U.S.v.Timms

United States District Court, E.D. North Carolina, Western DivisionMay 20, 2011
No. 5:08-HC-2156-BO (E.D.N.C. May. 20, 2011)

No. 5:08-HC-2156-BO.

May 20, 2011


ORDER


TERRENCE BOYLE, District Judge

This matter is before the Court on Defendant's Motion for Discovery Pursuant to Brady v. Maryland, 373 U.S. 83 (1963). (DE # 66). The Respondent's Motion is DENIED.

Respondent is one of the dozens of detainees in this District currently awaiting a hearing for the determination of whether he is "sexually dangerous" under The Adam Walsh Child Protection and Safety Act of 2006. On April 14, 2011, this Court held that the United States Constitution's Fifth Amendment Due Process Clause requires application of the Brady Doctrine to these detainees.United States v. Edwards, ___ F.Supp.2d ___, 2011 WL 1454077 (E.D.N.C.).

Thus, the Government is already constitutionally obligated to disclose any and all exculpatory material under the Brady Doctrine in this case. A court order is accordingly unnecessary to trigger this obligation. Therefore, the Respondent's Motion is Denied.

SO ORDERED.