Court filing
Motion for Disclosure of Sealed Plea Agreements and PSRs with Brief — USA v. Thomas et al. (Dkt. 779, N.D. Ga.)
Filed December 26, 2023 in USA v. Thomas et al.; one of 81 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2023-12-26 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 779 · 2023-12-26 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES )
)
v. )
)
INDICTMENT NO.
CARLA JACKSON,
)
1:20-CR-00296-JPB-CMS-05
Defendant
)
______________________________ )
MOTION FOR DISCLOSURE OF GOVERNMENT COOPERATING
WITNESSES’ SEALED PLEA AGREEMENTS AND PRESENTENCE
INVESTIGATION REPORTS TO DEFENDANT
COME NOW Defendant CARLA JACKSON, by and through
undersigned counsel, and hereby moves the Court to order the unsealing of
certain co-defendants’ (cooperating witnesses’) plea agreements and the
disclosure of such plea agreements to undersigned counsel, as well as the
disclosure of certain cooperating witnesses’ presentence investigation
reports (“PSR’s”) to undersigned counsel. In support thereof, Defendant
states as follows:
1.
The Court has scheduled Defendant’s case for jury trial on
Monday, February 5, 2024. It is anticipated that the Government will call
during its case-in-chief certain “cooperating” witnesses to testify against
Defendants at trial. The names of the specific cooperating witnesses to be
Case 1:20-cr-00296-JPB-CMS Document 779 Filed 12/26/23 Page 1 of 4
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called to testify have not – as yet – been disclosed to undersigned counsel.
Certain co-defendants or defendants have entered guilty pleas before the
Court where the plea agreements, on information and belief, have been
ordered by the Court to be filed under seal.
2.
So that Defendant may properly prepare her defense to the testimony
of these potential (as-yet unnamed) cooperating witnesses, Defendant
requests that the Court order the unsealing and disclosure to Defendant Carla
Jackson and her attorney of any such sealed plea agreements. Defendant
further requests that the Court order the disclosure of any cooperating
witnesses’ presentence investigation reports (“PSR”) to undersigned counsel
so that any possible exculpatory and/or impeachable information be made
available to defense counsel for Defendant’s use during trial.
3.
Impeachment of a witness during trial has generally been regarded as
meeting the “compelling needs” test addressed in other Circuits when
determining whether PSR’s should be disclosed to third parties. See, e.g.,
United States v. Corbitt, 879 F.2d 224, 239-40 (7th Cir. 1989); see also
United States v. Gomez, 323 F.3d 1305, 1307-1308 (11th Cir. 2003)
Case 1:20-cr-00296-JPB-CMS Document 779 Filed 12/26/23 Page 2 of 4
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(discussing Corbitt 7th Circuit case, supra, and “compelling needs” test for
PSR disclosure). An in-camera inspection of the requested PSR is normally
conducted by the Court before disclosure. Id.
3.
WHEREFORE, because the sealed plea agreements and PSR’s of
anticipated Government cooperating witnesses could possibly provide
exculpatory and impeachment evidence for her use during jury trial,
Defendant requests that the Court order the unsealing of such plea
agreements (and disclosure to Defendant) and the disclosure to Defendant of
any cooperating witness’ PSR for use at her trial.
Respectfully submitted this 26th day of December, 2023.
/s/ David D. Marshall
David D. Marshall
Attorney for Defendant
Georgia Bar No. 471517
2550 Sandy Plains Road
Suite 225 PMB 349
Marietta, Georgia 30066
(404) 213-1358 (phone)
ddmarshall98@gmail.com
CERTIFICATE OF SERVICE
This is to certify that the foregoing was formatted in 14-point Times
Roman, in accordance with Local Rule 5.1C, and was electronically filed
Case 1:20-cr-00296-JPB-CMS Document 779 Filed 12/26/23 Page 3 of 4
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this day with the Clerk of Court using the CM/ECF system, which will
automatically send email notification of such filing to the following:
All defense counsel; All AUSA’s of record
This 26th day of December, 2023.
/s/ David D. Marshall
David D. Marshall
Attorney for Defendant
Georgia Bar No. 471517
2550 Sandy Plains Road
Suite 225 PMB 349
Marietta, Georgia 30066
(404) 213-1358 (phone)
ddmarshall98@gmail.com
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