USA v. James

Filing 21

Order, Set Deadlines

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

UNITED STATES OF AMERICA
Plaintiff,
vs.
LESLEY JAMES,

3:12-cr-034-RRB-JDR
ORDER
REGARDING
DISCOVERY PLAN
and
PRETRIAL MOTION SCHEDULE

Defendant.

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

Pretrial Motion(s) Deadlines

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

12-cr-034-RRB-JDR JAMES @18 Pretrial Motion Order_mtd.wpd

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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 produced
by the government by July 27, 2012.
8.

Defendant expert reports shall be produced by the defense to the

government by July 27, 2012.
9.

Government reports of examinations and tests as described in

Fed. R. Crim. P. 16 (a)(1)(F), excluding the expert reports described above, to be
produced by the government, July 27, 2012.
10.

Defense reports of examinations and tests, as described in Fed.

R. Crim. 16 (b)(1)(B), excluding the expert reports described above, shall be
disclosed by August 3, 2012.
11.

Defense documents and objects as described in Fed. R. Crim. P.

16 (b)(1)(A) shall be disclosed or made available for inspection by the government
by July 20, 2012.

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12.

Evidence of other crimes, wrongs or acts the government seeks

to use at any time during the trial pursuant to Fed. R. Evid. 404(b) shall be disclosed
on or before August 10, 2012.
13.

Evidence of conviction of a crime which the government seeks

to introduce at trial pursuant to Fed. R. Evid. 609 shall be disclosed on or before
August 17, 2012.
The government is directed to certify that all discovery required by law
and this Order has been provided to the defense by August 17, 2012.

Pretrial Motions Deadlines
Motion Deadline

Response Deadline

Motions related to discovery

July 13, 2012

July 23, 2012

Motions for bill of particulars

July 16, 2012

July 25, 2012

Motion challenging the indictment
or statutes involved

July 16, 2012

July 25, 2012

Motions to suppress evidence;
motion to disclose confidential
informants

July 30, 2012

August 9, 2012

Motions in limine

August 6, 2012

August 16, 2012

Motions related to experts

August 17, 2012

August 27, 2012

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Given the lengthy time provided by the trial court for the completion of
discovery and presentation of pretrial issues, no continuances of the pretrial motions
due dates will be granted absent extraordinary circumstances.
Further Disclosures
All disclosures required by the Jencks Act, 18 U.S.C. § 3500, shall be
produced by the government no later than September 1, 2012.
Both the government and defense have a continuing duty to disclose
any additional evidence or material discovered before or during trial if the federal
rules or this Court’s order requires its production. Such evidence must be promptly
disclosed to the other party or the Court.
If a party fails to comply with this discovery order, the Court may order
that discovery or inspection occur by a certain date and in a certain manner; grant
a continuance; prohibit the offending party from introducing the undisclosed
evidence at trial; or enter any other order that is just under the circumstances.
DATED this 29th day of June, 2012, at Anchorage, Alaska.

/s/ John D. Roberts
JOHN D. ROBERTS
United States Magistrate Judge

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