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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Jensen Farms 404(b) Notice

Pretrial notice of 404(b) material is required so that Defendants, Jensen brothers, are not subjected to a “trial by ambush.” See, United States v. Kelly, 420 F.2d 26, 29 (2nd Cir. 1969). To prevent the introduction of such evidence, and to head off time-consuming and potentially prejudicial contests before the jury over the admissibility of such evidence, the Prosecution routinely sets forth the facts and evidence it intends to rely on. The right of the accused to be advised of such evidence prior to trial arises from basic rights under the Fifth and Sixth Amendments. These include the right to notice of the nature and cause of the accusation, the right to prepare a defense, the right to confrontation of witnesses, the right to effective assistance of counsel, and the right to trial in accordance with due process of law.  See, United States v. Baum, 482 F.2d 1325 (2nd Cir. 1973).  Here is the Jensen Farms 404(b) Notice.