Court filing
Order Setting Trial and Other Pre-Trial Matters — USA v. Stanley et al. (Dkt. 18, N.D. Fla.)
Filed June 28, 2022 in Felicia Stanley; one of 29 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Florida |
|---|---|
| Filed | 2022-06-28 |
U.S. District Court for the Northern District of Florida · No. 4:22-cr-00032-MW-MAF · Doc. 18 · 2022-06-28 · Docket on CourtListener
Full text
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
UNITED STATES OF AMERICA,
VS.
Case No. 4:22cr32-MW
FELICIA JACKSON STANLEY
and
WILBERT JEAN STANLEY, III,
___________________________/
ORDER SETTING TRIAL
AND OTHER PRE-TRIAL MATTERS
A.
TRIAL AND VOIR DIRE PROCEDURE:
1.
This case will be tried during the trial period commencing
August 22, 2022, in Tallahassee, Florida. The attorney conference shall
begin at 8:15 a.m. with jury selection commencing immediately thereafter.
2.
Voir Dire examinations of jurors will be conducted by the Court.
If a party wishes to submit voir dire questions for the Court’s consideration,
written questions must be filed with the Clerk of Court at least seven (7)
days prior to trial, and a copy provided to opposing counsel. At the
conclusion of the Court’s voir dire examination, counsel will be given a
reasonable opportunity to ask followup questions believed necessary
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because of answers given or other matters occurring during voir dire, not
satisfactorily explained by the Court’s inquiry.
3.
Jury selection will be specified to counsel prior to trial, but will
be conducted in one of the following ways:
a.
The entire panel will be examined after which the
attorneys will be given the opportunity to exercise their challenges.
b.
The jury box will be filled, those prospective jurors
examined, and challenges must be exercised. Those jurors excused will
be replaced and new prospective jurors will be examined. The process will
continue until the jury and alternates are selected.
Whichever procedure is followed, no back striking will be permitted.
4.
Prior to jury selection, the parties must determine whether they
will stipulate to completing the trial with less than twelve (12) jurors in the
event that sworn jurors become disabled or are excused by the Court.
B.
DISCOVERY AND INSPECTION:
1.
Any request by the Defendant for discovery under Federal Rule
of Criminal Procedure 16(a) shall be made no later than seven (7) days
after arraignment and entry of this Order, and the Government shall
provide the requested information within seven (7) days of receipt of the
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request. N.D. Fla. Loc. R. 26.2(B). If the Government complies with the
Defendant’s request for discovery under Federal Rule of Criminal
Procedure 16(a)(1)(E), (F), or (G), the Defendant must also permit
inspection by the Government pursuant to Federal Rule of Criminal
Procedure 16(b)(1)(A), (B), and (C), if requested within three (3) days of:
(a) the Government’s compliance with Defendant’s request; or (b) receipt of
Defendant’s notice pursuant to Rule 12.2(b) of intent to present expert
testimony on the Defendant’s mental condition. If so requested, the
Defendant must respond by the deadlines set forth in Local Rule
26.2(C)(1)-(3).
2.
Counsel for the parties, or the Defendant if not represented by
counsel, shall agree on the time, place, and manner of the disclosure of
such evidence, information, or discovery and of any inspection and copying
or photographing required. The parties' attention is directed to Federal
Rule of Criminal Procedure 16(c) and (d).
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C.
BRADY MATTERS:
Pursuant to the Due Process Protections Act, the Court confirms the
United States’ obligation to produce all exculpatory evidence to the issues
of guilt or punishment to the Defendant without regard to materiality within
7 days of arraignment, or promptly after acquiring knowledge thereof. See
Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963);
United States v. Agurs, 427 U.S. 97, 96 S. Ct. 2392, 49 L. Ed. 2d 342
(1976). Failing to do so in a timely manner may result in consequences,
including, but not limited to, exclusion of evidence, adverse jury
instructions, dismissal of charges, contempt proceedings, or sanctions by
the Court.
D.
NOTICE OF INSANITY DEFENSE, MENTAL CONDITION, OR
ALIBI DEFENSE:
If Defendant intends to assert an insanity defense or introduce expert
evidence relating to a mental disease, defect, or other mental conduction
bearing on guilt or, in a capital case, punishment, Defendant must give
written notice to the Government within 14 days of arraignment and file a
copy of the notice with the Clerk of Court. A Defendant must give written
notice of an intended alibi defense within 14 days of receipt of the
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Government’s request made pursuant to Federal Rule of Criminal
Procedure Rule 12.1.
E.
MOTIONS BEFORE TRIAL:
All pretrial motions permitted or required under the Federal Rules of
Criminal Procedure must be filed no later than fourteen (14) days after the
date of this Order, unless a different time is prescribed by the Federal
Rules of Criminal Procedure, an Act of Congress, the Local Rules of this
Court, or by the Court at the time of arraignment. Counsel's attention is
particularly directed to N.D. Fla. Loc. R. 6.1 and 7.1.
F.
MOTIONS IN GENERAL:
Pursuant to Local Rule 7.1(B)-(D), all motions must include a written
certificate confirming that counsel for the moving party has conferred in
good faith with opposing counsel, or an unrepresented Defendant if not in
custody, in an effort to resolve by agreement the subject matter of the
motion. All motions must be supported by a memorandum of no more than
8,000 words, and motions which require evidentiary support shall be
accompanied by a signed statement of facts relied upon for the motion.
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G. PLEA BARGAINING:
The parties shall immediately advise the Court's judicial assistant and
the Clerk of the Court of any plea bargain agreement and arrange for the
re-arraignment of the Defendant in sufficient time prior to trial to permit the
excusing of witnesses and jurors and revision of the Court calendar should
the negotiated plea be acceptable to the Court. Such arrangement, unless
the Court otherwise provides, shall be accomplished no later than four (4)
calendar days prior to the trial date set in this order.
Absent exceptional circumstances that are both unforeseeable and
unforeseen, a notice of Defendant’s intention to plead guilty is considered
“timely” for purposes of United States Sentencing Guidelines § 3E1.1(b)
only if provided on or before the fourth business day prior to the scheduled
trial to both (a) the Court’s judicial assistant or courtroom deputy clerk
and (b) counsel for the Government.
H.
ATTIRE:
Defendants, like all other parties, ordinarily should dress for court in
suitable business attire. Defendants who are in custody are responsible for
making their own arrangements for clothing. Neither the Court nor the
United States Marshals Service provide clothing for Defendants to wear in
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Court. Defendants who fail to make advance arrangements for clothing will
be tried in prison attire. Trials will not be continued because of a
Defendant’s failure to arrange for clothing.
I.
CONTINUING NATURE OF THIS ORDER:
To the extent matters are addressed with this Order, it is continuing in
nature inclusive of trial.
DONE AND ORDERED on June 28, 2022.
s/ Martin A. Fitzpatrick
MARTIN A. FITZPATRICK
UNITED STATES MAGISTRATE JUDGE
Case No. 4:22cr32-MW
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