Order (Brady/Due Process Protections Act order) — United States v. Grant (S.D. W. Va.)

Summary

Document 5, a two-page Order dated July 19, 2024 in the Southern District of West Virginia at Charleston, Criminal Action No. 2:24-00113, United States of America v. Christopher Grant. Citing the Due Process Protections Act and Rule 5(f) of the Federal Rules of Criminal Procedure, it confirms and orders the government's duty under Brady v. Maryland to disclose all exculpatory evidence to the defendant. It warns that late disclosure may bring consequences including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action or sanctions. Defense counsel must discuss the order with the defendant and be ready to confirm at the next hearing that this was done, and the Clerk is to send copies to the defendant, counsel, the Probation Department and the U.S. Marshal.

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Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF WEST VIRGINIA 
AT CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
CRIMINAL ACTION NO. 2:24-00113 
 
 
CHRISTOPHER GRANT 
 
 
O R D E R 
 
 
 
 
The court advises the defendant as follows.  
 
In accord with the Due Process Protections Act and  
Rule 5(f) of the Federal Rules of Criminal Procedure, the 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 court directs counsel for the defendant to discuss 
thoroughly with the defendant the contents of this order and be 
Case 2:24-cr-00113     Document 5     Filed 07/19/24     Page 1 of 2 PageID #: 7

2 
 
prepared to state to the court that counsel has done so at the 
next hearing herein. 
 
 
 
The Clerk is directed to forward copies of this order 
to the defendant, all counsel of record, the United States 
Probation Department, and the United States Marshal. 
 
 
 
 
 
 
 
 
DATED:  July 19, 2024 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00113     Document 5     Filed 07/19/24     Page 2 of 2 PageID #: 8

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