Court filing
ARRAIGNMENT, TRIAL SETTING, AND DISCOVERY ORDER as to Jordan Nichols.… — USA v. Sanders et al (Dkt. 100)
Filed April 11, 2024 in Sanders; one of 83 filings from this case.
Record facts
| Court | U.S. District Court records for the Western District of Missouri and Western District of Washington |
|---|---|
| Filed | 2024-04-11 |
U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 100 · 2024-04-11 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
vs.
) Case No. 24-00029-11-CR-W-BP
)
JORDAN NICHOLS,
)
)
Defendant.
)
ARRAIGNMENT, TRIAL SETTING, AND DISCOVERY ORDER
This defendant was arraigned on April 11, 2024, and entered a plea of not guilty.
I.
TRIAL SETTING
During the arraignment, the Court advised Defendant Nichols he was joined with
codefendants in this matter, and at least one defendant has previously appeared and was set on the
July 8, 2024 Joint Criminal Trial Docket. Because Defendant Nichols is joined with at least one
codefendant and no motion for severance has been granted, the Court kept this matter set for the
July 8, 2024 Joint Criminal Trial Docket. Neither Defendant nor counsel for the Government
objected to the Court setting this matter on the October docket. The court also indicated that a
Scheduling Conference would be held prior to the trial setting.1
A Scheduling Conference will be set before United States Magistrate Judge Lajuana
M. Counts on June 12, 2024 at 2:00 P.M. via Zoom.
II.
DISCOVERY
The parties are expected to comply with the following discovery deadlines contained in
1 The purpose of the Scheduling Conference is to determine if the case will be ready for trial on the initial trial setting,
and if not, to select a realistic trial date. Further continuances of the trial date selected at the Scheduling Conference
will be granted only for exceptional and unexpected circumstances. Accordingly, counsel for the defendant is
expected to have reviewed discovery and conferred with the defendant prior to the Scheduling Conference.
Case 4:24-cr-00029-BP Document 100 Filed 04/11/24 Page 1 of 6
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this Order to ensure that counsel are prepared to discuss at the Scheduling Conference the nature
and extent of discovery in the case, whether pretrial dispositive motions will be filed, the prospects
for resolution short of trial as well as any unusual issues that will need to be considered in
connection with the final trial date.
Therefore, the following discovery deadlines apply unless otherwise ordered by the Court.2
A.
DISCOVERY/DISCLOSURES PROVIDED BY THE GOVERNMENT
1.
DISCOVERY
Within ten days from the date of arraignment, the government shall disclose or make
available for inspection, copying, or photographing to defense counsel the following
information within the possession, custody, and control of the government or the existence of
which is known or by the exercise of due diligence may become known to the attorney for the
government:
a.
CONVICTIONS
i.
A copy of the prior criminal record of the defendant, if any.
b.
STATEMENTS
i.
Any written or recorded statement, or copy thereof, made by the
defendant which 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.
ii.
The substance of any oral statement made by the defendant whether
before or after arrest, to an attorney for the government, a Federal
agent, or any other law enforcement officer.
iii.
The recorded testimony of the defendant before a Grand Jury which
relates to the offense charged.
c.
OTHER DISCOVERY
i.
Any 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 and which are
material to the preparation of the defendant’s defense or are intended
2 The disclosures required by this Order are subject to the continuing duty to disclose contained in Rule 16(c) of the
Federal Rules of Criminal Procedure.
Case 4:24-cr-00029-BP Document 100 Filed 04/11/24 Page 2 of 6
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for use by the government as evidence-in-chief at the trial, or were
obtained from or belong to the defendant.
ii.
Any results or reports of physical or mental examinations, and of
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, and which are material
to the preparation of the defense or are intended for use by the
government as evidence-in-chief at the trial.
2.
EVIDENCE ARGUABLY SUBJECT TO SUPPRESSION
a.
Identify and provide a list of the physical or tangible evidence seized
pursuant to a state or federal search warrant, consent of the defendant or
of some other person, or incident to the arrest of the defendant and as to
each item described and identified provide the following:
i.
The location from which the evidence was seized;
ii.
The date and time of the search and seizure;
iii.
The name and address of the person(s) making the seizure;
iv.
The name and address of any witness(es) to the seizure; and
v.
In lieu of items (i) through (iv), the government can provide all
reports relating to any search and seizure within its possession,
custody, and control, the existence of which is known or by the
exercise of due diligence may become known to the attorney for the
government.
b.
Identify and list by date all electronic surveillance including any court
ordered interceptions of oral or wire communications, consensual
recordings of telephone conversations, body recorders, wiretaps, pen
registers or trap and trace devices, video cameras, or bank surveillance
cameras and provide the following:
i.
A description of the type of electronic surveillance;
ii.
The location of the electronic surveillance;
iii.
The date and time of the surveillance;
iv.
Copies and transcripts of any recorded conversations;
Case 4:24-cr-00029-BP Document 100 Filed 04/11/24 Page 3 of 6
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v.
All videotapes, including bank surveillance tapes;
vi.
All logs, notes, reports, or other material relating to the electronic
surveillance; and
vii. In lieu of items (i) through (vi), the government can provide all
reports relating to any electronic surveillance within its possession,
custody, and control, the existence of which is known or by the
exercise of due diligence may become known to the attorney for the
government.
c.
Disclosure of any identification procedure that has been used either by
way of lineups or photographic or voice identification and for each such
procedure provide the following information:
i.
The name and address of each identification witness;
ii.
The method of identification;
iii.
The specific items used in the identification procedure, i.e.,
photographs, tape recordings, etc.;
iv.
The date and location of the identification procedure;
v.
The results of the identification procedure;
vi
Notes, memorandum, reports and records regarding the
identification procedure; and
vii. In lieu of items (i) through (vi), the government can provide all
reports relating to any identification procedures within its possession,
custody, and control, the existence of which is known or by the
exercise of due diligence may become known to the attorney for the
government.
B.
DISCOVERY/DISCLOSURES PROVIDED BY THE DEFENDANT
1.
DOCUMENTS/REPORTS/TESTS
Upon compliance with the government’s discovery obligations under sections II.A.1.c.i or
II.A.1.c.ii above, the defendant shall permit the government to inspect, copy, or photograph the
following categories of material:
a.
Any books, papers, documents, photographs, tangible objects, or copies or
portions thereof, which are within the possession, custody, or control of the defendant and
Case 4:24-cr-00029-BP Document 100 Filed 04/11/24 Page 4 of 6
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which the defendant intends to introduce as evidence-in- chief at the trial.
b.
Any results or reports of physical or mental examinations, and of scientific
tests or experiments made, or copies thereof, within the possession or control of the
defendant, which the defendant intends to introduce as evidence-in- chief at the trial or
which were prepared by a witness whom the defendant intends to call at the trial when the
results or reports relate to that witness’s testimony.
2.
ALIBI EVIDENCE
a.
Within thirty days from the date of arraignment, the defendant shall serve
upon the government a written notice of the defendant’s intention to offer a defense of
alibi. Such notice shall state the specific place or places at which the defendant claims to
have been at the time of the alleged offense and the names and addresses of the witnesses
upon whom the defendant intends to rely to establish such alibi.
b.
Within twenty days thereafter, but in no event less than ten days before
trial, the government shall serve upon the defendant a written notice stating the names and
addresses of the witnesses upon whom the government intends to rely to establish the
defendant’s presence at the scene of the alleged offense and any other witnesses to be relied
on to rebut testimony of any of the defendant’s alibi witnesses.
c.
If prior to or during trial, a party learns of an additional witness whose
identity, if known, should have been included in the information furnished above, the party
shall promptly notify the other party of the existence and identity of such additional
witness.
C.
EVIDENCE FAVORABLE TO THE DEFENSE3
1.
BRADY EVIDENCE
Within ten days from the date of arraignment, the government is directed to disclose all
evidence favorable to the defendant within the meaning of Brady v. Maryland. The government
has an ongoing duty to provide Brady material. If additional Brady material is discovered more
than ten days after the arraignment, such information should be disclosed promptly, but in any
event within ten days of the discovery of the additional Brady material.
Re: BRADY OBLIGATION, Due Process Protections Act, Pub. L. No. 116-182 (October
21, 2020).
3 The parties are to be prepared to disclose to the Court at the scheduling conference the method used to determine
whether any Brady material exists in the government’s investigative file. The government is advised that if any portion
of the government’s investigative file or that of any investigating agency is not made available to the defense for
inspection, the Court will expect that trial counsel for the government or an attorney under trial counsel’s immediate
supervision who is familiar with the Brady doctrine will have reviewed the applicable files for purposes of ascertaining
whether evidence favorable to the defense is contained in the file.
Case 4:24-cr-00029-BP Document 100 Filed 04/11/24 Page 5 of 6
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Pursuant to the Due Process Protections Act, the Court confirms the United States’
obligation to disclose to the defendant all exculpatory evidence- that is, evidence that favors the
defendant or casts doubt on the United States’ case, as required by Brady v. Maryland, 373 U.S.
83 (1963) and its progeny, and ORDERS the United States to do so. Failure to disclose exculpatory
evidence in a timely manner may result in consequences, including, but not limited to, exclusion
of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary
action, or sanctions by the Court.
2.
ENTRAPMENT EVIDENCE
Within ten days from the date of arraignment, the government is directed to provide
discovery, inspection, and copying or photographing of any information suggesting entrapment of
the defendant which is within the possession, custody or control of the government or the existence
of which is known or by the exercise of due diligence may become known to the government
attorney.
D.
REQUIREMENTS FOR FILING DISCOVERY MOTIONS
No attorney or defendant who has been authorized by the Court to proceed pro se shall file
a discovery motion without first conferring with opposing counsel, and no motion will be
considered by the Court unless it is accompanied by a certification of such conference and a
statement of the moving party’s good faith efforts to resolve the subject matter of the motion by
agreement with opposing counsel.
E.
CERTIFICATION OF COMPLIANCE
At the Scheduling Conference, counsel for the government and for each defendant should
be prepared to certify on the record that counsel has produced all discovery in accordance with the
deadlines established in this Order. To the extent that any discovery has not been produced in
accordance with this Order, counsel will be expected to outline the nature of that discovery, the
reasons why the discovery was not produced in accordance with this Order, and the date by which
such discovery will be produced.
IT IS SO ORDERED.
DATE: April 11, 2024
/s/ W. Brian Gaddy
W. BRIAN GADDY
UNITED STATES MAGISTRATE JUDGE
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