DUE PROCESS PROTECTIONS ACT ORDER TO ALL COUNSEL REGARDING BRADY… — United States of America v. Breckenridge (Dkt. 11)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00084 · Doc. 11 · 2022-05-04 · Docket on CourtListener

Summary

A Due Process Protections Act order to all counsel regarding Brady obligations, entered May 4, 2022 in United States of America v. Malik Breckenridge, Criminal Action No. 2:22-cr-00084, in the U.S. District Court for the Southern District of West Virginia, Charleston Division, as Document 11. Citing 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 exculpatory evidence in a timely manner may result in consequences including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action or sanctions. The order directs the Clerk to transmit a copy to all counsel of record.

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Full text

IN THE UNITED STATES DISTRICT COURT 
 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 
 
CHARLESTON DIVISION 
 
UNITED STATES OF AMERICA, 
) 
) 
 
Plaintiff, 
) 
) 
vs. 
)     CRIMINAL ACTION NO. 2:22-cr-00084 
 
)       
MALIK BRECKENRIDGE, 
) 
 
) 
 
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: May 4, 2022. 
 
Case 2:22-cr-00084     Document 11     Filed 05/04/22     Page 1 of 1 PageID #: 32

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