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Order Issued pursuant to the Due Process Protection Act — No. 8:23-cr-00031 (Dkt. 21, D. Neb.)

Summary

Order of the U.S. District Court for the District of Nebraska in United States v. Andrew Kincaid, case 8:23-cr-00031, Document 21, dated February 1, 2023, signed by Magistrate Judge Susan M. Bazis. At the initial appearance on a complaint, Lesley Woods represented the government and Julie B. Hansen 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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“Order Issued pursuant to the Due Process Protection Act — No. 8:23-cr-00031 (Dkt. 21, D. Neb.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-issued-pursuant-to-the-due-process-protection-act-no-8-23-cr-000-77052c156d/, SHA-256 0dc36d358272babb12518a05eb183bf19180ca849c94084be775bc12bde028b4.

Full text

 8:23-cr-00031-BCB-MDN              Doc # 21   Filed: 02/01/23    Page 1 of 1 - Page ID # 47




                        IN THE UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA

                       Plaintiff,                                     8:23MJ48

        vs.                                           ORDER ISSUED PURSUANT TO THE
                                                       DUE PROCESS PROTECTION ACT

ANDREW KINCAID
                       Defendant.



       This matter came before the Court for Initial Appearance on a Complaint. The government
was represented by Lesley Woods. The defendant was present and represented by Julie B. Hansen.
       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 1, 2023.


                                                            BY THE COURT:

                                                            s/ Susan M. Bazis
                                                            United States Magistrate Judge

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