Court filing

Order Pursuant to the Due Process Protections Act as to Charles Hill, IV — USA v. Thomas et al. (Dkt. 189, N.D. Ga.)

Summary

A magistrate's criminal minutes form for arraignment, plea and sentence, with an Order Pursuant to the Due Process Protections Act, filed July 19, 2021 as Dkt. 189 in USA v. Thomas et al., Case 1:20-cr-00296-JPB-CMS (N.D. Ga.). The form names Charles Hill, IV as defendant, Alan J. Baverman as presiding magistrate and Akil Secret as defendant's attorney, with a time of 2:12 pm, and notes the Due Process Protection Act warning to the government's counsel. The order directs the government to adhere to its disclosure obligations under Brady v. Maryland and to provide materials arguably favorable to the defendant. It states that exculpatory material shall be provided sufficiently in advance of trial, and that failure to comply may result in consequences including suppression or exclusion of evidence and dismissal of some or all counts.

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Filed July 19, 2021 in USA v. Thomas et al.; one of 541 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of Georgia
Filed	2021-07-19

Cite this document

“Order Pursuant to the Due Process Protections Act as to Charles Hill, IV — USA v. Thomas et al. (Dkt. 189, N.D. Ga.).” U.S. District Court for the Northern District of Georgia, No. 1:20-cr-00296-JPB-CMS, Doc. 189, filed 2021-07-19. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-charles-hill-iv-gand-292225/2021-07-19-gov-uscourts-gand-292225-189-0-doc-189/, SHA-256 1ac8f36575760fd95117a2b9f2142c18c4e5be0a92886529b4868534386c13fd.

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Full text

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Case 1:20-cr-00296-JPB-CMS Document189 _ Filed 07/19/21 Page1of2
MPSSiSTRATE’S CRIMINAL MINUTES

ARRAIGNMENT
PLEA AND SENTENCE

ORIGINAL

Time in Court: Hrs. 19 Mins.
Filed in Open Court | Date: 7/19/2021 Time: | 2:12 pm Tape: FTR
Magistrate (presiding):_Alan J. Baverman Deputy Clerk: Lisa Enix
Case Number: 1:20-cr-296 Defendant’s Name: Charles Hill, IV — le
AUSA: Nathan Kitchens/Tal Chaiken Defendant’s Attorney: Akil Secret
USPO/PTR: A. Watson via phone Type of Counsel: FDP
INTERPRETER:
INITIAL APPEARANCE HEARING: (__) In This District Dft in custody? ( )Yes ( )No

Due Process Protection Act Warning Given to Government’s
Counsel. Order on page 2.

Defendant advised of right to counsel. (_ ) WIAVER OF COUNSEL FILED.

D4 ORDER appointing Federal Defender Program as counsel. (_ ) INITIAL APPEARANCE ONLY

ORDER appointing as counsel.

ORDER giving defendant days to employ counsel.

Dft to pay attorney fees as follows:

INFORMATION/INDICTMENT FILED () WAIVER OF INDICTMENT FILED

X_ | Copy information/indictment give to dft(X )Yes ( )No Read to dft? (_) Yes (X )no

CONSENT TO TRIAL BEFORE MAGISTRATE (Misd/Petty) offense filed.

X | ARRAIGNMENT HELD (_) Superseding Indictment ( ) Dft’s WAIVER of appearance filed.
Arraignment continued to @ Request of ( ) Govt ( )Dft
Dft failed to appear arraignment Bench Warrant Issued:

X | Dft enters PLEA OF NOT GUILTY. ( ) Dft stood mute; plea of Not Guilty entered. ( ) Waiver of appearance

PLEA OF GUILTY/NOLO as to counts

X_ | ASSIGNED to District Judge Judge Boulee (X )trial ( ) arraignment/sentence

X_ | ASSIGNED to Magistrate Judge Judge Baverman for pretrial proceedings.

xX Estimated trial time: Medium
Case 1:20-cr-00296-JPB-CMS Document189_ Filed 07/19/21 Page 2 of 2

. ne —Pg.2 CASE NO. 1:20-cr-296-JPB-AJB-16

CONSENT TO PRE-SENTENTCE INVESTIGATION filed. Referred to USPO for PSI and continued

until at for sentencing.

Government’s MOTION FOR DETENTION filed. Hearing set for

Temporary commitment issued. Dft remanded to custody of U.S. Marshal Services

BOND/PRETRIAL DETENTION HEARINGS

PRETRIAL DETENTION HEARING HELD.

X | BOND HEARING HELD.

GOVERNMENT’S MOTION FOR DETENTION (_ ) GRANTED ( ) DENIED ( ) WITHDRAWN

WRITTEN ORDER TO FOLLOW.

HEARING HELD on motion for reduction / modification of bond.

MOTION FOR REDUCTION OF BOND / MODIFICATION OF BOND( )GRANTED ( ) DENIED

WRITTEN ORDER TO FOLLOW.

X | BOND SET ATS 10,000

X | NON-SURETY

SURETY ( )Cash ( ) Property ( ) Corporate Surety

SPECIAL CONDITIONS:

X | BOND FILED; DEFENDANT RELEASE.

BOND NOT EXCUTED. DEFENDANT TO REMAIL IN MARSHAL’S CUSTODY.

WITNESSES:

EXHBITS:

x | Order
Pursuant to the Due Process Protections Act, see Fed. R. Crim. P. 5(f), the government is directed
to adhere to the disclosure obligations set forth in Brady v. Maryland, 373 U.S. 83 (1963), and its progeny,
and to provide all materials and information that are arguably favorable to the defendant in compliance
with its obligations under Brady; Giglio v. United States, 405 U.S. 150 (1972); and their progeny.
Exculpatory material as defined in Brady and Kyles v. Whitley, 514 U.S. 419, 434 (1995), shall be
provided sufficiently in advance of trial to allow a defendant to use it effectively, and exculpatory
information is not limited to information that would constitute admissible evidence.

The failure of the government to comply with its Brady obligations in a timely manner may
result in serious consequences, including, but not limited to, the suppression or exclusion of evidence,
the dismissal of some or all counts, adverse jury instructions, contempt proceedings, or other remedies
that are just under the circumstances.

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