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Criminal Procedure – Discovery

By: WISCONSIN LAW JOURNAL STAFF//March 31, 2015//

Criminal Procedure – Discovery

By: WISCONSIN LAW JOURNAL STAFF//March 31, 2015//

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U.S Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure – Discovery

Even if the government failed to comply with its discovery obligations, it was not error to admit evidence in rebuttal, where the defendant was warned of that possibility.

“[E]ven if the government did not comply with Rule 16, that does not mean that the district court erred in admitting the x-ray as rebuttal evidence. Trial courts have ‘discretion to fashion
a remedy for the government’s noncompliance with Rule 16, and this court will not disturb the district court’s decision absent a showing of abuse of discretion and prejudice.’ United States
v. Warren, 454 F.3d 752, 760 (7th Cir. 2006) (citations omitted); see United States v. Breland, 356 F.3d 787, 797 (7th Cir. 2004). Tomkins has not made that showing here. Even though
Tomkins was pro se, the court’s refusal to allow the x-ray during the government’s case-in-chief and clear warning that the x-ray could come in as rebuttal evidence provided a reasonable
remedy for any Rule 16 violation. The court’s rulings allowed Tomkins adequate opportunity to adjust his defense, especially since Tomkins must have known how the contents of the device had
been arranged. Although Tomkins sought a new trial, that remedy is appropriate ‘only when “all other, less drastic remedies are inadequate.”’ Warren, 454 F.3d at 760 (quoting United States
v. De La Rosa, 196 F.3d 712, 715 (7th Cir. 1999)). Tomkins has failed to convince us that the less drastic remedy adopted by the district court was unreasonable.”

Affirmed.

13-2234 U.S. v. Tomkins

Appeal from the United States District Court for the Northern District of Illinois, Dow, J., Tinder, J.

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