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What is Gaskin?

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In a Discovery Order it stated that offense reports and witness statements are normally work product of the State and therefore protected from mandatory disclosure unless contents are exculpatory. Such statements and reports must, of course, be tendered to the Defense for cross-examination on proper request under Gaskin or related requirements.

What is Gaskin?
 


JETX

Senior Member
What is Gaskin?
The 'Gaskin rule' provides that when a States witness has made a report or has given a statement prior to testifying, the defendant, after a timely request, is entitled to inspect and use such prior available report or statement for cross-examination and impeachment purposes, even though the witness may not have used the instrument to refresh his memory.

"Under Gaskin [Gaskin v. State, 172 Tex. Crim. 7, 9-10, 353 S.W.2d 467, 469-70 (1962)], the State was required to produce a witness's written statement to the defense at the conclusion of the witness's direct testimony.

See Rule 615 at:
http://www.courts.state.tx.us/rules/tre/tre-all-010107.htm#RULE615
 

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