Discovery

The Defendant is entitled to:

• Oral and written statements he or she has made concerning the case if it is in the custody or control of the state.
• Recorded  statements the Defendant has made to law enforcement officers concerning the case if it is in the custody or control of the state.
• Statements of Codefendants
• Defendant’s prior criminal record
• Documents and tangible evidence related to the case
• Reports of examinations and tests
• Statements of State Witnesses
• Any evidence that tends to exculpate the defendant or mitigate the seriousness of the offense or mitigate the harshness of the sentence

The defendant generally is entitled to know the identity of a confidential informant if the informant directly participated in the offense (i.e., such as actually buying the drugs). The defendant is also entitled to the informant’s identity if the informant is a material witness to the facts about the defendant’s guilt or innocence. The defendant has the burden of showing the need to know the informant’s identity.   

In a limited sense the defendant does have a duty to provide discovery to the state after the defendant makes the request for discovery upon the state and receives it. 

The defendant must provide notice of certain defenses to the state:  alibi, duress, entrapment, insanity, mental infirmity, diminished capacity, self-defense, accident, automatism, involuntary intoxication, or voluntary intoxication.