Doesn't look like the defendant is on the property of 203 Main Street, as claimed in the false 911 call by Clyde Long does it, Mr. Deputy DA?
Tulelakenews.com Todays News: November 22, 2019 KLAMATH FALLS, OR—
COMES NOW, Defendant JAMES CHARLES GARLAND; and pursuant to Federal Rule of Criminal Procedure, Rule 16, and Brady v. Maryland, 373 U.S. 83(1963), and moves this honorable Court to order the State to produce to him any evidence that is exculpatory or favorable to him and any evidence that could lead to evidence that is exculpatory or favorable, specifically all email, text and phone calls by specific members of the Klamath Falls Police Department, 911 dispatch recordings and Clyde Long’s sworn affidavit under penalty of perjury claiming defendant was trespassing when and where and all videos and or audio recordings taken by Clyde Long or other witnesses against Defendant, JAMES CHARLES GARLAND and in support asserts the following:
Material or information in the hands of the prosecution is discoverable “where the evidence is material to guilt or to punishment.” It includes evidence “favorable to the accused either direct or impeaching’. Brady v. Maryland, 373 U.S.83,83 S.Ct.1194, 10 L.Ed.2d.215(1963); Giles v. Maryland,386 U.S.66.76 (1967); Giglio v United States, 405 U.S. 150(1972) Kyles v Whitley, 514 U.S.419(1995). The obligation to disclose favorable evidence to the accused is that the State and failure to disclose such information is not excused merely because the prosecutor did not have actual knowledge of such favorable evidence. United States v Auten, 632 F.2d 478(5th Cir,1980) Rhinehart v. Rhay,440 F.2d 725 (9th Cir.1971), cert. den.404 U.S. 825. “The duty of disclosure effects not only the prosecutor, but the State as a whole, including its investigative agencies’. United States v. Bryant, 439 f.2d 642, 658 (DC Cir.1971)
Once again be sure and thank the Deputy DA of Klamath County Ben Lykins for the great use of wasting your tax dollars on case #19CR45438.
Good job of wasting tax dollars Deputy DA of Klamath County Ben Lykins.
Related Link: The truth and nothing but the truth...
Related Link: Clyde Long makes False 911 Call and Deputy DA does nothing about it
Related Link: 9th Amendment Bench Bullies Part Three
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