2005 Idaho Code - 46-1134 — DISCOVERY

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1134.  DISCOVERY. Pretrial discovery for any court-martial shall be in
accordance with the procedures for discovery set out in the manual for
courts-martial and this section.
    (1) At any session convened pursuant to section 46-1127, Idaho Code, and
for good cause shown at trial, the military judge shall, upon a motion of the
accused, order the trial counsel to divulge to the accused, and, where
necessary, permit the accused to inspect, copy or photograph:
    (a)  Any statement made by the accused relevant to the offense charged
    which is in the possession, custody or control of the state, the existence
    of which is known or may become known to the trial counsel by the exercise
    of due diligence;
    (b)  Written or recorded statements, or the substance of an oral statement
    made by a coaccused;
    (c)  The prior military record, as is then available to the trial counsel,
    of the accused or of any coaccused;
    (d)  The names and current addresses, if known, together with any relevant
    prior statement of all persons, civilian or military, whom the trial
    counsel intends to call as witnesses at trial;
    (e)  The report of any nonjudicial or quasi-judicial investigation
    conducted by the state relevant to the offense charged unless the military
    judge finds, on good cause shown, that the disclosure would be inimical to
    the state or national security;
    (f)  The results and reports of any physical or mental examinations, or of
    scientific tests or experiments, made in connection with the case, within
    the possession, custody, or control of the trial counsel, the existence of
    which is known to the trial counsel, or which may become known by the
    exercise of due diligence; and
    (g)  The report of the investigating officer made pursuant to section
    46-1120, Idaho Code.
    (2)  At any session convened pursuant to section 46-1127, Idaho Code, and,
for good cause shown at trial, the military judge may, upon a motion of the
accused, order the trial counsel to permit the accused to inspect, copy, or
photograph books, papers, documents, tangible objects, buildings, or places or
copies or portions thereof, which are within the possession, custody, or
control of the state, upon a showing that they are material to the preparation
of the defense and that the request is reasonable. If the relief requested
hereunder is granted, the military judge may, upon motion of the trial
counsel, inspect, copy, or photograph scientific or medical reports, books,
papers, documents, tangible objects, or copies or portions thereof which the
accused intends to introduce into evidence at trial, which are related to the
discovery sought by the accused and which are within the possession, custody,
or control of the defense upon a showing that they are material to the
preparation of the state's case and that the request is reasonable.
    (3)  Notwithstanding any other provisions of this section, the trial
counsel shall disclose to the accused, as soon as it is discovered, all
material, exculpatory evidence actually known to the trial counsel, whether or
not a request for such evidence has been made by the accused.
    (4)  Except as provided in subsections (1) and (3) of this section,
discovery or inspection is not authorized of reports, memoranda or other
internal documents made by state agents in connection with the investigation
or prosecution of the case, or to statements made by state witnesses or
prospective state witnesses to agents of the state except as provided in 18
USC sec. 3500.
    (5)  The military judge in granting relief under this article, shall, if
necessary, specify the time, place, and manner of making the discovery and
inspection permitted, under such terms and conditions as are just.
    (6)  Whenever discovery is ordered or required under this article, a
continuing duty to disclose exists, and whenever a party discovers additional
material previously requested or ordered which is subject to discovery or
inspection, he shall promptly notify the other party or his counsel and the
military judge of the existence of such additional material. In the event that
either party fails to comply with this article or with an order issued
pursuant to this article, the military judge may grant a continuance or
prohibit the party from introducing into evidence the material not disclosed
or it may enter such other order, including dismissal of all charges, as it
deems just under the circumstances.
    (7)  Upon a sufficient showing by either party the military judge may at
any time order that discovery or inspection be denied, restricted or deferred,
or make such other order as is appropriate.