Opinion
Case No. CR2-08-223(1).
November 17, 2009
ORDER
This matter came before the Court by way of Defendant's requests for hearings on: 1) Defendant's Motion to Suppress Eyewitness Photographic Identifications; 2) Motion to Suppress Statements; 3) Motion for Hearing to Determine Questions of Admissibility; and 4) Motion to Sever Defendant's Counts.
I. TRIAL DATE
This case is reset for trial on Monday, December 14, 2009 at 9:00 a.m. In the event that Defendant's Motion to Sever Counts is granted, and multiple trials are required, the trials will be held on a trailing docket, with the second trial (if necessary) beginning immediately upon completion of the first, and the third trial (if necessary) immediately following completion of the second.
II. MOTIONS
All briefs opposing all motions submitted by Defendant shall be filed on or before November 20, 2009. Reply briefs shall be filed on or before November 24, 2009.
A plenary hearing on Defendant's Suppression Motions (Dkts. 104 105) will be held on Monday, November 30, 2009 at 9:00 a.m. A hearing on Defendant's Motion to Sever Defendant's Counts will be held on Monday, November 30, 2009 immediately following the plenary suppression hearing. An evidentiary hearing on Defendant's Motion to Determine Questions of Admissibility will be held on Monday, November 30, 2009 immediately following the hearing on Defendant's Motion to Sever Counts.
III. PLEA NEGOTIATIONS AND PLEA AGREEMENT
Plea agreement discussions between the Assistant U.S. Attorney and the attorney for the defendant, pursuant to Rule 11(E), Federal Rules of Criminal Procedure, shall be commenced as soon as practicable. If a plea agreement is reached, notice thereof shall be given to the Court forthwith and a change of plea will be scheduled. Counsel are instructed to comply with District Order 815 dealing with pleas of guilty offered pursuant to a plea agreement, and pleas of guilty offered in the absence of a plea agreement.
IV. MOTION FOR CONTINUANCE
Any motion for a change of the trial date shall be in writing and shall be made at least ten days prior to the scheduled trial date and set forth those factors listed in Title 18 U.S.C. § 3161(h)(8)(B), which the movant contends support the motion.
V. PRETRIAL
This matter is set for a Final Pretrial Conference on Friday, December 4, 2009 at 10:00 a.m. Counsel shall be prepared to discuss the following matters:
(A) Motions In Limine
(B) Stipulations
(C) Contested Legal Issues
(D) Length of Trial
(E) Voir Dire
(1) Procedure
(2) Number of Alternates
(F) Need for Audio-Visual Equipment or Other Special Equipment
(G) Jury Instructions
(H) Miscellaneous Issues
VII. TRIAL PROCEDURES
Counsel are instructed to review thoroughly the attached trial procedures, fully incorporated into this Order, which set out the procedures to be followed at trial. The Order further notes that the following items must be filed with the Court on or before December 7, 2009: (A) Proposed Jury Instructions
(B) Stipulations
(C) List of Exhibits
Parties are reminded that all deadlines set forth in this Order are firm. The parties SHALL file or submit to the Court's chambers all required documents by the dates set forth in this order unless prior approval of the Court for filing on a later date has been obtained from the Court.