Discovery and Disclosure Constitutional Obligation
(a) Required Disclosures.
(1) Initial Disclosure.
(A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties:
(i) the name and, if known, the address and telephone number of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment;
(ii) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment;
(iii) a computation of each category of damages claimed by the disclosing party—who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and
(iv) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.
Constitutional obligation to ensure a fair trial and disclose material exculpatory and impeachment evidence. Government disclosure of material exculpatory and impeachment evidence is part of the constitutional guarantee to a fair trial. Brady v. Maryland, 373 U.S. 83, 87 (1963); Giglio v. United States, 405 U.S. 150, 154 (1972). The law requires the disclosure of exculpatory and impeachment evidence when such evidence is material to guilt or punishment. Brady, 373 U.S. at 87; Giglio, 405 U.S. at 154. Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995). Neither the Constitution nor this policy, however, creates a general discovery right for trial preparation or plea negotiations. U.S. v. Ruiz, 536 U.S. 622, 629 (2002); Weatherford v. Bursey, 429 U.S. 545, 559 (1977)
Department of Justice Disclosure Policy
Exculpatory and impeachment evidence is material to a finding of guilt—and thus the Constitution requires disclosure—when there is a reasonable probability that effective use of the evidence will result in an acquittal. U.S. v. Bagley, 475 U.S. 667, 676 (1985). Because it is sometimes difficult to assess the materiality of evidence before trial, prosecutors generally must take a broad view of materiality and err on the side of disclosing exculpatory and impeaching evidence. Kyles, 514 U.S. at 439.
Chandran V United States of America
September 20 2022
The Discovery Status Hearing was held without the defendant being present on the call. The Prosecution had stated that 250 Million documents were sent regarding bank accounts. Defense stated that they have not received any reviewable evidence as it concerns exculpatory evidence, Brady Material or evidence to determine privacy concerns. The Prosecution is delaying additional disclosure due to some protocol involving access to electronic devises. The Discovery Status Hearing is continued, at the expense of the defendant, for another 60 days, 90 days suggested by the Magistrate Judge. All of which are subject to The Speedy Trial act of 1974, Administrative law, abrogating the Civil Liberty of the 6th Amendment right of the defendant. Next hearing to be held on November 15th 2022 over the phone again.
Violation of Procedural Due Process Creating
Possible Constitutional Violations of Mr. Neil Suresh Chandran
1. 4th Amendment Unlawful Seizure of Property
Under Forfeiture Codes
2. 5th Amendment Violation of Due Process
3. 6th Amendment No Counsel or Choice of Counsel
4. 8th Amendment No Bail Granted, Magistrate Gave No Reason
Other than Another Court's Opinion