C-25659 NT OF APPEARANCE, EMERGENCY MOTION, DEFENSE MTNS IN THE CRIMINAL COURT FOR BLOUNT COUNTY, TENNESSEE
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STATE OF TENNESSEE, )
Plaintiff. ) Df�C 2 1 202? �
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v. ) No. C25659
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STEVEN RAY TALLENT, )
Defendant. )
NOTICE OF ENTRY OF APPEARANCE OF COUNSEL,
EMERGENCY MOTION FOR MEDICAL CARE,
AND DEFENSE MOTIONS
COMES NOW, Defendant Steven Ray Tallent, by and through his chosen Attorney
Douglas P. Nanney, who files this, his Notice of Entry of Appearance of Counsel, Emergency
Motion for Medical Care, and Defense Motions, and would show the following facts, to-wit:
1.) Attorney Douglas P.Nanney does hereby to enter his appearance in this Court on behalf
of Defendant Steven Ray Tallent in all of his criminal legal matters.
EMERGENCY MOTION FOR MEDICAL CARE
1.) Your Defendant is suffering from a life-threatening strangulated hernia and also from
a possibly cancerous growth on his scrotum, for which emergency medical care is
sought.
2.) On or about the October of 2021, Defendant had a hernia pop out of his navel area,
such that he had to poke it back in with his finger. Said strangulated hernia causes
Defendant significant pain and his blood pressure on or about December 20, 2021 was
recorded by the Jail Nurse at 158/110 and at 163/120. Every time Defendant coughs,
the hernia pops out and he has to poke it back in with his finger. Defendant has lost
between 15 to 20 pounds since the occurrence of this hernia. Defendant has reported
this medical issue to the medical staff reputedly and he was advised that he would need
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to obtain a Court Order to be seen at Blount Memorial Hospital,even though Defendant
has Cigna medical health insurance coverage.
3.) Also, Defendant has a familial history of testicular and prostate cancer. He has had a
large growth upon his scrotum since 2019. It was discovered when he was in prison
and was supposed to be treated at the prison but it was not treated. Defendant's Priinary
Care Physician, Dr. Gary Gibson of Meridian, Mississippi, advised Defendant that he
needed to be examined by a physician and that this growth needed to be biopsied. The
medical officers in the jail have declined to provide medical treahnent for said growth.
DEFENSE MOTIONS
COMES NOW the Defendant, by and through counsel, and files these Defense Motions.
Defendant Steven Ray Tallent respectfully requests, pursuant to the authorities cited
below,that the District Attorney General far the State of Tennessee provide the following
information which the Defendant contends is material to the preparation of his defense.
MOTION FOR DISCOVERY, INSPECTION,
AND NOTICE OF INTENTION TO USE EVIDENCE
COMES NOW, Defendant and pursuant to the Tennessee Rules of Criminal Procedure;
Article I, Section 8 of the Tennessee Constitution; the Due Process Clause of the Fourteenth
Amendment of the United States Constitution; the A.B.A. Standards for Discovery, Sections 2.1-
2.4, and in accordance with the case law interpreting these provisions, respectfully moves this
Court for an Order requiring the District Attorney General and/or his agents to provide certain
information material to the preparation of the Defendant's case in the above-captioned cause and
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to comply with the requests below. This motion, however, is not meant to be an e�austive list
of all of the information to which Mr. Tallent is entitled.
For the purposes of this request, Defendant defines the "State of Tennessee" (hereinafter
"the State")to include,but not be limited to, the Office of the District Attorney General,
Department of Children's Services, all law enforcement officers of Blount County, Tennessee,
the State Department of Human Services, every School District having dociunents or things
pertaining to this case, each police department and each sheriff's office, the Tennessee Highway
Patrol, the Tennessee Bureau of Investigation, and the Federal Bureau of Investigation, any
agents or employees of those offices, any other law enforcement officer, and any other person
acting in conjunction with, or on behalf of, the District Attorney General or any state or local law
enforcement agency.
Defendant defines the request to include items currently within the actual or constructive
possession, custody, control, or knowledge of the State of Tennessee, and items which may
become known, identified, or available through the exercise of due diligence by the State. See,
generally, Tennessee Rules of Criminal Procedure (hereinafter, cited as "Rule"} 16;Kvles v.
Whitley, 514 U.S. 419 (1995); State v. Brown, 552 S.W.2d 383 (Tenn. 1977); ABA Standards,
Discovery Section, 11-2.1, 11-3.2, 11-4.1, and 11-4.3.
The following is requested:
(1) Statements of Defendant.
(a) Any written, recorded, or transcribed verbatim statement, any confession or
admission against interest made by the Defendant, any written interpretations or summaries of
statements made by the Defendant, or any memorandum of an interview even though not
verbatim and not signed by the Defendant, any handwritten notes of an interrogation of the
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Defendant, and the names and addresses of any witnesses to such statements. Rule 16(a)(1)(A),
(B); State v. Jenkins, 859 S.W.2d 364, 365 (Tenn. Crim. App. 1993); State v. Delk, 692 S.W.2d
431, 436 (Tenn. Cr. App. 1985); ABA Standards,Discovery Section 11-2.1(a)(i).
(b) The substance of any oral statement, confession, or admission against interest made
by the Defendant (before or after arrest)to law enforcement officials or persons acting on behalf
of or in concert with said officials. Any report, notes, or memoranda that reflect or summarize
the substance of these statements and the names and addresses of witnesses to these statements.
Rule 16(a)(1)(A); State v. Jenkins, 859 S.W.2d 364, 365 (Tenn. Cr. App. 1993); State v. Delk,
692 S.W.2d 431, 436 (Tenn. Cr. App. 1985); ABA Standards, Discovery Section 11-2.1(a)(I}.
(c) Any recorded testimony of the Defendant before a grand jury which relates to the
offenses charged. Rule 16(a)(1)(A).
(2) Defendant's prior record.
A copy of Defendant's prior record, if any. Rule 16(a)(1)(B).
(3) Documents and tan�ible obiects.
(a) That the Defendant,through counsel,be allowed to inspect and copy or photograph
all books, papers, documents, photographs, tangible objects, buildings or places, or copies or
portions thereof, which are in the possession, custody, or control of the State and which are
intended for use by the State as evidence at the trial ofthis cause. Rule 16(a)(1)(C); ABA
Standards,Discovery Section 11-2.1(a)(v).
(b) That the Defendant, through counsel,be allowed to inspect and copy or photograph
all books, papers, photographs, documents, tangible objects, buildings or places, or copies or
portions thereof, which are within the possession, custody, or control of the State and which are
material to the preparation of the defense in this matter. Rule 16(a)(1)(C); ABA Standards,
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Discovery Section 11-2.1(a)(viii). This request includes all mental health and health records of
the victim.
(c) That the Defendant,through counsel,be allowed to inspect and copy or photograph
all books, papers, docwnents, photographs,tangible objects, buildings or places, or copies
thereof, which are in the possession, custody or control of the State and which were obtained
from or belonged to the Defendant. ABA Standards, Discovery Section 11-2.1(a)(v).
(d) The items requested herein specifically include,but are not limited to:
l. Any tapes and/or electronic recordings, audio and/or video, taken or made
in connection with this investigation.
2. Any items seized from the Defendant's possession.
3. The defense requests an opportunity to inspect and photograph the
location where these offenses and/or violations allegedly occurred and the
surrounding areas.
4. Reports of any fingerprint,blood, DNA, hair, or fiber analysis performed
in connection with this case.
5. Reports of any forensic testing.
6. Any photographs taken by law enforceinent or other state agencies.
7. Reports of any other tests performed in this case.
(e) The items requested herein specifically include but are not limited to any and all
items obtained, seized, or subpoenaed in the course of this investigation which the State does not
intend to use in its case in chief. The State's decision not to use arguably relevant material
creates the inference that it is passively ar actively helpful to the accused. Cf. Rule 16; 2
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Wigmore,Evidence, §§ 285, 286 (Chadburn rev. 1979); United States v. Burton, 525 F.2d 17 (2d
Cir. 1975).
(4) Reports of examinations and tests.
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(a} That the Defendant, through counsel, be allowed to inspect and copy or photograph
any results or reports of physical or mental examinations, scientific tests or experiments, or
copies thereof, which are within the possession, custody, or control of the State and which the
State intends to use as evidence in chief at trial. The laboratory notes, work sheets, equipment
printouts, and other data made during or subsequent to said tests, which form the basis of expert
conclusions. Rule 16(a)(1)(D); ABA Standards, Discovery Section 11-21(aj(iv).
(b) That the Defendant, through counsel,be altowed to inspect and copy or photograph
any results or reports of physical or mental examinations, scientific tests or experiments, or
copies thereof, which are within the possession, custody, or control of the State, and which are
material to the preparation of the defense. The laboratory notes, work sheets, equipment
printouts, and other data made during or subsequent to said tests, which fonn the basis of expert
conclusions. Rule 16(a}(1}(D); State v. Benson, 645 S.W.Zd 423 (Tenn. Cr. App. 1983); State v.
Gaddis, 530 S.W.2d 64 (Tenn. 1975); ABA Standards, Discovery Section 11-2.1(a)(iv).
(c) The nature and extent of any mental or physical infirmity or results or reports of any
mental or physical infirmity of the alieged victim and of any witness the State intends to cali at
trial. Mental or physicai infirmities inciude, but are not limited to,those conditions which would
affect the witness` ability to perceive, see, hear, understand, or otherwise affect a witness' ability
to testify. State v. Butts, 640 S.W.2d 77 (Teru1. Cr. App. 1982); State v. Brown, 552 S.W.2d 383
(Tenn. 1977).
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(d) The items requested herein specifically include, but are not limited to:
1. Any results of fingerprint analysis, fiber analysis, blood analysis, hair
analysis, DNA testing, weapons testing, or other similar scientific testing;
2. Any results of polygraph examinations;
3. Any forensic accounting summaries or reports.
(5) Names and addresses of state's witnesses.
A list of the names and current addresses of all persons known to have information
concerning the offense charged. A list of all persons the State intends to call to testify, if they
are not already listed upon the indretment. T.C.A. § 40-13-107, T.C.A. § 40-17-106; State v.
Aldrid�e, 470 S.W.2d 42 (Tenn. Cr. App. 1971); McBee v. State, 213 Tenn. 15, 372 S.W.2d 173
(1963); ABA Standards, Discovery Section, 11-2.1(a)(ii).
(6) Statements of witnesses not to be called.
The written, recorded, or substance of statements, notes, memoranda, or reports, of
individuals the State does not plan to cail as witnesses but who were interviewed about this case
by the State. Disciosure of these statements will materiaily assist the Defendant in triai
preparation, will not unfairly jeopardize the State's case, and is required to insure the exercise of
the Defendant's due process rights. See Rule 16(a)(1)(C). See enerally,United States v.
Perkins, 383 F. Supp. 922, 930 (W.D. Ohio 1974); Tennessee Code of Professional
Responsibility; 8 Moore's Federal Practice § 16.05(4).
(7) Police reports and witness statements.
(a)Any police reports and witness statements that contain the Defendant's prior record,
Defendant's statement, or the results of any field tests or examinations. State v. Robinson, 618
S.W.2d 754 (Tenn. Cr. App. 1981).
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(b) The statements and reports of any witness after the witness testifies. The statement
and reports are to be provided outside the presence of the jury. Rule 26.2.
(8) Notification of persons present at time of offense.
The names and addresses of all persons known to the District Attorney or other law
enforcement officers to have been present at the time and place of the alleged offense. Roviaro
v. United States, 353 U.S. 53, 77 (1957); See Roberts v. State, 489 S.W.2d 263 (Tenn. Cr. App.
1972).
(9) Disclosure of iuror information.
Any information compiled by the District Attorney about any prospective juror. This
information includes, but is not limited to arrest or conviction records of prospective jurors.
(10) Disclosure of identification procedure.
In the event the State intends to offer "eye witness identification testimony," the
Defendant,through counsel, should be informed if any such witness has been asked to make any
pretrial extrajudicial identification of the Defendant, whether by means of an on-the-scene
identification, a"show-up identification", a live line-up, a photographic spread, or other type of
confrontation. In the event such an e�rajudicial identification has taken place,the Defendant
requests the date of such identifications and the names of all persons present at the identi�cation.
If such identification occurred as a result of a line-up, show-up or photographic identification,
the Defendant requests the names and addresses of all persons attending and all persons who
may have appeared in such line-up or photo-spread with the Defendant, as well as any written
memorandum or documentation including but not limited to the photographs taken or used in the
identification process. Rule 12(d)(2) and 16(a)(1)(C); State v. Frazier, 683 S.W.2d 346 (Tenn.
Cr. App. 1984).
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(11) Request for disclosure of state's evidence in chief.
That the District Attorney disclose its intention to use, in the State's case in chief at trial,
all materials subject to discovery by this request. Rule 12(d}(2).
(12) Opinion Testimonv.
Notice of whether the State intends to rely upon any opinion testimony, either by lay
witnesses or by experts, and the facts or data upon which such witnesses will base their opinions.
The Defendant requests that this disclosure include but not be limited to all periodicals,treatises,
inter-departmental reports, intra-departmental reports, documents, and reviews considered or
relied upon by any person who is to testify as an expert.
Disclosure of such intent is sought pursuant to the Sth and 6th Amendments to the United
States Constitution, Article 1, Section 9 of the Tennessee Constitution, and Rule 12.
(13) Business records.
Any and all documents upon which the State intends to rely; the admissibility of which it
will contend rests on Tenn. R. Evd. 803(6).
Disclosure of such documents is required in order to protect the Defendant's rights under
the Sth and 6th Amendments to the United States Constitution and Article l, Section 9 of the
Tennessee Constitution.
(14) Statement of unavailable declarants.
Any and all statements the State will seek to admit into evidence upon the theory that the
declarant is unavailable as well as whether it intends to rely upon the former testimony of such
declarant.
Disclosure of such statements and information is required in order to protect the
Defendant's rights under the Sth and 6th Ainendments to the United States Constitution and
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Article 1, Section 9 of the Tennessee Constitution. Crawford v. Washin on, 541 U.S. 36
(2004).
(15) Claimed other crimes,wron�s, or acts.
Whether the State will attempt to rely upon any other crimes, wrongs, ar acts alleged to
have been committed or performed by the Defendant in an effort to show proof of motive,
opportunity, intent, preparation, planning,knowledge, identity, or absence of mistake or
accident. Tenn. R. Evd. 404 (b).
This disclosure is necessary in order to permit counsel for the Defendant to provide
effective representation and otherwise protect his rights under the Sth and 6th Amendments to
the United States Constitutian and Article l, Section 9 of the Tennessee Constitution.
(16) The requests in this motion are continuous throughout all proceedings in this cause.
PREMISES CONSIDERED, Mr. Tallent requests that the State respond as follows:
(a) That the State respond to each and every request as soon as possible but no later than
30 days prior to the scheduled hearing of this cause in order to allow Defendant an opportunity to
file, amend, and amplify necessary motions based upon information and evidence which, to date,
has not been provided to him; ,
(b} That under the provisions of Rule 16(c), Tennessee Rules of Criminal Procedure, the
State continues to disclose all requested materials which come into its possession after the receipt
of this request and up until the end of trial.
(c) Should the State be of the opinion that any information requested herein is either not
discoverable pursuant to the authorities provided, is privileged, or is not relevant to these
proceedings,then the State should acknowledge the existence of the information requested, cite
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its authorities for refusing to answer each such request, and produce the information under seal
for an in camera inspectaon by the Court. Rule 16(d)(1).
MOTION FOR NOTICE OF INTENTION TO USE EVIDENCE
The Defendant moves this Court pursuant to Rule 12(d)(2) of the Tennessee Rules of
Crifninccl Procedure, for notice of the State's intention to use evidence so that the Defendant may
have an opportunity to move to suppress such evidence; pursuant to Tennessee Rules ofEvidence
609(a)(3) for written notice of State's intention to impeach the Defendant's testimony with prior
convictions and what convictions they will use, and further,pursuant to Tenne.ssee Rules of
Evidence 404(b)evidence of other crimes, wrongs, or acts the State intends to use against the
Defendant.
MOTION FOR PRETRIAL WRITTEN DISCLOSURE OF EVIDENCE OF
OTHER CRIMES,WRONGS, OR ACTS,AND FOR PRETRIAL HEARING IN
THE ADMISSISII,ITY OF SUCH EVIDENCE
The Defendant moves this Court pursuant to Rule 12(a) of the 7'ennessee Rule.s of
Criminal�'rocedure and Rule 404(b) of the Tennessee Rules of Evidence, for appropriate relief
to require the State to disclose pretrial, in writing, any evidence of any crimes, wrongs, or acts
intended or contemplated for use at trial against the Defendant. Further, pursuant to Rule
404(b}(1}of the Tennessee Rules ofEvidence, the Defendant moves for a pretrial hearing to
determine the admissibility of any such evidence sought to be offered by the prosecution.
MOTION FOR PRETRIAL WRITTEN NOTICE OF ANY REPUTATION OR
OPINION EVIDENCE OF CHARACTER RELATING TO THE ACCUSED
The Defendant moves this Court pursuant to Rule 608(a) of the 7'ennessee Rules of
Evidence, and requests pretrial written notice by the State of any reputation or opinion evidence
of the Defendant's character that the State contemplates or intends to use for the purpose of
attacking or supporting the credibility of the Defendant. Further, pursuant to Rule 404(b)(1) of
it
the Tennessee Rules ofEvidence,the Defendant moves for a pretrial hearing to determine the
admissibility of any such evidence sought to be offered by the prosecution.
MOTION TO COMPEL WRITTEN REPONSES
TO DEFENDANT'S MOTIONS
Defendant Steven Ray Tallent moves this Court to enter an Order requiring the State of
Tennessee to respond in writing to each of the motion filed befare this Court by the Defendant.
The Defendant submits that in arder for the Court to fully and efficiently address the merits of
these motions, a written response from the State should be required.
The Defendant further requests that the District Attorney General promptly respond to
this request, and also invokes the continuing disclosure provisions of Rule 16(c), T.R.Crim.P.
Respectfully submitted on this, the 21 day of December, 2021�
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���� ~ 4 DOUGLAS P. NANNEY,BPR#021957
ATTORNEY FOR DEFENDANT
Nanney Law Office
1501 Boyd Street
Knoxville, Tennessee 37921
(865)228-0412
CERTIFICATE OF SERVICE
THE UNDERSIGNED ATTORNEY does hereby certify that he has on this day mailed, via First
Class United State Mail, postage prepaid, and/or delivered by in-hand sez-vice a true and conect
copy of the above and foregoing document to the Hon. District Atto�-ney General, at 942 East
Lamar Alexander Parkway,Maryville, Tennessee 37804. F
SO CERTIFIED on this, the 21 day of December, 2021.
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Douglas P. Nanney
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