The Law Center objected to the proposed sealing of exhibits to a motion to compel discovery in United States v. Miske, 19-CR-99 DKW-KJM. In his motion to compel discovery, the Defendant claimed that the discovery was so redacted that he could not identify witnesses, violating his constitutional rights to due process and a fair trial. In the motion to seal, the Defendant claimed that the discovery exhibits should not be disclosed because the public may be able to identify witnesses to the case. The motion to seal is assigned to Judge Kenneth J. Mansfield. The Law Center’s motion was filed under 22-MC-08. On January 28, 2022, Judge Mansfield denied the motion to seal without prejudice. Defendant subsequently appealed that order to Judge Derrick K. Watson. On April 8, 2022, Judge Watson denied the appeal. As permitted by rule, Defendant subsequently withdrew the proposed sealed exhibits from the Court’s consideration.
- Motion to Compel Discovery (12/27/21)
- Motion to Seal Exhibits (12/20/21)
- CBLC Objection (1/7/22)
- Defendant’s Reply in Support of Sealing (1/17/22)
- Order Denying Without Prejudice Motion to Seal Exhibits (1/28/22)
- Appeal and Request to the District Court to Reconsider a Pretrial Matter Determined by the Magistrate Judge (2/11/22)
- Government’s Memorandum [supporting Defendant’s appeal] (2/14/22)
- CBLC Opposition (2/25/22)
- Order Remanding Decision of Magistrate Judge for Further Clarification (3/2/22)
- Clarification of the Court’s Order Denying Without Prejudice Motion to Seal Exhibits (3/4/22)
- Defendant’s Renewed Appeal (3/18/22)
- Government’s Memorandum [supporting Defendant’s renewed appeal] (3/24/22)
- CBLC Opposition to Renewed Appeal (4/1/22)
- Order Denying Appeals of Magistrate Judge Orders (4/8/22)
- Defendant’s Letter Withdrawing Exhibits (4/12/22)