Free Motion for Discovery - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT ED rrr COPY
DISTRICT OF ARIZONA FP
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LAWRENCE JACKSON Criminal as©$§€;,§P§;*§§@g§gRT
MOVa.Ht,
VS.
Civil Case N0.
UNITED STATES OF AMERICA
Respondent,
MOTION FOR DISCOVERY PURSUANT TO
RULE 6 OF THE FEDERAL RULES GOVERNING § 2255
TO THE HONORABLE JUDGE OF SAID COURT,
Comes now, Lawrence Jackson, movant in pro-se and respectfully
moves this court for an opportunity for discovery to fully develope
the facts of his claims. In support thereof, movant states as
follows:
l. Movant claims that appointed counsel's failure to test
p the DNA found on murder weapon that would have exculpated him
amounted to ineffective assistance of counsel. See Jones v. Woods,
114 F.3d 1002 (9th Cir 1997}.
2. Movant claims that appointed counsel's failure to investigate
and present the testimony of Tracy Jackson, Daniel Juans, and
y Clifford C. Smith amounted to ineffective assistance of counsel.
3. Discovery is necessary to conduct DNA tests on weapon
that will exonerate movant. Tomey v. Gammon, 79 F.3d 693, 780
H (Sth Cir 1996).
i 4. Discovery is also necessary to depose Tracy Jackson, Daniel
Juans, and Clifford C. Smith to support his alibi defense presented
by movant at trial.
Case 2:04-cr—OO358-DGC D0cument134 FiIed10/O1/2007 Page10f2

CONCLUSION
Discovery is essential for movant to develope fully his in-
effective assistance of counsel claims. In particular, the tests
results and deposition of witnesses will establish the prejudice
required to make out such a claim.
Dated on this L? day of 3C¢2igMdSay~ , 2007
Respectfully Submitted
By _ 7éLN é
Laurence Jackson
# 82426-008
U.S. Penitentiary Pollock
P.O. Box 2099
Pollock, Louisiana 7l467
-2-
Case 2:04-cr—OO358-DGC Document 134 Filed 10/O1/2007 Page20f2

Case 2:04-cr-00358-DGC

Document 134

Filed 10/01/2007

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Case 2:04-cr-00358-DGC

Document 134

Filed 10/01/2007

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