DUE PROCESS PROTECTIONS ACT ORDER TO ALL COUNSEL REGARDING BRADY… — United States of America v. Bowlin (Dkt. 10)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:22-cr-00205 · Doc. 10 · 2023-01-06 · Docket on CourtListener

Summary

An order in United States of America v. Tiffany Bowlin, No. 2:22-cr-00205, in the U.S. District Court for the Southern District of West Virginia at Charleston, dated January 6, 2023 and filed as Document 10. The order advises the defendant that, in accordance with the Due Process Protections Act and Rule 5(f) of the Federal Rules of Criminal Procedure, the court confirms and orders the obligation of the United States to disclose all exculpatory evidence to the defendant, 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 two-page order directs the Clerk to forward copies to the defendant, all counsel of record, the United States Probation Department and the United States Marshal.

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Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF WEST VIRGINIA 
AT CHARLESTON 
 
 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
   CRIMINAL ACTION NO. 2:22-00205 
 
 
TIFFANY BOWLIN 
 
 
 
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 2:22-cr-00205     Document 10     Filed 01/06/23     Page 1 of 2 PageID #: 25

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:  January 6, 2023 
 
 
 
 
 
 
 
 
 
 
 
Case 2:22-cr-00205     Document 10     Filed 01/06/23     Page 2 of 2 PageID #: 26

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