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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Case: 0:26-cr-00033-DLB-EBA Doc #: 12 Filed: 06/18/26 Page: 1 of 9 - Page
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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.
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