U.S. v. DELAY, CR15-175 RSL. (2017)
Court: District Court, D. Washington
Number: infdco20170411e22
Visitors: 18
Filed: Apr. 10, 2017
Latest Update: Apr. 10, 2017
Summary: ORDER DIRECTING U.S. PROBATION TO DISCLOSE MARYSA COMER'S VIOLATION REPORTS ROBERT S. LASNIK , District Judge . This matter comes before this Court on Defendant David Delay's "Motion Directing U.S. Probation to Disclose Marysa Comer's Violation Reports." Dkt. # 266. Defendant argues that the violation reports will likely contain impeachment evidence to which he is entitled under Brady v. Maryland , 373 U.S. 83 (1963), and Giglio v. United States , 405 U.S. 150 (1972). The government d
Summary: ORDER DIRECTING U.S. PROBATION TO DISCLOSE MARYSA COMER'S VIOLATION REPORTS ROBERT S. LASNIK , District Judge . This matter comes before this Court on Defendant David Delay's "Motion Directing U.S. Probation to Disclose Marysa Comer's Violation Reports." Dkt. # 266. Defendant argues that the violation reports will likely contain impeachment evidence to which he is entitled under Brady v. Maryland , 373 U.S. 83 (1963), and Giglio v. United States , 405 U.S. 150 (1972). The government do..
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ORDER DIRECTING U.S. PROBATION TO DISCLOSE MARYSA COMER'S VIOLATION REPORTS
ROBERT S. LASNIK, District Judge.
This matter comes before this Court on Defendant David Delay's "Motion Directing U.S. Probation to Disclose Marysa Comer's Violation Reports." Dkt. # 266. Defendant argues that the violation reports will likely contain impeachment evidence to which he is entitled under Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). The government does not oppose disclosure of the violation reports in theory, but argues that the reports should not be disclosed before Ms. Comer testifies at trial (if she testifies at all). The government also asks the Court to review the probation materials in camera to determine whether they contain any impeachment evidence not already otherwise available to the defense. Dkt. # 278.
Good cause appearing, the Court hereby directs the United States Probation Office to provide copies of all bond violation reports regarding Marysa Comer, pertaining to the above-referenced cause number, to the Court for in camera review. After the Court has reviewed the reports for probative, relevant, and material information bearing on Ms. Comer's credibility, see United States v. Alvarez, 358 F.3d 1194, 1209 (9th Cir. 2004), the Court will release the appropriate information to the defense.
Source: Leagle
