DUE PROCESS PROTECTIONS ACT ORDER TO ALL COUNSEL REGARDING BRADY… — United States of America v. Elick (Dkt. 19)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 1:25-cr-00056 · Doc. 19 · 2025-06-03 · Docket on CourtListener

Summary

A Due Process Protections Act order to all counsel regarding Brady obligations, entered June 3, 2025 as Document 19 in United States of America v. April Elick, Criminal No. 1:25-00056, in the U.S. District Court for the Southern District of West Virginia at Bluefield. Citing the Due Process Protections Act and Rule 5(f) of the Federal Rules of Criminal Procedure, the order confirms the obligation to disclose to the defendant all exculpatory evidence, as required by Brady v. Maryland, 373 U.S. 83 (1963), and orders the United States to do so. It warns that untimely disclosure may result in exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action or sanctions. The one-page order directs the Clerk to send copies to counsel of record, the Marshal and the Probation Office, and is signed by Senior Judge David A. Faber.

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Full text

IN THE UNITED STATES DISTRICT COURT 
  
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA  
  
AT BLUEFIELD 
   
  
UNITED STATES OF AMERICA 
 
v.   
  
  
  
  
 
 CRIMINAL NO. 1:25-00056 
  
APRIL ELICK 
   
DUE PROCESS PROTECTIONS ACT ORDER 
TO ALL COUNSEL REGARDING BRADY OBLIGATIONS 
  
In accord with the Due Process Protections Act and Rule 
5(f) of the Federal Rules of Criminal Procedure, this court 
confirms the United States’ obligation to disclose to the 
defendant all exculpatory evidence, that is, evidence that favors 
the defendant or casts doubt on the United States’ case, as 
required by Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, 
and hereby ORDERS the United States to do so.  Failure to disclose 
exculpatory evidence in a timely manner may result in serious 
consequences, including, but not limited to, exclusion of 
evidence, adverse jury instructions, dismissal of charges, 
contempt proceedings, disciplinary action, or sanctions by the 
court. 
    The Clerk is directed to send a copy of this Order to 
counsel of record, the United States Marshal for the Southern 
District of West Virginia, and the Probation Office of this Court.  
IT IS SO ORDERED this 3rd day of June, 2025.  
ENTER:  
David  A.  Faber
Senior United States District Judge
Case 1:25-cr-00056     Document 19     Filed 06/03/25     Page 1 of 1 PageID #: 49

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