Order — United States v. James Edwards (Eastern District of North Carolina, Document 10)

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An Order filed August 17, 2023 as Document 10 in United States v. James Edwards, No. 7:22-CR-136-1FL, in the United States District Court for the Eastern District of North Carolina, Southern Division. The court confirms the government's disclosure obligation under Brady v. Maryland, citing the Federal Rules of Criminal Procedure as amended by the Due Process Protections Act. It states that failure by the government to comply could result in consequences such as exclusion of evidence, adverse jury instructions, dismissal or reversal of charges, contempt proceedings, or imposition of sanctions. The Order closes with a signature block for Kimberly A. Swank, United States Magistrate Judge.

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                       IN THE UNITED STATES DISTRICT COURT
                   FOR THE EASTERN DISTRICT OF NORTH CAROLINA
                                SOUTHERN DIVISION
                                 No. 7:22-CR-136-1FL


 UNITED STATES OF AMERICA,                        )
                                                  )
                  v.                              )                      ORDER
                                                  )
        JAMES 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 17WKday of August 202.



                                              _________________________
                                              KIMBERLY A. SWANK
                                              United States Magistrate Judge




         Case 7:22-cr-00136-FL-RJ Document 10 Filed 08/17/23 Page 1 of 1


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