DUE PROCESS PROTECTIONS ACT ORDER TO ALL COUNSEL REGARDING BRADY… — United States of America v. Butler (Dkt. 16)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00161 · Doc. 16 · 2022-09-01 · Docket on CourtListener

Summary

A Due Process Protections Act order to all counsel regarding Brady obligations in United States of America v. Calvin Butler, Case No.: 2:22-cr-00161, in the U.S. District Court for the Southern District of West Virginia, Charleston Division, entered September 1, 2022 as Document 16. In accord with the Due Process Protections Act and Rule 5(f) of the Federal Rules of Criminal Procedure, it confirms and orders the United States' obligation to disclose to the defendant all exculpatory evidence, as required by Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. It states that failure to disclose in a timely manner may result in serious consequences, including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action or sanctions by the Court. The one-page order directs the Clerk of Court to transmit copies to all counsel of record.

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Full text

IN THE UNITED STATES DISTRICT COURT  
FOR THE SOUTHERN DISTRICT OF WEST  VIRGINIA 
CHARLESTON DIVISION 
 
 
UNITED STATES OF AMERICA 
 
v.                                   
 
 
 
 
Case No.: 2:22-cr-00161 
 
CALVIN BUTLER 
 
 
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 of Court is DIRECTED to transmit copies of this Order to all counsel of 
record herein. 
ENTER:  September 1, 2022 
 
Case 2:22-cr-00161     Document 16     Filed 09/01/22     Page 1 of 1 PageID #: 52

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