Court filing
Information - United States v. Maurice Fayne related docket
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2021-10-28 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 257 · 2021-10-28 · Docket on CourtListener
Summary
Part 2 of 2 of the transcript of a July 27, 2020 status conference by Zoom videoconference before U.S. Magistrate Judge Linda T. Walker in United States of America v. Maurice Fayne, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, filed October 28, 2021 as Document 257. Assistant United States Attorneys Michael John Brown, John Russell Phillips and Bernita Malloy appear for the government, and the defendant appears pro se. The judge notes that the defendant wishes to represent himself until he can retain an attorney and says she will leave to Judge Larkins whether to appoint stand-by counsel. She anticipates a government request for a protective order and orders the defendant not to record the proceedings. The six-page transcript is certified by the official court reporter on October 26, 2021.
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Full text
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
United States of America, ZOOM VIDEOCONFERENCE
vs. Docket No.
1:20-cr-00228-MHC-JKL
Maurice Fayne,
Defendant. PART 2 OF 2
TRANSCRIPT OF STATUS CONFERENCE
HELD BY ZOOM VIDEOCONFERENCE
BEFORE THE HONORABLE LINDA T. WALKER
UNITED STATES MAGISTRATE COURT JUDGE
MONDAY, JULY 27, 2020
Appearance of Counsel:
For the Plaintiff: Michael John Brown, Esq.
John Russell Phillips, Esq.
Bernita Malloy, Esq.
Assistant United States Attorneys
For the Defendant: Pro Se
Judith M. Wolff, CRR
Official Court Reporter
1914 United States Courthouse
75 Ted Turner Drive, S.W.
Atlanta, Georgia 30303
judith_wolff@gand.uscourts.gov
TRANSCRIBED FROM DIGITALLY-RECORDED AUDIO
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Case 1:20-cr-00228-MHC-JKL Document 257 Filed 10/28/21 Page 1 of 6
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(Court was called to order.)
COURTROOM DEPUTY: Your Honor, if we could wait just
one more second, Mr. Brown would like to attend as well. He
will be with us shortly.
(Pause.)
COURTROOM DEPUTY: Your Honor, Ms. Malloy is
entering, and she should be here shortly.
(Pause.)
COURTROOM DEPUTY: Your Honor, I believe all
participants are present.
Thank you, your Honor.
THE COURT: Okay. We're waiting on Mr. Fayne?
COURTROOM DEPUTY: Mr. Fayne, if you could move your
computer so that we can see you.
Mr. Brown and Ms. Malloy, if you could please unmute.
Thank you.
THE COURT: Good morning.
The Court calls the case of United States of
America vs. Maurice Johnson Fayne, also known as Arkansas Mo.
This is criminal indictment No. 1:20-cr-228.
The Court would note for the record that we have, on
behalf of the government, Russell Phillips, Bernita Malloy,
and Michael Brown.
On behalf of the defendant, the Court would note at
this juncture Mr. Fayne has indicated his desire to represent
USA v Fayne July 27, 2020 Status Conference
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Case 1:20-cr-00228-MHC-JKL Document 257 Filed 10/28/21 Page 2 of 6
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himself in this action until such time as he is able to retain
an attorney.
I considered appointing stand-by counsel, which is
normally what happens in these cases, but I will speak to the
judge who has been assigned to this case, and that is Judge
Larkins, to see whether or not he would like to follow up with
this and whether or not he wants to assign stand-by counsel.
Mr. Fayne, stand-by counsel is someone to help you in
case you have questions until such time as you are able to
retain an attorney. This is somebody who you can ask
questions of and someone you can run ideas freely and discuss
the evidence in the case with if you have legal questions.
I spoke to you earlier regarding the fact that you
don't have any legal training, but you feel comfortable enough
to proceed on your own, again, until such time as you're able
to retain an attorney.
So unless you tell me now, I'll let the judge who is
assigned the case decide whether or not to appoint stand-by
counsel to assist you, if you need it. Okay.
THE DEFENDANT: Yes, ma'am.
THE COURT: Okay. So that's it.
He has been arraigned. I understand that more than
likely what will happen, I anticipate -- but again, this can
be something that the magistrate judge, which is Judge
Larkins, again, Mr. Fayne can take up whether or not -- more
USA v Fayne July 27, 2020 Status Conference
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Case 1:20-cr-00228-MHC-JKL Document 257 Filed 10/28/21 Page 3 of 6
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than likely what normally happens in these cases, too, is that
the government is going to probably ask for a protective order
with regard to dissemination of some of the evidence against
you if you are appearing on your own behalf, pro se.
So that's where we are. And I will inform Judge
Larkins as to whether or not he wants to me to handle it or if
he is going to go ahead and do that because he may have all
the parties in for a pretrial conference or something.
Okay. Any questions.
MR. PHILLIPS: We understand, your Honor. That's
fine with us.
THE COURT: Okay. Any questions, Mr. Fayne?
THE DEFENDANT: I understand.
THE COURT: Okay. If there is nothing else in front
of me, everybody have a good day.
MS. MALLOY: You too, your Honor.
MR. PHILLIPS: Thank you, Judge.
THE COURT: Mr. Fayne, let me just say, I told you
earlier when we were one-on-one, ex parte in-camera hearing
that the proceedings are recorded, but I tell this not just
you, but any pro se party that is appearing before the Court,
you are not allowed to videotape or to record any of the court
proceedings. Do you understand that?
Whether it's with me or as you are going forward with
the other judges. Okay? That will be a direct order of the
USA v Fayne July 27, 2020 Status Conference
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Case 1:20-cr-00228-MHC-JKL Document 257 Filed 10/28/21 Page 4 of 6
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Court. You are not allowed to record the proceedings; do you
understand?
THE DEFENDANT: Yes, ma'am.
THE COURT: Okay. Thank you.
If there is nothing else, have a good day.
Bye-bye.
MR. BROWN: Thank you, Judge.
MS. MALLOY: Thank you, Judge.
(Proceedings were adjourned at 10:45 a.m.)
USA v Fayne July 27, 2020 Status Conference
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Case 1:20-cr-00228-MHC-JKL Document 257 Filed 10/28/21 Page 5 of 6
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TRANSCRIBER'S CERTIFICATION
I, Judith M. Wolff, a Certified Realtime Reporter,
with offices in Atlanta, Georgia, do hereby certify:
That I transcribed the proceedings digitally recorded
on Monday, July 27, 2020, in the matter of USA vs. Maurice
Fayne, aka Arkansas Mo, Case No. 1:20-cr-00228-MHC;
That said audio recording of the proceedings were
reduced to typewritten form by me;
That "indiscernible audio" designations are the
result of technological limitations beyond my control;
And that the foregoing transcript is a true and
accurate record of the proceedings.
Date: October 26, 2021
s/ JUDITH M. WOLFF, CERTIFIED REALTIME REPORTER
Signature of Transcriber
USA v Fayne July 27, 2020 Status Conference
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Case 1:20-cr-00228-MHC-JKL Document 257 Filed 10/28/21 Page 6 of 6File and source
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