United States v. Buckler
3:09-cr-00045
| W.D. Ky. | Feb 10, 2011Background
- Buckler is charged with two counts of preparing false tax returns under 26 U.S.C. § 7206(2).
- Buckler moves to compel production of exculpatory evidence under Brady and Giglio; Government responds resisting disclosure.
- Trial date set for February 22, 2011, in Louisville, Kentucky.
- Buckler seeks statements contradicting the government's case, exculpatory information, leniency promises to witnesses, witnesses’ criminal histories, and non-conspirator evidence.
- Court analyzes Brady/Giglio and Jencks Act to determine pretrial disclosure rights and whether relief is warranted.
- Court DENIES Buckler’s motion while encouraging early disclosure of Jencks Act materials and compliance with Brady/Giglio and Rule 16.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Buckler is entitled to pretrial production of Brady/Giglio materials. | Buckler seeks exculpatory/impeachment evidence pretrial. | Buckler argues for broad Brady/Giglio disclosure. | Denied; court notes ongoing government obligation but no pretrial compulsion. |
| Whether Jencks Act conditions pretrial disclosure of witness-related materials. | Jencks limits pretrial disclosure of such materials. | Jencks Act controls timing of production. | Pretrial production not required; Jencks materials may be delayed but encouraged early production. |
| Whether the court should order a hearing on Brady/Giglio compliance. | Requests a hearing to enforce obligations. | No hearing needed absent clear noncompliance. | No hearing required; relief available only with clear evidence of noncompliance. |
| Whether the Court should grant relief beyond denial of the motion. | Immediate access to materials. | Sufficient to rely on government compliance. | Relief denied; government to comply with Brady/Giglio and Rule 16; encourage early Jencks disclosure. |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (Supreme Court 1963) (exculpatory evidence must be disclosed if material to guilt or punishment)
- Giglio v. United States, 405 U.S. 150 (Supreme Court 1972) (impeachment evidence relevant to credibility must be disclosed)
- United States v. Bencs, 28 F.3d 555 (6th Cir. 1994) (materiality tied to guilt or punishment; impeachment allowed)
- United States v. Agurs, 427 U.S. 97 (Supreme Court 1976) (government must disclose favorable evidence that is material)
- Schledwitz v. United States, 169 F.3d 1003 (6th Cir. 1999) (recognizes impeachment evidence admissibility under Brady/Giglio)
- United States v. Presser, 844 F.2d 1275 (6th Cir. 1988) (Jencks Act compliance timing; pretrial disclosure not required)
- United States v. McCullah, 745 F.2d 350 (6th Cir. 1984) (pretrial witness identities not disclosed; Jencks scope limited)
- United States v. Dark, 597 F.2d 1097 (6th Cir. 1979) (Jencks Act restrictions on pretrial impeachment material)
- United States v. Conder, 423 F.2d 904 (6th Cir. 1970) (pretrial disclosure limits for impeachment materials)