrested and charged in the above referenced indictment with VGCSA possession of cocaine with intent to distribute. Also at that time, XXXXX a juvenile at the time, was present and taken into custody for sale of cocaine, possession of cocaine with intent to distribute, and possession of marijuana with intent to distribute. Pursuant to the arresting officer’s police report, XXXXX had in her possession: 13 bags of marijuana, 18 hits of suspected crack cocaine, and $101.

2.

Upon information and belief, XXXXX had proceedings filed against her in the Juvenile Court of _____________ County, relating to the charges of VGSCA.

3.

Upon information and belief, the offense of VGSCA for which DEFENDANT is charged was committed by XXXXX.

4.

The defendant expects that XXXXX will be called as a witness in the trial in the above-referenced case.

5.

The defendant seeks disclosure of the juvenile court proceedings and record of XXXXX pursuant to her state and federal constitutional rights to due process; the defendant’s right to confrontation as well as the Georgia statutory right to the discovery and disclosure of exculpatory and impeaching testimony; the defendant’s right to subpoena witnesses and evidence in his own behalf; and to reveal possible biases, prejudices, or ulterior motives of XXXXX. See Davis v. Alaska, 415 U.S. 308 (1974) (Defendant’s right to effectively cross-examine a witness is paramount to the State’s policy protecting juvenile offenders); Brady v. Maryland, 373 U.S. 83 (1963); Hamilton v. State, 185 Ga. App. 536, 538 (1987).

6.

The defendant moves for an order which will permit the defense to serve the Clerk of the Juvenile Court of _____________ County with the subpoena for the production of all documents and records of the juvenile court proceedings relating to this case, including, but not limited to transcripts of all related juvenile court proceedings, evidence presented, witness statements, adjudication of XXXXX, and the file of the clerk of the Juvenile Court. In addition, the defendant moves for an order requiring disclosure of the juvenile record of XXXXX.

7.

In the alternative, if the Court denied the defendant’s motion, the defendant requests that the above requested information and documents be delivered to the Court for an in camera inspection, and that the Court make a ruling releasing the same or portions thereof to the defense for use at trial.

For the forgoing reasons, the defendant requests that this motion be granted.

This the _____ day of ___________, 20__.

Respectfully submitted,