U.S. v. Spicer

Full title: UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL A. SPICER, Defendant

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Jan 13, 2009

Case No. CR2-07-244 (S.D. Ohio Jan. 13, 2009)

Opinion

Case No. CR2-07-244.

January 13, 2009

ORDER

ALGENON MARBLEY, District Judge

This matter came before the Court by way of Defendant's Oral Motion for a Continuance of the Trial Date and Suppression Hearing. The Court GRANTS said motion and reschedules the Trial in this case for Monday, February 23, 2009 at 9:00 a.m.

I. 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 the 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.

II. SUPPRESSION HEARING

The Suppression Hearing in this case is rescheduled for Wednesday, February 18, 2009 at 9:00 a.m. in Courtroom 1, before the Honorable Algenon L. Marbley.

III. PRETRIAL

This matter is set for Final Pretrial Conference on Wednesday, February 18, 2009 immediately following the Suppression Hearing. 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

IV. TRIAL PROCEDURES

Counsel are instructed to review thoroughly the attached trial procedures, fully incorporated into this Order, which sets 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 February 11, 2009:

(A) Motions In Limine

(B) Proposed Jury Instructions

(C) Stipulations

(D) 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 these orders unless prior approval of the Court for filing on a later date has been obtained from the Court.