United States v. Strother

          Bradley M. Endicott, Assistant United States Attorney, United States Attorney's Office, 300 South 4th Street, Suite 600, Minneapolis, MN 55415 (for the Government); and

          John S. Hughes, Law Office of John S. Hughes, 331 Second Avenue South, Minneapolis, MN 55401 (for Defendant).

          ORDER

          Tony N. Leung United States Magistrate Judge

         This matter is before the Court, United States Magistrate Judge Tony N. Leung, on the following motions:

1. Defendant's Motion for Discovery (ECF No. 15);

2. Defendant's Motion for Release of Brady Materials (ECF No. 16);

3. Defendant's Motion to Retain Rough Notes (ECF No. 17);

4. Defendant's Motion for Disclosure of 404(b) Evidence (ECF No. 18); and

5. Defendant's Motion for Early Disclosure of Jencks Act Material (ECF No. 19).

         Based upon the record, memoranda, oral arguments of counsel, and the agreement of the parties as noted at the hearing and in their respective briefs, IT IS HEREBY ORDERED as follows:

         1. Defendant's Motion for Discovery (ECF No. 15) is GRANTED as follows: Defendant seeks discovery materials, including his statements, his prior criminal record, items material to the preparation of his defense, and results or reports of physical or mental examinations. Defendant also seeks disclosure from the Government of a written summary of any expert testimony the Government intends to use at trial, including the witnesses' opinions, the bases and reasons therefor, and the witnesses' qualifications. At the hearing, the parties agreed that all expert disclosures would be made no later than 14 days before trial. The Government also noted that is has already provided some of these materials to Defendant and is aware of its ongoing duty to disclose. The Government shall fully comply with its obligations under the Federal Rules of Criminal Procedure, Federal Rules of Evidence, and all other relevant authorities concerning discovery and it shall disclose these materials in a timely fashion. See Fed. R. Crim. P. 16(a)(1)(G); Fed. R. Crim. P. 16 advisory committee's notes, 1993 Amendments (“Although no specific timing requirements are included, it is expected that the parties will make their requests and disclosures in a timely fashion.”). Regarding expert witnesses, the parties shall disclose a written summary of any expert testimony no later than 14 days prior to trial.

         2. Defendant's Motion for Release of Brady Materials (ECF No. 16) is GRANTED IN PART and DENIED IN PART as follows: Defendant seeks evidence favorable to Defendant pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Miller v. Pate, 386 U.S. 1 (1967), Giles v. Maryland, 386 U.S. 66 (1967), and Moore v. Illinois, 408 U.S. 786 (1972). The Government indicated that it understands its obligations under these authorities and will provide such information on an ongoing basis. Therefore, the Government shall comply fully with its obligations under Brady and its progeny. To the extent Defendant's motion seeks discovery and disclosures outside the Government's obligations under these authorities, it is denied. See United States v. Johnson, 228 F.3d 920, 924 (8th Cir. 2000) (“Criminal defendants do not have a general constitutional right to discovery. In most circumstances, then, a defendant must point to a statute, rule of criminal procedure, or other entitlement to obtain discovery from the government”) (citing Weatherford v. Bursey, 429 U.S. 545, 559 (1977)).

         3. Defendant's Motion to Retain Rough Notes (ECF No. 17) is GRANTED as follows: Defendant seeks an order directing any law enforcement agent involved in this case to retain and preserve all rough notes pertaining to this matter. The Government does not object to the motion to the extent it seeks retention and preservation of rough notes. Therefore, the Government shall direct all its law enforcement agents involved in this case to retain and preserve any rough notes pertaining to this case.

         4. Defendant's Motion for Disclosure of 404(b) Evidence (ECF No. 18) is GRANTED as follows: Defendant requests that the Government disclose any evidence it intends to offer at trial pursuant to Rules 404(b) and 608(b) of the Federal Rules of Evidence. The Government indicates it is aware of its obligations under the Federal Rules of Evidence. ...