DOJ-OGR-00000147.tif
41 KB
Extraction Summary
1
People
3
Organizations
0
Locations
3
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document / court order / motion response
File Size:
41 KB
Summary
This legal document addresses discovery disputes in a case involving 'Maxwell.' It details Maxwell's motion to compel the Government to produce various types of evidence, including Jencks Act, Brady, and Giglio material. The Court rules that while Maxwell is not entitled to expedited discovery, the parties must confer on a pretrial disclosure schedule, and the Court accepts the Government's assertion that it has already disclosed all required Brady and Giglio material, citing relevant Supreme Court precedents.
People (1)
| Name | Role | Context |
|---|---|---|
| Maxwell | Defendant |
Moves to compel the Government to produce documents and seeks accelerated disclosure of witness list, Jencks Act, Bra...
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Government |
Party in the legal proceedings, responsible for disclosure of evidence.
|
|
| Supreme Court |
Referenced for decisions in Brady v. Maryland and Giglio v. United States.
|
|
| United States |
Party in Giglio v. United States and United States v. Coppa.
|
Timeline (3 events)
Undated
Maxwell's motion to compel discovery from the Government, including Jencks Act, Brady, Giglio material, co-conspirator statements, and Rule 404(b) material.
Court proceedings
Undated
Court's ruling on Maxwell's discovery requests, concluding she is not entitled to expedited discovery but requiring parties to confer on a pretrial disclosure schedule.
Court proceedings
Undated
Court accepts Government's representations that it has disclosed all Brady and Giglio Material.
Court proceedings
Court
Government
Relationships (1)
Maxwell moves to compel the Government; Government responds to requests.
Key Quotes (3)
""not only exculpatory material, but also information that could be used to impeach a key government witness.""Source
DOJ-OGR-00000147.tif
Quote #1
""Brady and its progeny do not require immediate disclosure of all exculpatory and impeachment material upon request by a defendant.""Source
DOJ-OGR-00000147.tif
Quote #2
""[A]s long as a defendant possesses Brady evidence in time for its effective use, the government has not deprived the""Source
DOJ-OGR-00000147.tif
Quote #3
Full Extracted Text
Complete text extracted from the document (1,723 characters)
84a
VIII. The parties shall negotiate all remaining
disclosures
Maxwell moves to compel the Government to
produce certain documents she believes it has in its
possession and has failed to produce. She also seeks
accelerated disclosure of the Government's witness
list, Jencks Act material, Brady and Giglio material,
co-conspirator statements, and Rule 404(b) material.
Based on the Government's response in briefing and
letters the parties have since submitted to the Court,
it appears that most of these requests have been
overtaken by events. Accordingly, although the Court
concludes that Maxwell is not entitled to expedite this
discovery based on the arguments in her motion
papers, the Court will require the parties to confer on
an overall schedule for all remaining pretrial disclosures.
A. The Court accepts the Government's repre-
sentations that it has disclosed all Brady
and Giglio Material
The Supreme Court's decisions in Brady v. Maryland,
373 U.S. 83 (1963) and Giglio v. United States, 405 U.S.
150 (1972) require the Government to disclose to
defendants certain evidence that will aid their defense.
Brady requires disclosure of exculpatory evidence.
Under Giglio, the Government has a duty to produce
"not only exculpatory material, but also information
that could be used to impeach a key government
witness." United States v. Coppa, 267 F.3d 132, 135 (2d
Cir. 2001) (citing Giglio, 405 U.S. at 154). As a general
rule, "Brady and its progeny do not require immediate
disclosure of all exculpatory and impeachment mate-
rial upon request by a defendant." Id. at 146. "[A]s long
as a defendant possesses Brady evidence in time for its
effective use, the government has not deprived the
DOJ-OGR-00000147
VIII. The parties shall negotiate all remaining
disclosures
Maxwell moves to compel the Government to
produce certain documents she believes it has in its
possession and has failed to produce. She also seeks
accelerated disclosure of the Government's witness
list, Jencks Act material, Brady and Giglio material,
co-conspirator statements, and Rule 404(b) material.
Based on the Government's response in briefing and
letters the parties have since submitted to the Court,
it appears that most of these requests have been
overtaken by events. Accordingly, although the Court
concludes that Maxwell is not entitled to expedite this
discovery based on the arguments in her motion
papers, the Court will require the parties to confer on
an overall schedule for all remaining pretrial disclosures.
A. The Court accepts the Government's repre-
sentations that it has disclosed all Brady
and Giglio Material
The Supreme Court's decisions in Brady v. Maryland,
373 U.S. 83 (1963) and Giglio v. United States, 405 U.S.
150 (1972) require the Government to disclose to
defendants certain evidence that will aid their defense.
Brady requires disclosure of exculpatory evidence.
Under Giglio, the Government has a duty to produce
"not only exculpatory material, but also information
that could be used to impeach a key government
witness." United States v. Coppa, 267 F.3d 132, 135 (2d
Cir. 2001) (citing Giglio, 405 U.S. at 154). As a general
rule, "Brady and its progeny do not require immediate
disclosure of all exculpatory and impeachment mate-
rial upon request by a defendant." Id. at 146. "[A]s long
as a defendant possesses Brady evidence in time for its
effective use, the government has not deprived the
DOJ-OGR-00000147
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