Appeals court hears dispute over trial judge's order allowing deposition of state's witness for Brady review

The Tennessee appellate court on oral argument heard competing views over a trial court order that allowed the defendant to depose the state's chief witness, Christopher Martinez, to pursue alleged Brady material ahead of trial.

The issue matters because the court must decide whether the trial judge exceeded the limits of Tennessee Rule of Criminal Procedure 15 and whether a pretrial deposition aimed at uncovering allegedly withheld Brady or Giglio material is permissible when the trial court did not make findings that the witness would be unavailable or that "exceptional circumstances" existed.

State appellate counsel Will Lundy told the court that "the trial court abused its discretion when it granted the defendant's motion to depose mister Martinez," arguing the court's written order made no reference to Rule 15 and made no findings required by that rule. Lundy said Rule 15 permits a deposition "for one purpose and one purpose only, and that is to preserve a witness's testimony for trial," and that the defendant conceded the deposition here was not to preserve…