Martin v. Darnell

ORIGINAL PROCEEDING

BOYD, Chief Justice.

In this original proceeding, a prosecution witness seeks a writ of mandamus directing the trial court to quash a defendant’s subpoenas duces tecum. It presents the question of the ability of a defendant in a criminal proceeding to obtain pretrial discovery from prosecution -witnesses. For reasons stated below, we conditionally grant relator’s petition.

Relator Deane Bostick Martin (Martin) was a civilian employee in the records division of the Lubbock Police Department. Beginning in September 1996, Martin was also used by the Department in an undercover…