Court filing
Order as to Gary Lomax directing the United States to disclose — United States v. Lomax (Dkt. 8, S.D. W. Va.)
Filed July 19, 2024 in United States of America v. Lomax - Gary Lomax; one of 23 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2024-07-19 |
U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00114 · Doc. 8 · 2024-07-19 · Docket on CourtListener
Full text
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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