DUE PROCESS PROTECTIONS ACT ORDER TO ALL COUNSEL REGARDING BRADY… — United States of America v. Sutton et al (Dkt. 117)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 117 · 2025-02-20 · Docket on CourtListener

Summary

A Due Process Protections Act order to all counsel regarding Brady obligations in United States of America v. Kisha Sutton, Criminal Action No. 2:24-cr-00192-1, in the U.S. District Court for the Southern District of West Virginia, Charleston Division, entered February 20, 2025 as Document 117. In accord with the Due Process Protections Act and Rule 5(f) of the Federal Rules of Criminal Procedure, the order confirms the obligation of the United States to disclose to the defendant all exculpatory evidence and orders it to do so, citing Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. It states that failure to disclose such evidence in a timely manner may result in consequences including exclusion of evidence, adverse jury instructions, dismissal of charges or sanctions. The one-page order directs the Clerk to transmit a copy to all counsel of record.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

IN THE UNITED STATES DISTRICT COURT 
 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 
 
CHARLESTON DIVISION 
 
UNITED STATES OF AMERICA 
) 
) 
vs. 
)          Criminal Action No. 2:24-cr-00192-1 
 
)       
KISHA SUTTON, 
) 
 
) 
            Defendant. 
) 
____________________________________ 
) 
 
DUE PROCESS PROTECTIONS ACT ORDER 
TO ALL COUNSEL REGARDING BRADY OBLIGATIONS 
 
In accord with the Due Process Protections Act and Rule 5(f) of the Federal Rules of 
Criminal Procedure, this 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 the Clerk to transmit a copy of this Order to all counsel of record 
herein. 
ENTERED: February 20, 2025. 
 
 
 
Case 2:24-cr-00192     Document 117     Filed 02/20/25     Page 1 of 1 PageID #: 506

File and source

File

gov.uscourts.wvsd.240497.117.0.pdf

Size

268,310 bytes

SHA-256

9bd246fbb5e1d1371b018ea6ab11d7e08e323e3ba40d7b82f2eb16dde1aa1b07

Our copy

gov.uscourts.wvsd.240497.117.0.pdf

Original

PACER (login required)