IN THE GENERAL SESSIONS COURT FOR BLOUNT COUNTY, TENNESSEE

AT MARYVILLE

STATE OF TENNESSEE )

)

v. ) CASE NO. T0028053

)

John Davis Lee II )

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BRIEF IN SUPPORT OF DEFENDANT’S MOTION FOR THE

PRODUCTION OF JENCKS MATERIAL IN GENERAL SESSIONS COURT

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Defendant in this cause has requested Jencks material, after the testimony of the officer on a Motion to Suppress. Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103 (1957); 18 U.S.C.A. §3500; Fed.R.Crim. P. 26.2; Tenn.R.Crim.P. 26.2.

BRIEF OF LAW

Rule 1(f) provides in pertinent part:

Rule 1. Scope. — These rules govern the procedure in all criminal proceedings conducted in all courts of record in Tennessee.

Additionally they govern procedure in the general sessions courts of the state to the extent of ...

(f) Search and seizure pursuant to Rule 41;

Rule 41(f) provides in pertinent part:

(f) Motion for Return or Suppression of Property. — A person aggrieved by an unlawful or invalid search or seizure may move the court pursuant to rule 12(b) to suppress any evidence obtained in such unlawful search or seizure. If property was unlawfully seized, the aggrieved person may move for the return of the property; and the motion shall be granted, except as to the return of contraband, if the evidence in support of the motion shows that: ...

Rule 12(b)(3) provides:

(b) Pretrial Motions. — Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before the trial by motion. Motions may be written or oral at the discretion of the judge. The following must be made prior to trial: ...

(3) Motions to suppress evidence;

Rule 26.2(a) provides:

Rule 26.2. Production of Statement of Witnesses. — (a) Motion for Production. — After a witness other than the defendant has testified on direct examination, the trial court, on motion of a party who did not call the witness, shall order the attorney for the state or the defendant and the defendant’s attorney, as the case may be, to produce, for the examination and use of the moving party, any statement of the witness that is in their possession and that relates to the subject matter concerning which the witness has testified.

Rule 26.2(f) specifically provides that except as therein provided, Rule 26 shall apply at the hearing before the court on a motion under Rule 12(b).

CONCLUSION

So long as there is a motion under Rule 12(b), then 26.2(f) provides that the defendant is entitled to what has become known as Jencks material. Rule 1(f) provides that the Rules of Criminal Procedure set forth in Rule 41 apply to the courts of general session. Rule 41(f) provides that the procedure to be followed in suppression issues is the procedure set forth in Rule 12(b). Rule 12(b)(3) provides for pretrial motions, specifically inclusive of motions to suppress evidence. Rule 26.2(a) and (f) provide for Jencks material in Rule 12(b) motions.

Respectfully submitted,

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John Davis Lee II, pro se

CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing was forwarded by U.S. mail, postage prepaid, to Mike Flynn at the Office of the District Attorney General, Blount County Justice Center, 942 E. Lamar Alexander Parkway, Maryville, TN 37804-5002, phone (865) 273-5600.

on this ____ day of _______________, ______.

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John Davis Lee II, pro se