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

Summary

Order, Document 3, dated June 21, 2024 in United States of America v. Jessica Nutter, Criminal Action No. 2:24-00081 (S.D. W. Va., Charleston). In accordance 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, meaning evidence that favors the defendant or casts doubt on the United States' case, as required by Brady v. Maryland and its progeny, and orders the United States to do so. Failure to disclose in a timely manner may result in exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action, or sanctions. The Clerk is directed to forward copies to the defendant, all counsel of record, the United States Probation Department, and the United States Marshal.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF WEST VIRGINIA 
AT CHARLESTON 
 
 
 
UNITED STATES OF AMERICA 
 
 
 
v. 
 
 
 
 
CRIMINAL ACTION NO. 2:24-00081 
 
 
 
JESSICA NUTTER 
 
 
 
O R D E R 
 
 
 
 
The court advises the defendant as follows.  
 
In accordance 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. 
 
Case 2:24-cr-00081     Document 3     Filed 06/21/24     Page 1 of 2 PageID #: 4

2 
 
 
 
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:  June 21, 2024 
 
 
 
 
 
 
 
 
 
 
 
Case 2:24-cr-00081     Document 3     Filed 06/21/24     Page 2 of 2 PageID #: 5

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