Court filing
Criminal Complaint — United States v. Maurice Fayne (Dkt. 61, N.D. Ga. No. 1:20-cr-00228, GAND 278523)
Filed August 12, 2020 in United States v. Maurice Fayne related docket; one of 163 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2020-08-12 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 61 · 2020-08-12 · Docket on CourtListener
Full text
FILED IN CHAMBERS U.S.D.C--Atlanta IN THE UNITED STATES DISTRICT COURT AUG 1 2 2020 NORTHERN DISTRICT OF GEORGIA JAMES NWTTEN cierk ATLANTA DIVISION By ^ UNITED STATES OF AMERICA Plaintiff, CRIMINAL ACTION V. MAURICE FAYNE, FICTITIOUS DEFENDANT Defendant, CASE NO. 1:20-CR-228 CASE NOs. 1:20-MJ-370, 364, 361, 360, 355 and 1:20-MC-833, 1:20-CR-228-MHC-JKL, 1:20-CR-228-MHC-JKL MOTION FOR DISCOVERY AND MOTION TO COMPEL DEMAND FOR SPECIFIC DISCOVERY COMES NOWfayne, marurice johnson el, real party in interest, a Moor American National, but not a citizen of the UNITED STATES demands specific discovery Under THE CONSTITUTION OF THE UNITED STATES OF AMERICA. 1. The search and seizure warrant as specifically required and outlined in detailed in THE CONSTITUTION OF THE UNITED STATES OF AMERICA 4TH AMENDMENT. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, Case 1:20-cr-00228-MHC-JKL Document 61 Filed 08/12/20 Page 1 of 7 supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 2. The arrest warrant as specifically required and outlined in detailed in THE CONSTITUTION OF THE UNITED STATES OF AMERICA 4TH AMENDMENT. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized 3. Dash Cam, Body Cam and all recording devices audio and video related to the above mentioned case. 4. Electronic communications i.e. (email(s), text messages, records of phone calls by cell phones, wiretaps, wiretap warrant, internal land lines related to the above mentioned case. 5. List of names of all Law Enforcement officers, including Federal, State and local involved, directly or indirectly with the above mentioned case. 6. Complaint records of all law enforcement involved with the above mentioned case. Case 1:20-cr-00228-MHC-JKL Document 61 Filed 08/12/20 Page 2 of 7 7. Statements of all witnesses involved, directly or indirectly involved with the above mentioned case. 8. Bill of Particulars from the Grand Jury 9. The signed Affidavit under oath that accompanied the search and seizure warrant. 10. The signed Affidavit under oath that accompanied the arrest warrant. 11. The signed Affidavit under oath that accompanied the original criminal complaint. 12. Grand Jury testimony of all jurors. 13. Field notes of all Agents of the United States involved at the time of indictment. 14. Federal Rules and Guide Lines of CARES ACT OF PPP LOAN at the time the application in this case was filed which was April 4th, 2020. 15. Character Evidence; Crimes or other Acts of the victim. REQUEST TO COMPEL DISCOVERY Federal Rules does not require a defendant or alleged defendant to file a motion for discovery, Case 1:20-cr-00228-MHC-JKL Document 61 Filed 08/12/20 Page 3 of 7 nor does it require the government to file a motion for reciprocal discovery. The parties are therefore expected to provide discovery promptly and to do so without an order. A pre-trial conference has been requested multiple times by the alleged defendant. JENCKS ACT Jencks Act material may not be ordered disclosed until a witness has testified. Nevertheless, the government is encouraged to disclose this material as early as possible to avoid delays. BRADY/GIGLIO The government must comply with its Constitutional obligation to disclose any information known to it that is material to the guilt or punishment of the defendant whether or not the defendant requests it. Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 US. 150 (1972). Brady and Giglio information must be disclosed in time for effective use at trial. In re United States (United States v Coppa), 267 F3d 132, 142 (2d Cir.2001); United States v. Olson, 697 F.2d 273 (8th Cir. 1983). Cf. United States v Higgs. 713 K2d 39, 44 (3d Cir. 1983). Case 1:20-cr-00228-MHC-JKL Document 61 Filed 08/12/20 Page 4 of 7 NEWLY DISCOVERED INFORMATION It is the continuing duty of the UNITED STATES ATTORNEY(s) and alleged defendant to disclose to opposing counsel or alleged defendant in propia persona all newly discovered information or other material within the scope of the rules. PRE- TRIAL MOTIONS Motions that arise from Jencks Act material are excluded from the deadline set by the court, pursuant to the mles. I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is tme and correct Respectfully submitted this_/^_day of Aj^-i- 2020, by: ^M.'U )C^/?^-] f^u,-^ - ^ maurice johnson fayne el CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion to Suppress Criminal Affidavit and all other Evidence has been formatted in Times New Roman 14 pt., in accordance with Local Rule 5.1B, and was electronically filed this day with the Clerk of Court using CM/ECF system which will automatically send email notification of such filing to the following counsel of record: Case 1:20-cr-00228-MHC-JKL Document 61 Filed 08/12/20 Page 5 of 7 James N. Hatten Clerk of Court Attorney John Russell Phillips UNITED STATES DISTRICT COURT Richard B. Russell Federal Building NORTHERN DISTRICT OF GEORGIA United States Attorney's Office Richard B. Russell Federal Building 75 Ted Turner Drive, SW #600 2211 United States Courthouse Atlanta, Georgia 30303-3309 75 Ted Turner Drive, SW (404)581-6000 Atlanta, Georgia 30303-3309 Email :mssell.phillips @usdoj .gov (404)215-1600 Attorney Bernita Malloy Attorney Byung J. Pak Richard B. Russell Federal Building Richard B. Russell Federal Building United States Attorney's Office United States Attorney's Office 75 Ted Turner Drive, SW #600 75 Ted Turner Drive, SW #600 Atlanta, Georgia 30303-3309 Atlanta, Georgia 30303-3309 (404) 581-6000 Email: Bemita.Malloy@usdoj.gov Attorney Michael John Brown Richard B. Russell Federal Building United States Attorney's Office 75 Ted Turner Drive, SW #600 Case 1:20-cr-00228-MHC-JKL Document 61 Filed 08/12/20 Page 6 of 7 Atlanta, Georgia 30303-3309 Email: Michael j .brown2 @ usdoj .gov mauricejohnson fayne-el c/o 6608 N Western Avenue # 1307 Oklahoma City, Oklahoma [73116] U.SA 770-846-1034 Email: mauricclohnson'uivnc.el trust @si^ai1.con^ Case 1:20-cr-00228-MHC-JKL Document 61 Filed 08/12/20 Page 7 of 7
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