Brief — United States v. Tracy D. Wade (Dkt. 123, S.D. Fla. No. 0:23-cr-60173)

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 123 · 2024-07-31 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
UNITED STATES OF AMERICA,              Case No. 23-cr60173-Williams/Graham                               
 
Plaintiff, 
v. 
 
CAROLYN DENISE WADE, 
and TRACY D. WADE, 
                   
Defendants. 
__________________________/                  
 
DEFENDANTS’ COUNSEL MEMORANDUM OF GOOD CAUSE1 
 
 
The undersigned counsel, Johnny L. McCray, Jr., Esq., files this Memorandum  
 
of Good Cause, as follows: 
 
1. This Honorable Court issued an Order on July 25, 2024, directing the parties to  
 
appear on July 30, 2024, for a conference call regarding the status of this case.  
 
2. The undersigned was not in attendance at the meeting; as a result, this  
 
Honorable Court issued an Order on July 30, 2024, requiring counsel for defendants to  
 
file within three days of the date the July 30th Order a memorandum showing good  
 
cause for their failure to appear at the scheduled status conference. The order  
 
further provide that “Failure to comply with this Order may result in sanctions  
 
imposed against counsel”. 
 
3. Counsel was unaware of the Order because he was in Fort Myers, Lee County  
 
Florida, on Wednesday afternoon, July 24, 2024, for a long-scheduled Stand-Your  
 
Ground-Hearing, which convened Thursday morning, July 25, 2024, at 9:00 a.m., in  
 
 
 
1 The undersigned counsel would respectfully request this Memorandum be accepted on behalf of co-counsel, 
Daryl Wilcox, Esq., for the reasons set forth in this memorandum. 
Case 0:23-cr-60173-KMW   Document 123   Entered on FLSD Docket 07/31/2024   Page 1 of 4

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USA v. Wade,  
Case No 23-cr60173-Williams/Graham 
Memorandum of Good Cause                                                      
 
the case of State of Florida v. Joshara Harris, Case No. 21-010420 CF, Judge  
 
Branning). 
 
4. The undersigned returned to Broward County the next day, Friday, and after  
 
two quick state court hearings that morning went straight home well before noon  
 
because he was not feeling well. The undersigned was still unaware of the Order  
 
issued on July 25, 2024.  
 
5. The undersigned had a scheduled doctor’s appointment for July 22, 2024, with  
 
his urologist Monday morning but canceled it because he was feeling much better. 
 
6. On Tuesday, July 30, 2024, the undersigned was in a scheduled jury trial all day  
 
in Broward County in State of Florida v. Albert Lee Hill, Jr., Case No. 23-9334 MM10A,  
 
Judge Jill Levy. 
 
7. The undersigned, a member of the Florida Bar for over 42 years and a solo  
 
practitioner for 38 years, has never and would never knowingly or willfully miss or  
 
forego a scheduled hearing.  
 
8. The undersigned extends his sincerest and utmost apologies to the Court and  
 
the prosecution and will monitor his computer more vigilantly to ensure he does not  
 
miss future court orders or important dates. 
 
9. Sadly, co-counsel, Mr. Daryl Wilcox, is currently in ICU at a local hospital in  
 
Broward County and has been there since Sunday, July 28, 2024, with a serious  
 
medical condition. Last evening, he was placed on a ventilator to help with his  
 
breathing. 
 
 
Case 0:23-cr-60173-KMW   Document 123   Entered on FLSD Docket 07/31/2024   Page 2 of 4

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USA v. Wade,  
Case No 23-cr60173-Williams/Graham 
Memorandum of Good Cause       
                                                
 
10. In speaking with Mr. Wilcox on Saturday, before he became ill, he never  
 
mentioned the July 25th court order setting the status conference. Typically, we keep  
 
each other abreast of new dates and developments in this case. 
 
11.  It certainly was not the intent of the undersigned counsel to disregard or  
 
disrespect a court order. 
 
 
WHEREFORE, the undersigned counsel respectfully submits the above as good  
 
cause for not appearing at the court-ordered calendar call on July 25, 2024. 
 
 
 
 
 
 
 
 
By: s/Johnny L. McCray, J. Esq.     
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on July 31, 2024, I electronically filed the 
foregoing motion/document with the Clerk of the Court using CM/ECF. I 
also certify that the foregoing motion/document is being serving on all 
counsel of record via transmission of Notices of Electronic Filing 
generated by CM/ECF or in some other authorized manner for those 
counsel or parties who are not authorized to receive electronic Notices 
of Electronic Filing, on this 31st day of July, 2024. 
. 
 
 
 
 
 
 
 
 
Case 0:23-cr-60173-KMW   Document 123   Entered on FLSD Docket 07/31/2024   Page 3 of 4

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/s/ Johnny L. McCray, Jr.____ 
Johnny L. McCray, Jr., Esquire  
Florida Bar No. 342319 
Law Office of Johnny L. McCray, Jr., P.A. 
400 East Atlantic Boulevard  
Pompano Beach, Florida 33060 
Tel: (954) 781-3662 
Fax: (954) 786-2289                                                       
mccrayjlaw@gmail.com 
 
cc: Client 
 
 
 
 
 
 
 
Case 0:23-cr-60173-KMW   Document 123   Entered on FLSD Docket 07/31/2024   Page 4 of 4

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