Court filing
Scheduling Order as to Brandon Jamal Thurmond — USA v. Thurmond et. al. (Dkt. 29, S.D. Ga.)
Filed April 21, 2023 in USA v. Thurmond et. al.; one of 46 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Georgia |
|---|---|
| Filed | 2023-04-21 |
U.S. District Court for the Southern District of Georgia · No. 1:23-cr-00021-JRH-BKE · Doc. 29 · 2023-04-21 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION UNITED STATES OF AMERICA v. CASE NO.: 123-021 BRANDON JAMAL THURMOND La’KYERA Me’LIKA THURMOND SCHEDULING AND DISCOVERY ORDER In consideration of the Federal Rules of Criminal Procedure, the Local Criminal Rules, and the discussion at the arraignments on April 17, 2023 and April 20, 2023, the Court enters the following deadlines, findings, and instructions. EVENT DEADLINE Government Notice (Fed. R. Evid. 404(b)) May 8, 2023 Pretrial Motions by All Parties July 17, 2023 Government Expert Disclosures (Fed. R. Crim. P. 16(a)(1)(G)) July 17, 2023 Status Report (No Motions Filed) July 24, 2023 Responses to Pretrial Motions July 31, 2023 Status Report (Motions Filed) August 7, 2023 Defense Expert Disclosures (Fed. R. Crim. P. 16(b)(1)(C)) September 15, 2023 Status Report. The parties shall submit the attached status report on the date set forth above, and failure to do so may result in the Court terminating all outstanding motions as resolved or waived. Speedy Trial Findings. The Court finds, as a matter of fact and law, the time the parties requested to review discovery, prepare and file pretrial motions, and obtain expert witness Case 1:23-cr-00021-JRH-BKE Document 29 Filed 04/21/23 Page 1 of 5 2 reports is not for the purpose of delay, but in the furtherance of justice, and to protect Defendant’s right to a fair trial. The Court also finds the request is for the purpose of allowing reasonable time necessary, assuming the exercise of due diligence, for counsel to effectively prepare their case in that counsel needs additional time to review discovery, prepare and file pretrial motions, and obtain expert witness reports. Therefore, pursuant to 18 U.S.C. § 3161(h)(7), and on the basis of the Court’s finding that the ends of justice served by granting the extension outweigh the best interests of the public and Defendant in a speedy trial, the Court grants the requested time. The period of time—April 17, 2023 through and including September 15, 2023—is excluded in computing the time within which trial of this matter may commence. Pretrial Motion Instructions. A party must file a separate motion for each form of relief sought; consolidated motions are not permitted. A responding party may file a consolidated response to multiple motions when doing so does not create confusion or ambiguity. In multi-defendant cases, a defendant shall not file a motion that merely adopts or incorporates by reference a motion or argument by a co-defendant. Each defendant must file a separate motion containing a complete discussion of the evidence and arguments. The Clerk assigns a unique number to each defendant in a multi-defendant case. For example, in case 4:23- CR-55, the Clerk assigns the number one to the first defendant: 4:23-CR-55-001. All motions and responses in multi-defendant cases must include the defendant-specific case number . The Government and defense counsel are reminded of their responsibility under Federal Rule of Criminal Procedure 16.1 and Local Criminal Rule 16.1 to confer regarding discovery. Considering the Government’s customary practice of providing liberal discovery, many (if not all) routine discovery motions may be satisfied without the need for Court intervention. Case 1:23-cr-00021-JRH-BKE Document 29 Filed 04/21/23 Page 2 of 5 3 Rule 5 Instruction. In accordance with Fed. R. Crim P. 5(f)(1), the Court confirms the prosecutor’s obligation to produce all exculpatory evidence to the defense in accordance with Brady v. Maryland, 373 U.S. 83 (1963) and its progeny. Failure to timely perform these obligations may result in consequences, including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, or sanctions. Given this confirmation, generalized motions seeking assurance of the Government’ s compliance are unnecessary. Proposed Voir Dire and Jury Charges. Unless otherwise instructed by the presiding District Judge, counsel shall file all requests to charge and proposed voir dire questions at least seven days before jury selection. Witness Subpoenas. Counsel representing indigent defendants must make requests for witness subpoenas or writs for the production of prisoner witnesses at least fourteen days before the evidentiary hearing or trial. Requests for witness subpoenas must articulate specific facts demonstrating both the relevancy and necessity of the requested witnesses’ testimony. SO ORDERED this 21st day of April, 2023, at Augusta, Georgia. Case 1:23-cr-00021-JRH-BKE Document 29 Filed 04/21/23 Page 3 of 5 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA Choose an item. DIVISION UNITED STATES OF AMERICA v. CASE NO.: :-CR- , Defendant. JOINT STATUS REPORT I. Date of Status Report Conference: _______________ II. Conference Attendees: Name Role III. Pretrial Motions. ܆ All pretrial motions have been satisfied or otherwise resolved. ܆ The parties have not resolved the following pretrial motions(s) and will require a ruling from the Court to settle the actual controversy or dispute: Motion Title and Docket Number Opposed Oral Argument Requested Evidentiary Hearing Requested Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Case 1:23-cr-00021-JRH-BKE Document 29 Filed 04/21/23 Page 4 of 5 5 Complete Remaining Portions Only In Judge Baker Cases IV. Are the parties prepared to proceed to trial? If so, list three potential dates for a telephonic status conference with the presiding District Judge. Yes/No Dates for Telephonic Conference V. Do the parties believe the case will result in a negotiated plea agreement and, if so, do the parties request additional time (not to exceed 30 days) for further plea negotiations and how much time do the parties request? Yes/No Additional Time Requested This day__________ /s/ Assistant United States Attorney /s/ Defense Counsel Case 1:23-cr-00021-JRH-BKE Document 29 Filed 04/21/23 Page 5 of 5
File and source
- File
- gov.uscourts.gasd.89394.29.0.pdf
- Size
- 204,529 bytes
- SHA-256
- c25f34a8aefab357fc30b90eb782813791879885a670243bcd707690215cc3ec
- Our copy
- gov.uscourts.gasd.89394.29.0.pdf
- Original
- PACER (login required)