STATE OF NORTH CAROLINA
COUNTY OF NEW HANVOER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
STATE OF NORTH CAROLINA
)
VS. )
WILLIAM DAWSON GAGE )
MOTION TO COMPEL THE
) PRODUCTION OF EXCULPATORY
) EVIDENCE, RECORDS & PAPERS
THE ACCUSED, by and through his undersigned attorney, pursuant to the Due Process Clause of the Fourteenth Amendment to the United States Constitutions as interpreted in Brady v. Maryland, 373 U.S. 83, S. Ct. 1194, 10 L. Ed. 2d 215 (1963) and its progeny, does hereby request that this Honorable Court direct the government to furnish and make available for inspection and/or copying as soon as possible prior to the trial of this case, any evidence, material, or information within the possession, custody or control of the government, or that by the exercise of reasonable diligence may be obtained by the government, that is favorable to or exculpates in any way the Defendant or tends to establish a defense in whole or in part to the allegations in the charge or may help the Defendant avoid conviction or mitigate punishment.
Decisions interpreting Brady have held that exculpatory information includes the following items:
a) exculpatory statements or statements of an exculpatory nature the defendant made to law enforcement officers at any time, United States v. Severdija, 790 F. 2d 1556 (11th Cir. 1986);
b) evidence that is inconsistent with the government’s theory of prosecution, Ham v. State, 760 S.W. 2d 55 (Tex. App. Amarillo 1988); and
c) names and addresses of eyewitnesses whom the prosecution does not intend to call at trial, United States v. Cadet, 727 F. 2d 1453 (9th Cir. 1984).
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Subsequent decisions of the Supreme Court interpret Brady materials also to encompass impeachment materials regarding government witnesses, United States v. Bagley, 473 U.S. 667,87 L. Ed. 2d 481, 105 S, Ct. 5735 (1985); Giglio v. United States, 405 U.S. 150, 31 L. Ed. 2d 104, 92 S. Ct. 763 (1972).
Impeachment materials include, among other things:
a) prior convictions of witnesses, United States v. Stroop, 121 F.R.D. 269 (E.D.N.C. 1988);
b) prior material acts of misconduct of a witness, Id.;
c) pending criminal charges against a witness, United States v. Towne, 870 F. 2d 880 (2d. Cir. 1989); State v. Murray, 27 N.C. App. 103, 218 S.E. 2d 189 (1975);
d) evidence that a witness has a character trait for dishonesty, United States v. LaRouche Campaign, 695 F. Supp. 1290 (D. Mass. 1988);
e) evidence that a witness has a motive to fabricate testimony, United States v. Kehn, 799 F. 2d. 354 (7th Cir. 1986);
f) that a witness is suffering from, or has suffered from any type of mental health problem, Chavis v. North Carolina, 637 F. 2d. 213 (4th Cir. 1980); and
g) any prior inconsistent statements of a witness, Tanner v. State, 556 So. 2d 681 (Miss. 1990).
WHEREFORE, the accused requests that the Honorable Court grant
his Motion for Disclosure of Brady materials.
Respectfully submitted this 15th day of October 2024.
—
William Dawson Gage, defendant
513 Orange Street
Wilmington, NC 28401-4609
(910)3225853 | (910)5246115
dawson@orangestreetlawschool.org
dawsongage@gmail.com | @gageagainst
orangestreetlawschool.org
freestyleking.info
radiofreewilmington.org
soundcloud.com/dawson-gage
youtube.com/@dawsongage X______________________
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Thomas Goolsby
Counsel for Defendant
Goolsby Law Firm
212 Walnut Street #100
Wilmington, NC 28401
(910)2627401
thom@goolsbylaw.com X_______________________
Certificate of Service
The undersigned defendant hereby certifies that a copy of the foregoing Motion was delivered to the Office of the District Attorney, 6th Prosecutorial District, or was hand delivered to the Assistant District Attorney assigned to this case, on the 15th day of October 2024.
X
Dawson Gage, defendant
6046 Leeward Lane
Wilmington, NC 28409
(910)3225853