Opinion
No. 2:04-cr-0317 LKK.
February 6, 2006
DANIEL J. BRODERICK, Acting Federal Defender, JEFFREY L. STANIELS, Assistant Federal Defender, Designated Counsel for Service, Sacramento, California, Attorney for Defendant JASON WILKISON.
ORDER CONSENTING TO VIDEO DEPOSITION
Acting through their respective counsel, Assistant United States Attorney Kymberly A. Smith, counsel for plaintiff, and Assistant Federal Defender Jeffrey L. Staniels, counsel for defendant JASON S. WILKISON, the parties have agreed to take the video deposition of a medically incapacitated defense witness Phyllis Brown, and have scheduled it to be taken at the witness' nursing home in Grass Valley, California, on February 17, 2006.
Federal Rule of Criminal Procedure 15(h) permits the taking and use of a deposition by agreement of the parties and with the court's consent. Trial confirmation in the above matter is now scheduled for February 28, 2006; trial is scheduled for March 21, 2006.
Pursuant to the parties' request and as provided in Federal Rule of Criminal Procedure 15(h) the Court hereby consents to the taking of the agreed upon deposition and the use of relevant portions of that deposition at trial in lieu of the personal appearance of the witness.
IT IS SO ORDERED.