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Due Process Protections Act Order to All Counsel Regarding Brady Obligations — United States v. Sean Patrick Boyd Jr. (Dkt. 12)

Summary

Document 12 in Case 2:23-cr-00123 is a Due Process Protections Act Order to All Counsel Regarding Brady Obligations, entered September 5, 2023, in the Southern District of West Virginia, Charleston Division. 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, and ORDERS the United States to do so. The order warns that failure to disclose in a timely manner may result in serious consequences, including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action, or sanctions. The Clerk is directed to transmit copies to all counsel of record.

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“Due Process Protections Act Order to All Counsel Regarding Brady Obligations — United States v. Sean Patrick Boyd Jr. (Dkt. 12).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-237310-12-0-baf0ce17ec/, SHA-256 d53d9ed77266d9859b7c9e857efab254f44659f430a8dbac6be281147de7589b.

Full text

     Case 2:23-cr-00123    Document 12     Filed 09/05/23    Page 1 of 1 PageID #: 24




                  IN THE UNITED STATES DISTRICT COURT
              FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
                          CHARLESTON DIVISION


UNITED STATES OF AMERICA

v.                                               Case No.: 2:23-cr-00123


SEAN PATRICK BOYD, JR.


                  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 of Court is DIRECTED to transmit copies of this Order to all counsel of

record herein.

        ENTER: September 5, 2023

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