Court filing

Order Setting Hearing via Video Conference — United States v. David Tyler Hines (Dkt. 34, S.D. Fla.)

Summary

An order setting a hearing by video conference, entered 01/20/2021 as Document 34 in United States v. David Tyler Hines, Case 1:21-cr-20011-DPG in the U.S. District Court for the Southern District of Florida. Citing Administrative Order 2020-95 and limits on scheduling hearings with defendants in custody at FDC-Miami, the court sets Hines's change of plea hearing for February 10, 2021 at 11:00 a.m., by video conference if COVID-19 restrictions remain. It reminds remote observers that recording and rebroadcasting proceedings is prohibited. It explains how a defendant may consent to a remote hearing, including electronic signature or signature by counsel, and attaches a blank waiver of physical presence and consent form under the CARES Act for Hines to return before the hearing.

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Filed January 20, 2021 in Hines; one of 85 filings from this case.

Record facts

Court	U.S. District Court for the Southern District of Florida
Filed	2021-01-20

Cite this document

“Order Setting Hearing via Video Conference — United States v. David Tyler Hines (Dkt. 34, S.D. Fla.).” U.S. District Court for the Southern District of Florida, No. 1:21-cr-20011-DPG, Doc. 34, filed 2021-01-20. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-hines-flsd-584464/2021-01-20-information-doc-34/, SHA-256 559e7b2438f786600c6775dc6cf5cf7d1017f196af5ada4056c9a0e35bd21c78.

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Full text

UNITED STATES DISTRICT COURT   
      
SOUTHERN DISTRICT OF FLORIDA 
                  
 
 
   
       
         CASE NO. 21-20011-CR-COOKE 
 
UNITED STATES OF AMERICA, 
  
 
 
 Plaintiff,                                     
Vs. 
 
 
 
                  
 
DAVID TYLER HINES,    
 
 
 
 
 
                   Defendant(s). 
______________________________________________ / 
 
 
 
ORDER SETTING HEARING VIA VIDEO CONFERENCE 
 
THIS CAUSE came before the Court sua sponte. Given United States District Court, 
Southern District of Florida’s Administrative Order 2020-95 entered on December 7, 2020; 
and calendar restrictions in the Court’s ability to schedule hearings with defendants in 
custody at FDC-Miami, it is 
 
ORDERED AND ADJUDGED that the change of plea hearing in this matter is 
scheduled for February 10, 2021 at 11:00 a.m. If present COVID-19 restrictions are still in 
place, the hearing may be held via video conference, with instructions to follow. Persons 
granted remote access to proceedings are reminded of the general prohibition against 
photographing, recording, and rebroadcasting court proceedings. Violation of these 
prohibitions may result in sanctions, including removal of court-issued media credentials, 
restricted entry to future hearings, denial of entry to future hearings, or any other sanctions 
deemed necessary by the Court. 
 
IT IS FURTHER ORDERED as follows: 
 
Because the CARES Act does not require the consent of a defendant to be in writing, 
such consent may be obtained in the form most practicable under the circumstances, if the 
defendant’s consent is clearly reflected in the record; 
Case 1:21-cr-20011-DPG   Document 34   Entered on FLSD Docket 01/20/2021   Page 1 of 4

 
If a written waiver is required, and if obtaining an actual signature is impractical 
given the health and safety concerns presented: (i) a defendant may sign a document 
electronically; or (ii) defense counsel may sign on the defendant’s behalf if the defendant, 
after an opportunity to consult with counsel, consents; and 
 
Defendant shall return the attached form at least one day prior to the scheduled 
hearing. 
 
DONE AND ORDERED in Miami, Florida, this 20th day of February 2021. 
 
 
 
 
 
 
 
Cc: Counsel of record. 
 
 
 
Case 1:21-cr-20011-DPG   Document 34   Entered on FLSD Docket 01/20/2021   Page 2 of 4

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 21-20011-COOKE 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
v. 
 
DAVID TYLER HINES, 
 
Defendant. 
 
____________________________________/ 
 
WAIVER OF PHYSICAL PRESENCE IN COURT AND CONSENT TO APPEAR 
BY VIDEO OR TELECONFERENCE UNDER THE CARES ACT, PUB. L. NO. 
116-136, 134 STAT. 281 
 
 
COMES NOW Defendant David Tyler Hines, who states: 
 
1. I have read the Indictment/Information/Petition (or it was read to me) and 
understand the charges that have been brought against me. 
 
2. I have consulted with my attorney.  I understand that I am guaranteed the right to be 
present at all criminal proceedings if my presence is critical to the outcome of the 
proceeding and would contribute to the fairness of the proceeding.  
 
3. I understand that the guaranteed right to be present means the right for me to be 
present, in person in the courtroom, with my attorney, the prosecutor, and the judge.  
 
4. I understand that I can waive the guaranteed right to appear in person and consent 
to appear, at today’s hearing, by video teleconference or telephone conference. 
 
5. I ____waive ____ do not waive (check one) my right to be present, in person in the 
courtroom, 
for 
today’s 
proceeding(s) 
(name 
proceeding(s)):  
_________________________________________________________________, 
and/or for all proceedings on Exhibit A attached hereto identified by checkmark and 
the initials of the Defendant and/or Defendant’s attorney. 
 
6. I ____ consent ____ do not consent (check one) to appearing by video 
teleconference or telephone conference if video teleconference is not reasonably 
available for today’s proceeding(s) (name proceeding(s)):  
_________________________________________________________________,  
 
 
Case 1:21-cr-20011-DPG   Document 34   Entered on FLSD Docket 01/20/2021   Page 3 of 4

 
 
___________________________________ 
_________________________________ 
    Defendant’s Signature1  
 
 
Defense Counsel’s Signature 
 
 
 
___________________________________ 
_________________________________ 
   Defendant’s Name (printed) 
 
     Defense Counsel’s Name (printed) 
 
 
___________________________________ 
_________________________________ 
 
   
       Date 
 
 
 
 
 
       Date 
 
 
 
ACCEPTED BY: 
 
 
 
______________________________________  
_________________________ 
MARCIA G. COOKE 
 
 
 
 
Date 
UNITED STATES DISTRICT JUDGE 
 
 
 
 
 
 
 
 
 
 
1 Due to the COVID-19 pandemic, conformed signatures by permission will be accepted.  If signed by 
permission, defense counsel represents that Defendant gave express permission to apply his or her 
signature. 
Case 1:21-cr-20011-DPG   Document 34   Entered on FLSD Docket 01/20/2021   Page 4 of 4

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SHA-256: 559e7b2438f786600c6775dc6cf5cf7d1017f196af5ada4056c9a0e35bd21c78
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