United States District Court, D. Minnesota
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
S. Hughes, Law Office of John S. Hughes, 331 Second Avenue
South, Minneapolis, MN 55401 (for Defendant).
N. Leung United States Magistrate Judge
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).
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:
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.
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)).
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.
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.