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Order — No. 3:22-cr-00129 (Dkt. 12, W.D.N.C.)

Summary

The Western District of North Carolina ordered the Government on June 10, 2022 to disclose to Donte O'Neill Clements all exculpatory evidence, meaning evidence that favors the defendant or casts doubt on its case, under Rule 5(f) of the Federal Rules of Criminal Procedure and Brady v. Maryland. The Due Process Order in Case 3:22-cr-00129-MOC-DCK, Document 12, warns that failure to disclose in a timely manner may result in the exclusion of evidence, dismissal of charges, contempt proceedings or other sanctions.

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“Order — No. 3:22-cr-00129 (Dkt. 12, W.D.N.C.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-3-22-cr-00129-dkt-12-w-d-n-c-f19a645f69/, SHA-256 dccaae5d172dbf1d2d2ba1484c240f7d7bfbea8f118901026bc7a5c00686c1a2.

Full text

Due Process Order                                                                                           Page 1 of 1 Pages



                                     UNITED STATES DISTRICT COURT
                                           Western District of North Carolina
                                                            )
UNITED STATES OF AMERICA                                    )
             V.
                                                            )
                                                            )       Case Number: 3:22−cr−00129−MOC−DCK
Donte O'Neill Clements                                      )
      Defendant                                             )
                                                            )

                                                        ORDER

Pursuant to Rule 5(f) of the Federal Rules of Criminal Procedure, the Court confirms the obligation of the Government
to disclose to the defendant all exculpatory evidence that is, evidence that favors the defendant or casts doubt on the
case brought by the Government under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and ORDERS the
Government to comply with this obligation. The Government is advised that failure to disclose exculpatory evidence in
a timely manner may result in the exclusion of evidence, dismissal of charges, contempt proceedings, disciplinary
actions, or other sanctions, as may be appropriate.

                                                It is so ordered.




Date:      June 10, 2022




            Case 3:22-cr-00129-MOC-DCK Document 12 Filed 06/10/22 Page 1 of 1

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