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United States v. Sheikh-Mursal

United States District Court, D. Minnesota

December 17, 2019

United States of America, Plaintiff,
v.
Hassan Abdilkadir Sheikh-Mursal, Defendant.

          Manda M. Sertich, Esq., Assistant United States Attorney, counsel for Plaintiff.

          F. Clayton Tyler, Esq., F. Clayton Tyler, P.A., counsel for Defendant.

          ORDER

          BECKY R. THORSON UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on Defendant Hassan Abdilkadir Sheikh-Mursal's pretrial motions. Based on the file and documents contained therein, the Court makes the following Order:

         1. The Government's Motion for Discovery.

         Pursuant to Fed. R. Crim. P. 16(b), the Government moves the Court for an order requiring Defendant to disclose and permit inspection and copying of evidence he intends to introduce at trial including documents and tangible objects, reports of examinations and tests, and expert testimony. The Government specifically requests that expert disclosures for both parties be made 30 days before trial, and rebuttal expert disclosures be made no later than 10 days before trial.

         Pursuant to Fed. R. Crim. P. 12.1, the Government requests an order requiring Defendant-if he intends to claim alibi as a defense-to state the specific place or places where Defendant claims to have been at the time of the offenses alleged, and the names and addresses of witnesses upon whom Defendant will rely to establish his alibi.

         Pursuant to Fed. R. Crim. P. 12.2, the Government requests an order requiring Defendant-if he intends to rely upon the defense of insanity or introduce expert testimony relating to a mental condition of Defendant bearing upon the issue of guilt - to notice the Government no later than the date of the first hearing on pretrial motions.

         Pursuant to Fed. R. Crim. P. 12.3, the Government requests an order requiring Defendant-if he intends to rely upon a defense of actual or believed exercise of public authority on behalf of a law enforcement or federal intelligence agency at the time of the offense-to give notice to the Government and the Court no later than the first hearing on pretrial motions.

         Pursuant to Fed. R. Crim. P. 26.2, the Government requests an order requiring Defendant to produce all statements in his possession or control of any witness that Defendant calls in connection with a suppression hearing, detention hearing, trial, or sentencing.

         Defendant does not oppose any of the Government's requests. The Government's Motion for Discovery (Doc. No. 17) is GRANTED.

         2. Defendant's Motion for Disclosure of Evidence Favorable to the Defendant.

         Defendant moves the Court for an order compelling the Government to disclose evidence favorable to the defense, pursuant to Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and their progeny. Defendant requests that the order direct the prosecution to review files of agencies involved in the case to determine whether any additional exculpatory material exists and to disclose such material to the defense. The Government agrees to provide any exculpatory or impeaching information as it comes to light, to the extent required by Brady, Giglio, and their progeny. Defendant's Pretrial Motion to Compel Attorney for the Government to Disclose Evidence Favorable to the Defendant (Doc. No. 27) is GRANTED to the extent that the Government must continue to comply with its disclosure obligations under Brady, Giglio, and their progeny. Within 10 days of the date of this order the government must disclose all Brady and Giglio information in its possession or of which it has become aware, and must promptly supplement its disclosure upon receipt of any additional Brady and Giglio information not previously disclosed

         3. Defendant's Motion for Disclosure of Grand ...


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