Brandon and Gregory Case Motion
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aswarren77Brandon and Gregory Case Motion
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aswarren77Case: 43CI1:22cr00159 Document #: 140 Filed: 03/07/2024 Page 1 of 3
IN THE CIRCUIT COURT OF LINCOLN COUNTY, MISSISSIPPI
STATE OF MISSISSIPPI §
§
vs Cause No. 2022-159-LS §
§
BRANDON GREGORY CASE AND §
GREGORY CHARLES CASE §
Defendant §
MOTION TO DISMISS
Comes Defendant, Gregory Case, by and through his attorney, and files this his Motion to
Dismiss. In support of this motion, Defendant would show as follows:
1. Defendant, and his son, Brandon Case were indicted on November 15, 2022.
2. Trial was set for August 15, 2023.
3. At the trial, it was determined that certain discovery had not been provided to the
Defendant before trial, and the Court, on Motion of Defendants, Gregory Case and Brandon
Case, granted a mistrial.
4. The mistrial declared on August 17, 2023 was clearly the fault of Detective/Investigator
for the city of Brookhaven.
5. He admitted on the witness stand that he had failed to provide certain information to the
defense.
6. Sometime after the mistrial, on the November 17, 2023, the State provided its 3rd
Supplemental Response to Discovery.
7. Later the State provided even more information that was not initially provided.
8. The State's non-disclosure is in violation of the Rules of Criminal Procedure and the case
law. State v. King 656, So. 2d 1168 (Miss. 1995) stands for the authority that an investigator is a
part of the prosecution team.
9. Bridgemon v. State 58 So. 3d 1208 (Miss. Appeal 2010) states a "Brady violation" can
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Case: 43CI1:22cr00159 Document #: 140 Filed: 03/07/2024 Page 2 of 3
occur even if evidence is withheld in good faith.
10. Delay in this case is solely the fault of the State and has caused delay and harm to both
Defendants.
WHEREFORE PREMISES CONSIDERED, the Court should dismiss the indictment as filed
against by Defendants in this matter.
Respectfully Submitted,
Gregory Case, Defendant
BY:
BY:
Terrell Stubbs (MSB# 8017)
P.O. Box 157
Mendenhall, MS 39114
P. 601-847-4811
F. 601-847-5938
[email protected]
@srml�s
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Case: 43CI1:22cr00159 Document #: 140 Filed: 03/07/2024 Page 3 of 3
CERTIFICATE OF SERVICE
I, the undersigned, attorney of record for the Defendant, Gregory Case, do hereby certify
that I have this day served, by United States Mail, postage prepaid, and/or electronic transmission
a true and correct copy of the foregoing Defendant's Motion for Reduction of Bond to the
following:
Honorable Brendon Adams
districtattomey@msdal 4. us
Honorable Dan Kitchen
[email protected]
This the
�
Y of --�--J
_____�, 2024.
�LL STUBBS, MB# 8017
Attorney for Defendant
THE STUBBS LAW FIRM, PLLC
120 W. Court Avenue
Post Office Box 157
Mendenhall, MS 39114
P: 601-847-4811
F: 601-847-5938
www.thestubbslawfirm.com
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