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Order Issued pursuant to the Due Process Protection Act — No. 8:21-mj-00061 (Dkt. 12, D. Neb.)

Summary

Order of the U.S. District Court for the District of Nebraska in United States v. Delbert Lewis, case 8:21-mj-00061, Document 12, dated February 5, 2021, signed by Magistrate Judge Susan M. Bazis. At the initial appearance on a complaint, Jody Mullis represented the government and Yvonne D. Sosa the defendant. Under the Due Process Protections Act, the order confirms the government's obligation to disclose all exculpatory evidence as required by Brady v. Maryland, 373 U.S. 83 (1963), orders it to do so, and warns that failure may bring consequences including exclusion of evidence, dismissal of charges or sanctions.

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Cite this document

“Order Issued pursuant to the Due Process Protection Act — No. 8:21-mj-00061 (Dkt. 12, D. Neb.).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-issued-pursuant-to-the-due-process-protection-act-no-8-21-mj-000-6fd083950c/, SHA-256 133149fba5665e523375512a1a4cff8791875ab968dd6aa7f87d93aff80d01a5.

Full text

      8:21-mj-00061-MDN Doc # 12 Filed: 02/05/21 Page 1 of 1 - Page ID # 22




                        IN THE UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA

                       Plaintiff,                                     8:21MJ61

        vs.                                           ORDER ISSUED PURSUANT TO THE
                                                       DUE PROCESS PROTECTION ACT

DELBERT LEWIS
                       Defendant.




       This matter came before the Court for Initial Appearance on a Complaint. The government
was represented by Jody Mullis. The defendant was present and represented by Yvonne D. Sosa.
       IT IS ORDERED:
       Pursuant to the Due Process Protections Act, the Court confirms the United States'
obligation to disclose to the defendant all exculpatory evidence as required by Brady v. Maryland,
373 U.S. 83 (1963) and its progeny, and orders the United States to do so. Failure to disclose
exculpatory evidence in a timely manner may result in consequences, including, but not limited
to, exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings,
or sanctions by the Court.

       DATED: February 5, 2021.


                                                            BY THE COURT:

                                                            s/ Susan M. Bazis
                                                            United States Magistrate Judge

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133149fba5665e523375512a1a4cff8791875ab968dd6aa7f87d93aff80d01a5
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archive.org
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