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United States of America v. Lesley James

June 29, 2012

UNITED STATES OF AMERICA
PLAINTIFF,
v.
LESLEY JAMES,
DEFENDANT.



The opinion of the court was delivered by: John D. Roberts United States Magistrate Judge

ORDER REGARDING DISCOVERY PLAN PRETRIAL MOTION SCHEDULE

and

This criminal case charges defendant with FELON IN POSSESSION OF A FIREARM. Trial in this case is currently set for September 10, 2012.

It is the purpose of this order to set a time table for the government's production of designated categories of discovery so further litigation will not be needed. It is the intent of the Court to avoid unnecessary delay in the production of discovery. The parties should continue to work together to provide available discovery to the defense expeditiously and economically. The defendant should avoid filing boiler plate discovery motions where the matter can be resolved by meeting and conferring with the government attorney.

The Pretrial Motion Schedule is binding on all counsel in this case unless otherwise ordered. This order is not subject to amendment by the parties without Court approval. The deadlines set below present the latest dates on which the government has to produce evidence relevant to that category. In the spirit of continued cooperation the Court expects the government to provide discovery prior to those dates when feasible. The government will keep a list of discovery provided to the defendant and the date it was produced.

Discovery and Inspection Plan

1. Defendant's oral, written or recorded statements as described in Fed. R. Crim. P. 16 (a)(1)(A) and (B) disclosed by the government are due July 6, 2012.

2. Defendant's prior record as described in Fed. R. Crim. P. 16(a)(1)(D) due by July 6, 2012.

3. All documents and objects as described in Fed. R. Crim. P. 16

(A)(1)(E), shall be produced by the government by July 6, 2012.

4. Documents and tangible evidence, as well as oral statements, or other evidence which tends to exculpate a defendant; or is favorable or useful to the defense on the issues of guilt or punishment; or is otherwise subject to disclosure as exculpatory material pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) is due no later than August 10, 2012.

5. The government will identify any experts it intends to use in its case-in-chief pursuant to Fed. R. Evid. 702, 703 and 705 by August 3, 2012.

6. The defendant will identify any experts they intend to use at trial pursuant to Fed. R. Evid. 702, 703 and 705 by August 10, 2012.

7. Government expert reports and summary of expert testimony during the case-in-chief pursuant to Fed. R. Crim. P. 16 (A)(1)(G) shall be ...


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