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Pretrial and Trial Management Order — No. 0:26-cr-00033 (Dkt. 12, E.D. Ky.)

Summary

A Pretrial and Trial Management Order, Doc #: 12 in United States v. Timmy G. Robinson, Jr., No. 0:26-cr-33-DLB, in the U.S. District Court for the Eastern District of Kentucky, filed June 18, 2026 after a not-guilty plea at arraignment. It sets the Final Pretrial Conference for July 31, 2026, and the Jury Trial for August 10, 2026, before United States District Judge David L. Bunning. It directs Rule 16 discovery within ten (10) days of arraignment, defensive motions within thirty (30) days, motions in limine by the Final Pretrial Conference, and Brady, Jencks Act and Rule 404(b) procedures. Later sections cover exhibit and witness lists, rearraignment motions at least forty-eight (48) hours before the conference, and jury selection with six (6) government and ten defense peremptory challenges for twelve (12) jurors and two (2) alternates. The order runs 9 pages.

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Full text

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                           UNITED STATES DISTRICT COURT
                           EASTERN DISTRICT OF KENTUCKY
                                NORTHERN DIVISION
                                    at ASHLAND

CRIMINAL CASE NO. 0:26-cr-33-DLB

UNITED STATES OF AMERICA                                                              PLAINTIFF


vs.                 PRETRIAL AND TRIAL MANAGEMENT ORDER


TIMMY G. ROBINSON, JR.,                                                             DEFENDANT


                                 ******************

       The Defendant having been arraigned in this action and having pled not guilty, the Court

enters this general order governing discovery and pretrial and trial procedures for criminal actions.

Accordingly, it is hereby ORDERED as follows:

       1.      Assignment of Final Pretrial and Jury Trial Dates.

               a.      This case is set for Final Pretrial Conference on Friday, July 31, 2026, at

       11:00 a.m. at the United States District Court in Ashland, Kentucky, before United States

       District Judge David L. Bunning.

               b.      This case is set for Jury Trial on Monday, August 10, 2026, at 1:00 p.m.

       at the United States District Court in Ashland, Kentucky, before United States District

       Judge David L. Bunning. Counsel shall be present in Court at 12:30 p.m.

       2.      Pretrial Discovery and Inspection. An order of the Court is not required to obtain

discovery under Federal Rule of Criminal Procedure 16. A party need only make a “request” to

initiate the process; therefore, unless the parties disagree regarding the scope of discovery, a
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motion is not required. Accordingly, pursuant to Rule 16 and applicable case law, the parties shall

conduct pretrial discovery and inspection in the following manner:

               a.     The Government. Within ten (10) days after arraignment, the Assistant

       United States Attorney and defense counsel shall confer and, upon request, the United

       States shall produce all items discoverable pursuant to Rule 16(a) of the Federal Rules of

       Criminal Procedure.

               b.     The Defendant. Within ten (10) days after the arraignment, the Assistant

       United States Attorney and defense counsel shall confer and, upon request and satisfaction

       of other predicates to reciprocal discovery, the Defendant shall produce all items

       discoverable pursuant to Rule 16(b) of the Federal Rules of Criminal Procedure.

               c.     Declined disclosure. If, in the judgment of the United States or the

       Defendant, it would not be in the interests of justice to make any one or more disclosures

       as required by this Order and/or Rule 16 and requested by opposing counsel, disclosure

       may be declined. A declination of any requested disclosure shall be in writing, directed to

       opposing counsel, and signed personally by the Assistant United States Attorney assigned

       to the case or the defense attorney. The declination shall also specify the types of disclosure

       that are declined. If the opposing side seeks to challenge the declination, the opposing side

       shall proceed pursuant to subsection (d) below.

               d.     Additional discovery or inspection. If additional discovery or inspection

       is sought by either party and such request is declined, the parties shall confer and attempt

       to resolve the dispute in a cooperative atmosphere without recourse to the Court. In the

       event the parties are unable to resolve the dispute informally, the party seeking discovery

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    may file an appropriate written motion with the Court not later than five (5) days prior to

    the Final Pretrial Conference, specifying the details of the dispute and legal authority

    supporting disclosure.

           e.      Jencks Act. Access to “statements” by witnesses is governed by the Jencks

    Act, 18 U.S.C. § 3500, and Federal Rule of Criminal Procedure 26.2, which statutory and

    rule provisions the Court applies as written.

           f.      Brady material. Pursuant to Brady v. Maryland, 373 U.S. 83 (1963), the

    United States shall produce all Brady material in the following manner:

                   (1)       pretrial disclosure of any Brady material discoverable under Rule
                             16(a)(1);

                   (2)       disclosure of all other Brady material “in time for effective use at
                             trial”;

                   (3)       if the Government is unsure as to the nature of the evidence and the
                             proper time for disclosure, then it may request an in camera hearing
                             for the purpose of resolving this issue; and,

                   (4)       failure to disclose Brady material at a time when it can be effectively
                             used may result in a recess or a continuance so that the Defendant
                             may properly utilize such evidence.

           g.      Rule 404(b) evidence. Upon service of a request from the Defendant for

    notice of Rule 404(b) evidence of other crimes, wrongs, or acts, the United States shall

    provide reasonable notice in advance of trial of the general nature of any such evidence it

    intends to introduce at trial unless the Court excuses pretrial notice upon motion by the

    United States showing good cause. Notice by the date of the Final Pretrial Conference is

    presumed to be reasonable notice by this Court.



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           h.      This Order sets forth the Court’s requirements concerning statutory,

    case law, and rule-based discovery obligations. The Order does not displace more

    extensive obligations, if any, imposed as a matter of executive branch policy by the

    Department of Justice on United States Attorneys.

    3.     Motions.

           a.      Defensive motions (except motions for discovery under paragraph 2) shall

    be filed within thirty (30) days after arraignment. In the case of subsequent arraignment

    on a superseding indictment, any defensive motions shall be filed within the original (30)

    day deadline or within fifteen (15) days of subsequent arraignment, whichever date is later.

           b.      All motions, responses, and replies, unless otherwise ordered, will be

    governed by Rule 47.1 the Joint Local Rules of Criminal Practice for the Eastern and

    Western Districts of Kentucky (“LCrR”), and shall be accompanied by a memorandum

    of authorities. Hearings on motions requiring evidentiary hearings or oral arguments,

    other than motions in limine, will be scheduled by the Magistrate Judge. On a case-by-

    case basis, the presiding District Judge may decide to hear any motions filed in lieu of

    having the motion heard by the Magistrate Judge. Counsel shall confer and have all

    necessary witnesses present and ready to testify at such hearings.

           c.      Motions in limine. Motions in limine shall be filed not later than the date

    of the Final Pretrial Conference. Any further filings or hearings related to such motions

    will be scheduled by separate order of the presiding District Judge and/or taken up at the

    time of the Final Pretrial Conference.



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                d.       Motions to Continue. Motions to continue are generally disfavored as the

        Court intends to comply strictly with the provisions contained in 18 U.S.C. § 3161 (the

        “Speedy Trial Act”).1 In the event a party seeks an extension of time, it must do so by

        written motion in accordance with LCrR 47.1(b). Specifically, the Local Rule requires that

        a party seeking an extension of time must file “a motion demonstrating good cause” and

        opposing memoranda must be filed “within 7 days of service of the motion.” LCrR 47.1(b).

        Further, “[e]xtensions of time by agreement of the parties are not valid in criminal cases.”

        Id.   Therefore, any extensions of time or continuances, whether requested by the

        Government or the Defendant, must meet one of the exceptions for “excludable” periods

        of time contained in 18 U.S.C. § 3161(h).

        4.      Pretrial Filings and Procedures. The following shall be provided by the date of

the Final Pretrial Conference:

                a.       Motions in limine. See paragraph 3(c) above.

                b.       Notice of Rule 404(b) evidence. See paragraph 2(g) above.

                c.       Witness List. The United States shall submit a proposed witness list for

        the Court’s in camera review, with a brief summary of expected testimony and estimated

        time for direct testimony of each witness. Although not required to do so, the Defendant

        may also submit an in camera proposed witness list for the Court’s review.




        1
          A defendant may not prospectively waive the application of the Speedy Trial Act. See Zedner v.
United States, 547 U.S. 489, 500 (2006). The Act was designed to protect both the defendant’s and the
public’s interest in a speedy trial. Id. at 501 (quoting 18 U.S.C. § 3161(h)(7)(A)). The public’s interest in
a speedy trial cannot be served if a defendant may opt out of the Act entirely. Id. at 501.

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              d.   Exhibit List. The United States shall file an exhibit list. Although not

    required to do so, the Defendant may also submit an in camera proposed exhibit list for the

    Court’s review. Counsel shall pre-mark for identification purposes all exhibits intended to

    be used at trial, in accordance with LCrR 55.2.

              e.   Statement of the Case. The parties shall submit an Agreed Statement of

    the Case suitable for reading to the prospective jurors on voir dire. In the event they are

    unable to agree upon a statement, each shall file a separate Statement of the Case. The

    proposed Statement should be brief and should identify primary issues raised by the parties

    (i.e., a basic summary of charges and defenses).

              f.   Voir Dire. The Court will conduct the initial voir dire examination of

    prospective jurors. The parties may submit proposed voir dire questions for consideration.

    Unless otherwise indicated, and in cases involving a single defendant, each party will be

    given fifteen (15) minutes to conduct any follow-up voir dire. The Court may exercise its

    discretion to shorten individual voir dire in cases involving multiple defendants.

              g.   Daily Transcript. File notice with the Clerk of the Court if a party

    anticipates requesting daily copy from the court reporter.

              h.   Court Copies. In addition to the official copies filed with the Clerk of the

    Court, or those submitted for in camera review, the following documents shall be

    submitted, as an email attachment, to Bunning_Chambers@kyed.uscourts.gov in Word

    format:

                   (1)     exhibit list(s);

                   (2)     witness list(s);

                   (3)     statement(s) of the case;


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                    (4)    proposed voir dire questions; and

                    (5)    proposed jury instructions (see paragraph 6(a)(1) below).

    5.     Rearraignment.

           a.       Motions for Rearraignment. If the Defendant intends to enter a plea of

    guilty, defense counsel shall file a motion for rearraignment. To avoid loss of credit for

    acceptance of responsibility under the United States Sentencing Guidelines, any motion for

    rearraignment shall be filed no less than forty-eight (48) hours prior to the Final Pretrial

    Conference. The parties are advised and cautioned that any such motions that do not

    comply with this paragraph must be accompanied by an affidavit of counsel explaining the

    failure to comply. Following the filing of a motion for rearraignment, and if the parties

    intend to proceed pursuant to a written plea agreement, a copy of the proposed plea

    agreement shall be submitted for the Court’s review within twenty-four (24) hours of any

    motion for rearraignment.        This document shall be transmitted as an electronic

    attachment to Bunning_Chambers@kyed.uscourts.gov.

    6.     Trial.

           a.       The following shall be provided within two (2) business days before trial:

                    (1)    Jury Instructions.      File proposed jury instructions on the

           substantive law of the case, with supporting authorities. Whenever applicable,

           the parties are instructed to follow Sixth Circuit Pattern Jury Instructions. If any

           instruction cannot be agreed to or cannot be found in Sixth Circuit Pattern Jury

           Instructions, whenever applicable the parties shall follow Fifth or Eleventh Circuit

           pattern jury instructions.     The proposed instructions shall cite supporting

           authorities.


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                    (2)    Stipulations. File any stipulation as to the authenticity of the

           exhibits, as well as any stipulations of fact or law that would expedite the trial of

           this action. The Defendant must sign any such stipulation.

           b.      Jury Composition. As a general matter, the Court will seat twelve (12)

    jurors for trial, as well as two (2) alternate jurors. The trial and alternate jurors will be

    chosen pursuant to the “struck box” method. After the strikes for cause have been

    determined, the Court will call a round of thirty-two jurors (32) jurors, and the first twenty-

    eight (28) jurors will constitute the trial juror panel and the remaining four (4) jurors will

    constitute the alternate panel of jurors. Pursuant to Federal Rule of Criminal Procedure

    24(b)-(c), the Government shall have seven (7) peremptory challenges and the Defendant

    shall have eleven (11), which number includes the one additional challenge for the alternate

    panel. The Government shall exercise six (6) of its challenges and the Defendant shall

    exercise (10) of Defendant’s challenges on the trial juror panel. These peremptory

    challenges shall be exercised simultaneously by the parties and the first twelve (12) jurors

    not stricken will comprise the Trial Jury, in the order previously drawn. The remaining

    peremptory challenge shall be exercised as to the alternate panel.           The peremptory

    challenges shall be exercised simultaneously by the parties and the first two (2) jurors not

    stricken will comprise the alternate jurors in the sequence in which they were called. See

    United States v. Delgado, 350 F.3d 520 (6th Cir. 2003).

           c.      Technology. Counsel must demonstrate an ability to use the Court’s visual

    presentation system for any exhibit which will be discussed by a witness or utilized during

    opening or closing statements. The system can display documents, x-rays, photographs,

    negatives and videos.      The presentation system is designed to display the exhibit


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       simultaneously to the parties, the jury, the witnesses, and the Court. First-time users of the

       system should contact the Courtroom Deputy to make arrangements to view the system

       onsite. Although there is a witness monitor, some witnesses have difficulty reading from

       it, so an extra copy to hand to the witness should be readily available.

       7.      General. The Court requires strict adherence to the Federal Rules of Criminal

Procedure, as well as any applicable statutes and common law regarding discovery and inspection

in criminal cases. To the extent a matter is not addressed specifically herein, the applicable Federal

Rule(s), statutes, Local Rules, and/or case law will govern the issue.

       Signed this 18th day of June, 2026.




                                                  9


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