United States v. Gerrity
United States v. Gerrity
Opinion of the Court
ORDER
This Court has considered Defendant’s Motion for Discovery and Inspection, the Government’s Response thereto, the oral arguments of counsel, and the entire record herein. It is by the Court this 9th day of June, 1978,
ORDERED, that Defendant’s Motion for Discovery and Inspection be and hereby is granted in part and denied in part, as described below.
Defendant’s Request Number One is granted only insofar as it seeks discovery of (1) written or recorded statements made by Defendant and within the possession, custo
Defendant’s Request Number Two is denied.
Defendant’s Request Number Three is granted only insofar as it seeks access to. books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody, or control of the prosecution and which are material to the preparation of the defense herein, or are intended for use by the Government as evidence in chief at the trial, or were obtained from or belong to Defendant.
Defendant’s Request Numbers Four through Twelve are denied. Defendant has not explained how the requested information is material to the preparation of his defense.
Defendant’s Request Numbers Thirteen through Fifteen are denied.
SUPPLEMENTAL ORDER
Upon further consideration of Defendant’s Motion for an Order Directing Inspection and Disclosure of all Exculpatory Material and Information, it is by the Court this 9th day of June, 1978,
ORDERED, that this Court’s Order of June 2, 1978, denying Defendant’s Motion for an Order Directing Inspection and Disclosure of all Exculpatory Material and Information is hereby supplemented with the finding of this Court that the Government, in pursuance of its obligation under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), must, disclose all exculpatory information in the possession, custody, or control of any branch of the Government, which is known or, by the exercise of due diligence, may become known to the prosecution.
Reference
- Full Case Name
- United States v. Edward J. GERRITY, Jr.
- Status
- Published