Criminal Discovery

Texas Appleseed worked to improve access to justice by improving criminal discovery practices across the state. Prior to 2014, Texas law required minimal disclosure of information by prosecutors to defendants — they largely determined whether to share critical evidence, such as witness statements and police reports, with the defense before trial. Yet, the failure to disclose information to the defense can lead to wrongful convictions, like that of Michael Morton, who spent 25 years in prison for a crime he did not commit after the prosecution withheld exculpatory evidence from the defense. In 2013, Texas Appleseed and the Texas Defender Service, with the assistance of Locke Lord LLP, published a report highlighting the uneven discovery practices in Texas. This report was used to help pass the Michael Morton Act.

With the enactment of the Michael Morton Act, which took effect in January 2014, Texas law governing criminal discovery was overhauled, requiring broader disclosure of information to the defense.