Opinion
CRIMINAL 2:23-cr-00023
03-17-2023
UNITED STATES OF AMERICA v. KIRK AUGUST
JUDGE JAMES D. CAIN, JR.
ORDER
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE
In accordance with the requirements of Rule 5 of the Federal Rules of Criminal Procedure, as amended October 21, 2020, and in addition to the requirements imposed by the court's Pretrial Criminal Scheduling Order, it is
ORDERED that the government be and it is hereby reminded of its disclosure obligations under Brady v Maryland, 373 U.S. 83 (1963), and its progeny. Failure of the government to abide by this order and to properly disclose Brady material to the defendant shall carry consequences. Consequences of violation of this order and the duty to disclose as mandated by Brady will be commiserate with the scope and severity of the violation and can include exclusion of evidence at trial, a finding of contempt with possible disciplinary action against the prosecutor, dismissal of an indictment with prejudice, or even a declaration that a conviction was obtained invalidly.
THUS DONE AND SIGNED in Chambers this 17th day of March, 2023.