Order — United States v. Shelvy Edwards (Eastern District of North Carolina, Document 12)

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Order in United States v. Shelvy Edwards, No. 4:24-CR-15-1M, in the United States District Court for the Eastern District of North Carolina, Eastern Division, Document 12, filed April 22, 2024. Citing Rule 5(f)(1) of the Federal Rules of Criminal Procedure, as amended by the Due Process Protections Act, the court confirms the government's disclosure obligation under Brady v. Maryland and its progeny. The order states that failure to comply could result in consequences such as exclusion of evidence, adverse jury instructions, dismissal or reversal of charges, contempt proceedings, or sanctions. It is signed by a United States Magistrate Judge.

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                       IN THE UNITED STATES DISTRICT COURT
                   FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                                 EASTERN DIVISION
                                  No. 4:24-CR-15-1M


 UNITED STATES OF AMERICA,                        )
                                                  )
                  v.                              )                      ORDER
                                                  )
       SHELVY EDWARDS                             )
                                                  )
                Defendant.                        )



       Pursuant to Rule 5(f)(1) of the Federal Rules of Criminal Procedure, as amended by the

Due Process Protections Act, Pub. L. No. 116-182, 134 Stat. 894 (Oct. 21, 2020), the court hereby

confirms the government’s disclosure obligation under Brady v. Maryland, 373 U.S. 83 (1963),

and its progeny. See Brady, 373 U.S. at 87 (“[T]he suppression by the prosecution of evidence

favorable to an accused upon request violates due process where the evidence is material either to

guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”). Failure by

the government to comply with its disclosure obligation could result in such consequences as

exclusion of evidence, adverse jury instructions, dismissal or reversal of charges, contempt

proceedings, or imposition of sanctions.

       SO ORDERED, this 22nd day oIApril, 2024.



                                              _________________________
                                              KIMBERLY A. SWANK
                                              United States Magistrate Judge




         Case 4:24-cr-00015-M-RN Document 12 Filed 04/22/24 Page 1 of 1


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