U.S. v. MEANS, 2:10cr186-MHT. (2012)
Court: District Court, M.D. Alabama
Number: infdco20120215625
Visitors: 17
Filed: Feb. 14, 2012
Latest Update: Feb. 14, 2012
Summary: ORDER MYRON H. THOMPSON, District Judge. It is ORDERED that defendant Larry P. Means's motion to dismiss (Doc. No. 2270) is denied. First, the court is not convinced that a Brady violation occurred. Second, even if there was a Brady violation, dismissal is not warranted because there is no evidence that the failure to disclose was willful or prejudicial. Indeed, the evidence is now available for the retrial.
ORDER
MYRON H. THOMPSON, District Judge.
It is ORDERED that defendant Larry P. Means's motion to dismiss (Doc. No. 2270) is denied. First, the court is not convinced that a Brady violation occurred. Second, even if there was a Brady violation, dismissal is not warranted because there is no evidence that the failure to disclose was willful or prejudicial. Indeed, the evidence is now available for the retrial.
Source: Leagle
