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Court pushes discovery and subpoenas after limited responses; juvenile records issue directed to juvenile court
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Summary
Defense attorneys said subpoenas to a high school and other entities were not fully complied with; the judge set a June 23 discovery hearing and directed defense to seek juvenile-records access in juvenile court under Texas Family Code §58.007 where appropriate.
Defense counsel told the court that subpoenas issued to a high school and other entities in an aggravated-assault matter returned incomplete material, and the court set a new discovery date while advising counsel on options to compel production.
At a discovery/status conference the defense said it had issued two rounds of subpoenas and would need a third to obtain photos and disciplinary records it believes are relevant. The prosecutor acknowledged some materials had been produced but not all, and both sides discussed issuing additional subpoenas or filing a motion to compel. Judge Boyd set a hearing for June 23 and warned counsel that if they lacked specific material on that date they should ensure witnesses are subpoenaed to appear; the court said the next setting would become a plea-deadline date unless evidence is shown.
Separately, counsel asked about obtaining juvenile-related materials that might be in juvenile prosecutors’ files. A prosecutor explained that juvenile prosecutor records are governed by the Texas Family Code and are not generally released to defense counsel without the juvenile court’s order. The court cited the family-code provision and directed defense counsel to seek the records from the juvenile court of proper jurisdiction (Judge Shaw in the record) and to subpoena officers or witnesses as needed to establish what should be released.
Why it matters: Defense counsel said some subpoenas returned incomplete responses and that evidence — including school disciplinary records and photos — could be material to trial preparation. The court emphasized the procedural route: subpoena witnesses, file a motion to compel, or seek juvenile records via juvenile court where Family Code protections apply.
What the court ordered and next steps: The court set a new discovery/processing date (June 23) and advised defense to subpoena witnesses or schedule a motion to compel if production was not complete. For juvenile materials the court noted Texas Family Code §58.007 governs access and recommended counsel present any request to the juvenile court for release; the state said its response to a judicial request would depend on the specific motion filed.
