George
03/28/2022 JOURNAL ENTRY
The Court having previously granted the Defendant's Motion No. 76, entitled "DEFENDANT'S MOTION IN LIMINE REQUESTING A PRE-TRIAL EVIDENTIARY HEARING TO DETERMINE THE ADMISSIBILITY OF SHOEPRINT EVIDENCE AND OPINIONS, the parties have agreed that the "Daubert" hearing concerning the admissibility of shoeprint evidence and opinions would be held on either April 4 or April 5, 2022.
Subsequently, the parties informed the Court that the date of April 5 had been chosen by the parties. It is therefore ORDERED that the "Ðaubert" hearing pursuant to Defendant's Motion No. 76 will be held on April 5, 2022, commencing at 9:00 o'clock a.m.
Upon agreement of the parties, it is further ORDERED that the following motions are also hereby scheduled for hearing on April 5, 2022, commencing at 9:00 o'clock, or as soon thereafter as the same can be heard on that day:
Defendant's Motion No. 78, entitled "DEFENDANT'S MOTION FOR PROPOSED JURY INSTRUCTION" (re: testimony of accomplice)
Defendant's Motion No. 79, entitled "DEFENDANT'S MOTION FOR PROPOSED JURY INSTRUCTION" (re: punishment based upon "immutable characteristics")
Defendant's Motion No. 83, entitled: "DEFENDANT'S MOTION FOR CHANGE OF VENUE"
Defendant's Motion No. 84, entitled "DEFENDANT'S MOTION TO COMPEL ALL
BRADY OR INFORMANT DISCOVERY"
Brady Rule.
The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. A "Brady material" or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused--evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.