DUE PROCESS PROTECTIONS ACT ORDER TO ALL COUNSEL REGARDING BRADY… — United States of America v. Menchaca (Dkt. 9)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:25-cr-00068 · Doc. 9 · 2025-04-30 · Docket on CourtListener

Summary

A Due Process Protections Act order to all counsel regarding Brady obligations in United States of America v. Krista Marie Menchaca, No. 2:25-cr-00068, in the U.S. District Court for the Southern District of West Virginia, entered April 30, 2025 by Senior United States District Judge David A. Faber as Doc. 9. Citing the Due Process Protections Act and Rule 5(f) of the Federal Rules of Criminal Procedure, the order confirms the United States' obligation under Brady v. Maryland, 373 U.S. 83 (1963) to disclose exculpatory evidence to the defendant and orders it to do so. It warns that untimely disclosure may result in consequences including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings or sanctions. The two-page order directs the Clerk to send copies to counsel, the United States Marshal and the Probation Office.

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Full text

IN THE UNITED STATES DISTRICT COURT  
  
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA  
  
AT CHARLESTON 
   
  
UNITED STATES OF AMERICA 
 
v.   
  
  
  
  
 
 CRIMINAL NO. 2:25-00068 
  
KRISTA MARIE MENCHACA 
 
  
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 Clerk is directed to send a copy of this Order to 
counsel of record, the United States Marshal for the Southern 
District of West Virginia, and the Probation Office of this 
Court.  
Case 2:25-cr-00068     Document 9     Filed 04/30/25     Page 1 of 2 PageID #: 13

IT IS SO ORDERED this 30th day of April, 2025.  
ENTER:  
  
  
 
David  A.  Faber
Senior United States District Judge
Case 2:25-cr-00068     Document 9     Filed 04/30/25     Page 2 of 2 PageID #: 14

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