United States v. Norris

Full title: UNITED STATES OF AMERICA, v. MERIDETH C. NORRIS, D.O., Defendant

Court: United States District Court, D. Maine

Date published: Dec 8, 2023

2:22-cr-00132-NT (D. Me. Dec. 8, 2023)

Opinion

2:22-cr-00132-NT

12-08-2023

UNITED STATES OF AMERICA, v. MERIDETH C. NORRIS, D.O., Defendant

KAREN FRINK WOLF, UNITED STATES MAGISTRATE JUDGE

ORDER ON MOTION FOR EARLY DISCLOSURE OF JENCKS ACT MATERIAL

KAREN FRINK WOLF, UNITED STATES MAGISTRATE JUDGE

In this criminal case, Defendant Meredith Norris moves for an order requiring the early disclosure of Jencks Act material. See ECF Nos. 67, 87. The Government objects. See ECF No. 83.

Norris's “motion is a non-starter because the First Circuit has made it plain that a district court does not have the authority to mandate” the early disclosure of Jencks Act material. United States v. Manahe, No. 2:22-cr-00013-JAW, 2022 WL 3113034, at *4 (D. Me. Aug. 4, 2022); see United States v. Grandmont, 680 F.2d 867, 874 (1st Cir. 1982) (“A court may not compel the disclosure of statements of Government witnesses before the conclusion of their direct testimony.”); United States v. Liberty, No. 2:19-cr-00030-GZS, ECF No. 145 at 2 (D. Me. Apr. 2, 2020) (“[T]he caselaw makes clear that the Court does not have the discretion to order early disclosure of Jencks material.”); United States v. Congo, No. 2:18-cr-00193-JDL-2, 2019 U.S. Dist. LEXIS 144376, at *2 (D. Me. Aug. 26, 2019) (“[I]t is not within this Court's discretion to compel early disclosure of Jencks Act material over the Government's objection as requested by the Defendant.”); United States v. Owens, 933 F.Supp. 76, 80 (D. Mass. 1996) (“[T]he overwhelming majority of cases-including cases from the First Circuit-adhere to a rule that is nearly absolute: district court judges may not, over the government's objection, compel pretrial disclosure of nonexculpatory Jencks Act material earlier than the close of a witness's testimony on direct examination.”). Accordingly, Norris's motion is DENIED .¹

1 In its opposition, the Government indicates that it has-on a voluntary basis-“already commenced early Jencks productions” and that it will continue to produce materials as they become available. See ECF No. 83 at 2-3. Norris is free to request a conference with the Court if there are any issues with that process. See Manahe, 2022 WL 3113034, at *4 (“[T]he Government has represented that it has and will continue to provide Jencks Act material as it is received. If a further issue arises, the Defendants are free to bring it to the attention of the Court.”).

NOTICE

In accordance with Federal Rule of Criminal Procedure 59(a), a party may serve and file an objection to this order within fourteen (14) days after being served with a copy thereof.

Failure to file a timely objection shall constitute a waiver of the right to review by the district court and to any further appeal of this order.