After a conviction is final, the only effective way to hold the prosecution accountable for failing to disclose exculpatory evidence is through filing an 11.07 writ application in accordance with the Texas Code of Criminal Procedure.
But public disclosure laws make the investigation of prosecutorial misconduct difficult. Specifically, the Texas public disclosure statute allows District Attorney Offices to withhold prosecutor “work product” from defense attorneys who make written request to review the State’s file.
The State relies on this “work product exception” to remove all prosecutor notes, internal memoranda, emails from law enforcement, trial preparation documents, and court notes (to name just a few commonly-withheld items) from a defense attorney’s review. The result is that defense attorneys can’t see the very documents most likely to contain “Brady” material (i.e. potentially exculpatory evidence), or documents that at least reveal misbehavior on the part of law enforcement.