Order as to Gary Lomax directing the United States to disclose — United States v. Lomax (Dkt. 8, S.D. W. Va.)

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An order, Doc. 8, dated July 19, 2024, in United States of America v. Gary Lomax, Criminal Action No. 2:24-00114, United States District Court, Southern District of West Virginia. 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 and orders the United States to do so. The order states that failure to disclose in a timely manner may result in serious consequences, including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action, or sanctions. The court directs counsel for the defendant to discuss the contents of the order with the defendant and be prepared to state so at the next hearing.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF WEST VIRGINIA 
AT CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
CRIMINAL ACTION NO. 2:24-00114 
 
 
GARY LOMAX 
 
 
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-00114     Document 8     Filed 07/19/24     Page 1 of 2 PageID #: 12

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-00114     Document 8     Filed 07/19/24     Page 2 of 2 PageID #: 13

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