Magistrate Judge M. Page Kelley: ORDER entered.… — USA v. Orisca (Dkt. 10)

Record facts

U.S. District Court for the District of Massachusetts · No. 1:24-cr-10378-JEK · Doc. 10 · 2024-12-13 · Docket on CourtListener

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An order pursuant to Rule 5(f) of the Federal Rules of Criminal Procedure in United States v. Christnel Orisca, No. 1:24-cr-10378-JEK, in the U.S. District Court for the District of Massachusetts, signed by Magistrate Judge M. Page Kelley and dated December 13, 2024, filed the same day as Doc. 10. Issued under the Due Process Protections Act, Public Law 116-182, it reminds the United States of its obligation to disclose in a timely manner all exculpatory evidence to the defendant, that is, evidence that is material and favorable or tends to cast doubt on the government's case, citing Brady v. Maryland, 373 U.S. 83 (1963). It states that specific categories of such evidence are set out in Local Rule 116.2. The order lists possible consequences of non-compliance, including reversal of a conviction, exclusion of evidence, adverse jury instructions and sanctions.

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Full text

UNITED STATES DISTRICT COURT
for the
DISTRICT OF MASSACHUSETTS
Criminal Action No. 
1:24−CR−10378−WGY
 USA
v.
CHRISTNEL ORISCA
ORDER PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 5(f)
 M. Page Kelley U.S.M.J.
    Pursuant to the Due Process Protections Act, Public Law 116−182, 134 Sta. 894 (Oct. 21, 2020) and Rule
 5(f) of the Federal Rules of Criminal Procedure, this court issues the following Order.  The United States is
 reminded of its obligation to disclose in a timely manner all exculpatory evidence to the defendant[s], that is,
 all evidence that is material and favorable to the defendant[s] or tends to cast doubt on the United States' case,
 as required by Brady v. Maryland, 373 U.S. 83 (1963), and its progeny.  Specific categories for exculpatory
 evidence that must be provided to the defense are set out in Local Rule 116.2.  The failure to comply with this
 Order may result in consequences including, but not limited to, the reversal of any conviction, the exclusion of
 evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action, and/or
 sanctions by the court.
/s/ − M. Page Kelley
Dated:   December 13, 2024
UNITED STATES MAGISTRATE JUDGE
Case 1:24-cr-10378-JEK     Document 10     Filed 12/13/24     Page 1 of 1

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