Scheduling Order as to Deconna Burke Status Conference set — USA v. Burke (Dkt. 13, M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 3:23-cr-00068-TJC-MCR · Doc. 13 · 2023-04-25 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
JACKSONVILLE DIVISION 
 
UNITED STATES OF AMERICA  
 
vs. 
CASE NO. 3:23-cr-68-TJC-MCR 
DECONNA BURKE 
 
 
 
JUDGE CORRIGAN'S STANDING ORDER PERTAINING TO 
DISCOVERY, MOTIONS, HEARINGS, CONFERENCES AND TRIAL 
 
I.  HEARINGS, CONFERENCES AND TRIAL 
 
A. 
DISCOVERY MOTIONS TO BE FILED BY:  MAY 9, 2023 
 
 
 
(Any necessary hearing will be set by separate notice)* 
 
B. 
DISPOSITIVE MOTIONS, MOTIONS TO SUPPRESS AND OTHER NON-
DISCOVERY MOTIONS ARE TO BE FILED BY:  MAY 9, 2023 
 
 
 
(Any necessary hearings will be set by separate notice) 
 
C. 
STATUS CONFERENCE*: 
 
 
Date: JUNE 20, 2023 
Time: 4:00 P.M. 
 
 
Courtroom Number:     10D (10th Floor)      
 
ALL CHANGE OF PLEA HEARINGS SHALL BE SCHEDULED AS SOON 
AS POSSIBLE BEFORE THE ASSIGNED MAGISTRATE JUDGE 
 
D. 
Trial Term Commencing On: 
 
 
Date: JULY 3, 2023 
Time: 9:00 A.M. 
 
 
Courtroom Number:    10D, (10th Floor) 
 
 
300 North Hogan Street, Jacksonville, Florida 
 
 
 
*Defendants are not required to be present at Discovery Hearings or  
 
Status Conferences. 
 
II.  RULES - DISCOVERY UNDER STANDING ORDER 
 
Defendant(s) may accept the following discovery by filing with the Court a Notice of 
Acceptance of General Discovery within ten (10) working days hereof, or as otherwise 
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directed by the Court.  Within the time frame established in Part I of this Order, any party 
may file additional motions concerning discovery matters not covered by this Order or to 
seek a revision of the discovery deadlines established in this Order. 
A. 
Within ten (10) working days from the filing of the Notice of Acceptance of 
General Discovery, the Government shall disclose to the defendant(s) and 
make available for inspection, copying, or photographing: 
1. 
any relevant written or recorded statement made by the defendant(s), 
or copies thereof, within the possession, custody or control of the 
Government, the existence of which is known, or by the exercise of 
due diligence may become known, to the attorney for the Government; 
and 
2. 
that portion of any written record containing the substance of any 
relevant oral statement made by the defendant whether before or after 
arrest in response to interrogation by any person then known to the 
defendant to be a government agent; 
3. 
the substance of any other relevant oral statement, if the Government 
intends to use that statement at trial (including for impeachment), 
made by the defendant(s) whether before or after arrest in response 
to interrogation by any person then known to the defendant(s) to be a 
Government agent; and 
4. 
recorded testimony of the defendant(s) before a grand jury which 
relates to the offense charged; and 
5. 
books, papers, documents, photographs, tangible objects, buildings, 
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or places or copies or portions thereof, which are within the 
possession, custody or control of the Government, which: 
a. 
are material to the preparation of the defense; or 
b. 
are intended for use by the Government as evidence in its case 
in chief; or 
c. 
were obtained from or belong to the defendant; and 
6. 
results or reports of physical or mental examinations, and scientific 
tests or experiments, or copies thereof, which are within the 
possession, custody or control of the Government, the existence of 
which is known, or by the exercise of due diligence may become 
known, to the attorney for the Government, which: 
a. 
are material to the preparation of the defense; or 
b. 
are intended for use by the Government as evidence in its case 
in chief. 
B. 
No later than twenty (20) working days before trial (unless this deadline is 
modified upon good cause shown) the government should comply with Rule 
16(a)(1)(G), Fed.R.Crim.P., regarding disclosure of a written summary of the 
testimony of expert witnesses.  No later than five (5) working days before 
trial (unless this deadline is modified upon good cause shown) the 
defendant(s) should comply with the reciprocal disclosure provisions 
concerning experts contained in Rule 16(b)(1)(C), Fed.R.Crim.P. 
C. 
Within ten (10) working days from the filing of the Notice of Acceptance of 
General Discovery, the Government shall furnish the defendant(s) such copy 
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of his prior criminal records, if any, as is within the possession, custody, or 
control of the Government, the existence of which is known, or by the 
exercise of due diligence may become known, to the attorney for the 
Government. 
D. 
The Government shall provide reasonable notice in advance of and at least 
ten (10) working days before trial the general nature of any evidence of other 
crimes, wrongs or acts which it intends to introduce at trial, either in its case 
in chief, for impeachment, or possible rebuttal, pursuant to Rule 404 (b), 
Fed.R.Evid.  Such notice may be made during trial if the Court excuses 
pretrial notice on good cause shown. 
E. 
Not later than five (5) working days before trial, the Government shall reveal 
to the defendant(s) all information and material known to the Government 
which may be favorable to the defendant(s) on the issue of guilt or 
punishment within the scope of Brady v. Maryland, 373 U.S. 83 (1963). 
F. 
Where so stated, the Government shall exercise due diligence to make 
known the matters covered by this Order. 
G. 
Upon compliance by the Government with Paragraphs A.5 and A.6 of this 
Order, the defendant(s), within five (5) working days after said compliance, 
shall permit the Government to inspect and copy or photograph:  
1. 
Books, papers, documents, photographs, tangible objects, or copies 
or portions thereof, which are within the possession, custody, or 
control of the defendant(s), and which the defendant(s) intends to 
introduce in his case in chief at trial; and  
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2. 
Results or reports of physical or mental examinations and of scientific 
tests or experiments made in connection with this case, or copies 
thereof, within the possession or control of the defendant(s), which:  
a. 
the defendant(s) intends to introduce as evidence in his case in 
chief at trial; or  
b. 
were prepared by a witness whom the defendant(s) intends to 
call at the trial when the results or reports relate to that witness' 
testimony. 
H. 
If, prior to or during trial, a party discovers additional evidence or material 
previously required to be disclosed by Order of this Court, he shall promptly 
notify the attorney for the other party, or the defendant(s), if he or she is not 
represented by counsel, of the existence of the additional evidence or 
material. 
I. 
In accordance with Rule 12.2, Fed.R.Crim.P., if the defendant(s) intends to 
rely upon the defense of insanity at the time of the alleged crime, or if he 
intends to introduce expert testimony relating to a mental disease, defect, or 
other condition bearing upon the issue of his mental state, he should comply 
with the notification procedure as set forth in said Rule within ten (10) working 
days of the date hereof. 
J. 
In accordance with Rule 12.1, Fed.R.Crim.P., if the Government makes a 
written demand concerning an alibi, the defendant shall comply with the 
notification procedure set forth in said Rule within fourteen (14) working days 
from the service of said written demand.  Upon receipt of the notice of alibi 
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by the Government, the provisions of Rule 12.1(b), Fed.R.Crim.P., shall be 
complied with. 
K. 
The Court strongly encourages the Government to agree to produce Jencks 
Act materials before required to do so to give defendant(s) sufficient time to 
effectively utilize them in preparation for trial.  In the typical case (where 
there are no witness safety or other concerns), disclosure should be made at 
least five (5) working days before trial (earlier disclosure may be appropriate 
in a given case).  The parties are also strongly encouraged, but not required, 
to agree to a reciprocal witness list exchange five (5) working days before 
trial.  (In any event, witness lists must be provided by all parties at the 
commencement of trial.) 
III.  RULES - DISCOVERY BY WRITTEN MOTIONS 
 
If the defendant(s) elect not to accept Rules - Discovery Under Standing Order as 
stated in Part II, the defendant(s) shall file motions for Discovery within the time provided 
in Part I of this Order. 
DONE AND ORDERED at Jacksonville, Florida, this 25th day of April, 2023.  
 
 
 
 
 
By: s/SS 
 
 
 
 
Deputy Clerk 
 
Copies to: 
Honorable Timothy J. Corrigan 
United States District Judge 
Kerri Hatfield, Courtroom Deputy 
Counsel of Record 
United States Probation Office 
United States Marshal Service 
United States Pretrial Services 
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