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Home Source documents Request for Brady Evidence and Other Exculpatory Evidence and Information — No. 0:26-cr-00033 (Dkt. 16, E.D. Ky.)

Request for Brady Evidence and Other Exculpatory Evidence and Information — No. 0:26-cr-00033 (Dkt. 16, E.D. Ky.)

Summary

A request for Brady evidence and other exculpatory evidence and information, filed June 25, 2026 as Doc 16 in United States v. Timmy G. Robinson, Jr., Criminal Action No. 0:26-CR-00033-DLB-EBA, U.S. District Court for the Eastern District of Kentucky, Northern Division at Ashland. Defense counsel Michael B. Fox of Fox Law Office in Olive Hill asks for evidence under Brady v. Maryland, 373 U.S. 83 (1963), Kentucky Supreme Court Rule 3.130(3.8) and 28 U.S.C. § 530B, citing Cone v. Bell, 556 U.S. 449, 470 (2009). The request covers favorable witnesses and statements, evidence affecting the credibility of government evidence, promises of non-prosecution or other arrangements with government witnesses, and any other exculpatory evidence, disclosed in time for effective use at trial. The 2-page filing ends with a certificate of service dated June 25, 2026.

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Full text

Case: 0:26-cr-00033-DLB-EBA                 Doc #: 16 Filed: 06/25/26                Page: 1 of 2 - Page
                                                ID#: 59



                              UNITED STATES DISTRICT COURT
                              EASTERN DISTRICT OF KENTUCKY
                                   NORTHERN DIVISION
                                        ASHLAND


 CRIMINAL ACTION NO.:0:26-CR-00033-DLB-EBA

 UNITED STATES OF AMERICA                                                         PLAINTIFF


 V.                REQUEST FOR BRADY EVIDENCE AND OTHER
                   EXCULPATORY EVIDENCE AND INFORMATION


 TIMMY G. ROBINSON, JR.
                                                                                  DEFENDANT


          Come now the Defendant, Timmy G. Robinson, Jr. by counsel, and requests the

 production of evidence pursuant to the decision in Brady v. Maryland, 373 U.S. 83

 (1963), as well as evidence and information pursuant to Kentucky Supreme Court Rule

 3.130(3.8) , and 28 U.S.C. § 530B1. Under Brady, the Government should disclose any

 evidence in its possession that is both favorable to the Defendant and material to the issue

 of guilt or punishment, and which is not otherwise covered by Defendant’s request under

 Rule 16(a) and motion pursuant to the Jencks Act. Under SCR 3.130(3.8) and U.S.C. §

 530B, prosecutors should disclose all evidence or information known to them that tends

 to negate guilt of the Defendant or mitigate the offense, or in connection with sentencing

 disclose all known unprivileged mitigating information to the Court and Defendant.

 Specifically, this request includes, but is not limited to disclosure of the existence of

 1
  Disclosure of such evidence and information is further supported by the United States Attorneys’ Manual
 9-5.001 and LCrR 57.3 (imposing the duty to adhere to Kentucky Supreme Court rules governing
 professional conduct). See also Cone v. Bell, 556 U.S. 449, 470 (2009) (noting that the “obligation to
 disclose evidence favorable to the defense may arise more broadly under a prosecutor’s ethical or statutory
 obligations”).
Case: 0:26-cr-00033-DLB-EBA            Doc #: 16 Filed: 06/25/26          Page: 2 of 2 - Page
                                           ID#: 60



 witnesses favorable to Defendant, witness statements favorable to Defendant, evidence

 tending to affect the credibility of evidence to be used by the Government, promises of

 non-prosecution made to a Government witness, any other arrangement between the

 Government and a witness that is beneficial in any way to the witness, and any other

 evidence exculpatory of Defendant. This evidence should be disclosed to Defendant in

 time for effective use of such evidence at trial.


                                                       Respectfully Submitted,


                                                       /s/ Michael B. Fox_____________
                                                       Michael B. Fox
                                                       Fox Law Office
                                                       P.O. Box 1450
                                                       Olive Hill, KY 41164
                                                       (606) 286-5351
                                                       mike@foxlaw1.com
                                                       Counsel for Defendant,
                                                       Timmy G. Robinson, Jr.


                                CERTIFICATE OF SERVICE

         I hereby certify that on June 25, 2026, I electronically filed the foregoing with the
 clerk of the court by using CM/ECF system, which will send a notice of electronic filing
 to the following or by first class mail to any non-CM/ECF participants.



                                                       /s/ Michael B. Fox_______________

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