Question:
My
AUSA skimps on discovery disclosure and we’re in constant discovery fights.
A week after indictment I
get a handful of FBI 302s and some redacted police reports, and a small amount of Brady and Giglio information, but the
materials provided are a far cry from “open file.” In Section 1326 cases I get the A-file on my request, but it often has important things redacted from it that I have to fight about. Should I be selecting the
“discovery limited to Rule 16” driver?
Answer: No.
The "Limited to Rule 16" driver is intended for the relatively few districts where the USAO gives
the absolute bare minimum discovery required under Federal Rule of Criminal Procedure 16, with no voluntary disclosure of any material beyond those minimum requirements.
In the above example, voluntary disclosure of Jencks
material and other discovery is beyond the strict requirements of Rule 16. That
driver would not be appropriate for this case.
.
