Opinion
Case No. 05-80955-34
08-25-2011
WAYNE DARNELL JOYNER, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
Hon:
ORDER DENYING MOTION FOR
THE PRODUCTION OF EXCULPATORY EVIDENCE
Defendant has filed a Motion for the Production of Exculpatory Evidence (Doc. 1349). The government, in its response (Doc.1359) says:
• No case citation or Court Rule allows for consideration of such a motion long after a conviction becomes final. (Defendant pled guilty on November 21, 2007, and on August 21, 2008, defendant was sentenced.)
• The disclosure requirements under Brady v. Maryland, 372 US 83 (1983), do not continue after conviction, and a case closed.
• United States v. Ruiz, 536 US 622 (2002), says that exculpatory or impeaching material need not be produced before a guilty plea. Therefore, after a plea was entered, such material need not be produced.
• The government says that defendant received full discovery prior to the entry of his
• guilty plea, and that ". . .the information [defendant] seeks has either already been tendered to him or does not exist."
Accordingly, the motion is DENIED.
SO ORDERED.
AVERN COHN
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to Wayne Darnell Joyner, 40683039, FCI - Lompoc, 3600 Guard Rd., Lompoc, CA 93436 and the attorneys of record on this date, August 25, 2011, by electronic and/or ordinary mail.
Julie Owens
Case Manager, (313) 234-5160