Scheduling Order as to Desmond Dondre Williams Jury Trial set — USA v. Williams (Dkt. 16, M.D. Fla.)

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U.S. District Court for the Middle District of Florida · No. 3:22-cr-00134-HLA-MCR · Doc. 16 · 2022-10-19 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
JACKSONVILLE DIVISION 
 
UNITED STATES OF AMERICA  
 
vs. 
CASE NO. 3:22-cr-134-HLA-MCR 
DESMOND DONDRE WILLIAMS 
 
 
 
NEW STANDING ORDER PERTAINING TO MOTIONS 
AND NOTICES OF HEARING AND TRIAL 
 
I.  OMNIBUS HEARING 
 
Defense counsel shall have three (3) days from the date hereof to notify the United 
States of America if the Omnibus Procedure is elected.  This should be done orally and 
confirmed in writing. If the United States of America has not previously indicated whether 
it also elects Omnibus, it shall do so on the day of the receipt of the above information 
orally and confirm in writing.  If the parties agree to proceed under the Omnibus procedure, 
counsel for all parties shall meet together and complete reciprocal discovery as promptly 
as possible.  Not later than two (2) days before the scheduled hearing, the parties shall 
file with the Court the Omnibus Hearing Form prepared in accordance with the instructions 
attached thereto. 
Each party may, if they so desire, file any briefs or memoranda with citations of 
authorities and argument in support of any motions made.  The Court, however, will 
consider oral argument at the time of the hearing in lieu of any written brief or 
memorandum. 
II.  RULES - DISCOVERY UNDER STANDING ORDER 
 
If any party fails to affirmatively elect Omnibus Discovery, the Court assumes it has 
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NEW STANDING ORDER PERTAINING TO MOTIONS AND NOTICE 
 
OF HEARINGS AND TRIAL 
 
Revised 12/23/10 
2 
 
been rejected.  Under these circumstances, the defendant(s) may accept the following 
discovery by filing with the Court a Notice of Acceptance of General Discovery within ten 
(10) days hereof, or as otherwise directed by the Court.  Within the same time period, the 
defendant(s) may file any additional motions concerning matters not covered by this Order. 
A. 
Within ten (10) 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 
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NEW STANDING ORDER PERTAINING TO MOTIONS AND NOTICE 
 
OF HEARINGS AND TRIAL 
 
Revised 12/23/10 
3 
 
5. 
books, papers, documents, photographs, tangible objects, buildings, 
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. 
Within ten (10) days from the filing of the Notice of Acceptance of General 
Discovery, the Government shall furnish the defendant(s) such copy 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. 
C. 
The Government shall provide reasonable notice in advance of and at least 
10 days before trial of 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, 
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NEW STANDING ORDER PERTAINING TO MOTIONS AND NOTICE 
 
OF HEARINGS AND TRIAL 
 
Revised 12/23/10 
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for impeachment, or possible rebuttal, pursuant to Rule 404 (b), Federal 
Rules of Evidence.  Such notice may be made during trial if the Court 
excuses pretrial notice on good cause shown. 
D. 
Not later than five (5) 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). 
E. 
Where so stated, the Government shall exercise due diligence to make 
known the matters covered by this Order. 
F. 
Upon compliance by the Government with Paragraphs A.5 and A.6 of this 
Order, the defendant(s), within five (5) 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  
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  
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NEW STANDING ORDER PERTAINING TO MOTIONS AND NOTICE 
 
OF HEARINGS AND TRIAL 
 
Revised 12/23/10 
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witness' testimony. 
G. 
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. 
H. 
In accordance with Rule 12.2 of the Federal Rules of Criminal Procedure, 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) days of the date hereof. 
I. 
In accordance with Rule 12.1 of the Federal Rules of Criminal Procedure, 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) days from the service of said written demand.  Upon 
receipt of the notice of alibi by the Government, the provisions of Rule 
12.1(b), Federal Rules of Criminal Procedure, shall be complied with. 
III.  RULES - DISCOVERY BY WRITTEN MOTIONS 
 
If any party fails to elect to accept Omnibus Discovery, and the defendant(s) elects 
not to accept Rules - Discovery Under Standing Order, as stated in Part II, the defendant(s) 
shall file motions for Discovery, Suppression, Return of Property, Bill of Particulars, 
Dismissal, Defenses, Objections and any other pretrial matter within ten (10) days hereof, 
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NEW STANDING ORDER PERTAINING TO MOTIONS AND NOTICE 
 
OF HEARINGS AND TRIAL 
 
Revised 12/23/10 
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or as otherwise directed by the Court. 
IV.  HEARINGS AND TRIAL 
 
Unless otherwise indicated below, the following proceedings will be held in the 
United States Courthouse, 300 North Hogan Street, Jacksonville, Florida. 
A. 
*OMNIBUS OR DISCOVERY HEARING: 
*DEFENDANTS ARE NOT REQUIRED TO BE PRESENT AT THE 
OMNIBUS OR DISCOVERY HEARING. 
 
*DISCOVERY MOTIONS TO BE FILED BY: 
NOVEMBER 1, 2022 
 
 
 
Date: To be set if motions are filed. 
 
 
 
Courtroom Number: 5C, 
(5th Floor) 
 
DISPOSITIVE MOTIONS, MOTION FOR THE DISTRICT JUDGE AND 
MOTIONS TO SUPPRESS ARE TO BE FILED BY:   NOVEMBER 1, 2022 
 
B. 
SUPPRESSION HEARING: 
 
 
Date: To be set by Judge Adams if motions are filed. 
 
 
 
Courtroom Number: 10A, (10th Floor) 
 
 
 
ALL PLEA AGREEMENTS MUST BE REVIEWED, SIGNED AND FILED 
WITH THE CLERK NO LATER THAN CLOSE OF BUSINESS  ON FRIDAY 
PRECEDING THE DATE OF TRIAL TERM. 
 
 
 
COUNSEL ARE PLACED ON NOTICE THAT THE COURT WILL NOT 
CONSIDER PLEA AGREEMENTS FILED AFTER THIS DEADLINE. 
 
 
 
COUNSEL ARE DIRECTED TO BE AS DILIGENT AS POSSIBLE IN 
SCHEDULING CHANGE OF PLEA HEARINGS BEFORE THE UNITED STATES 
MAGISTRATE JUDGES. 
 
C. 
Trial Term Commencing On: 
 
 
Date: DECEMBER 5, 2022 
 
Time: 9:00 A.M. 
 
 
 
 
ALL DEFENDANTS AND ALL ATTORNEYS IN THE CASE MUST BE 
PRESENT AT THE HEARING AND AT THE TRIAL. 
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NEW STANDING ORDER PERTAINING TO MOTIONS AND NOTICE 
 
OF HEARINGS AND TRIAL 
 
Revised 12/23/10 
7 
 
 
DONE AND ORDERED at Jacksonville, Florida, this 18th day of October, 2022. 
 
 
By: s/SS 
 
 
 
 
 
Deputy Clerk 
Copies to: 
Honorable Henry Lee Adams 
United States District Judge 
Mary Oliver, Judicial Assistant 
Counsel of Record 
United States Probation Office 
United States Marshal Service 
United States Pretrial Services 
 
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