Terry v. Fields et al

Filing 22

MEMORANDUM AND ORDER (SEE ORDER FOR COMPLETE DETAILS.) Signed by District Judge Audrey G. Fleissig on 12/12/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
TERRELL RANEY,
Defendant.

)
)
)
)
)
)
)
)
)

No. 4:16CR503 AGF/NCC

ORDER CONCERNING PRETRIAL MOTIONS
Defendant plead not guilty to the Indictment on December 9, 2016. At the arraignment,
defense counsel moved for an additional 21 days to review discovery and to determine whether
and/or what pretrial motions ought be filed on behalf of the defendant. For the reasons stated on
the record at the arraignment, the undersigned finds that to deny defendant’s motion for such
time would deny counsel for the defendant the reasonable time necessary for effective
investigation and preparation of pretrial motions, taking into account the exercise of due
diligence, and that the ends of justice served by granting defendant’s request outweigh the best
interest of the public and the defendant in a speedy trial.
IT IS HEREBY ORDERED that pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), the
time granted to defendant to investigate and prepare pretrial motions, or a waiver thereof, is
excluded from computation of the time for a speedy trial.
IT IS FURTHER ORDERED that forthwith the government shall give notice to the
defendant of its intention to use specific evidence at trial pursuant to Rule 12(b)(4)(B), Federal
Rules of Criminal Procedure.

IT IS FURTHER ORDERED that forthwith each party may propound to the opposing
party, and may file with the Court, any request for pretrial disclosure of evidence or information.
Not later than December 16, 2016, the parties shall respond to any such requests for pretrial
disclosure of evidence or information and may file with the Court a copy of any such response.
To avoid a proliferation of documents, to the extent practicable, all such requests for disclosure
and the responses thereto shall be contained in one request document or in one response
document, with each separate item of information or evidence discussed being a subpart of said
document.
IT IS FURTHER ORDERED that not later than December 30, 2016, the parties may
file any relevant pretrial motion(s) and the parties shall respond to any such motions not later
than January 6, 2017.
IT IS FURTHER ORDERED that any pretrial motion seeking a court order for the
production of evidence or information from the opposing party, and each motion to suppress
evidence, shall contain a statement of counsel that movant's counsel has personally conferred
with counsel for the opposing party about the issue(s) raised in the motion(s), that there is a good
faith belief that the information or evidence exists about which discovery is sought or which the
defendant seeks to have suppressed, and (for motions for disclosure) that the disclosure of said
information or evidence has been refused by the opposing party. Any such motion not having
such attestation will not be considered or ruled by the Court.
IT IS FURTHER ORDERED that any motion to suppress shall set forth, with
particularity, the item(s) of evidence to which the motion is addressed, and shall set forth specific
factual details to support any claim that such evidence was unlawfully obtained. Any motion to
suppress not containing such specific information or any motion cast in conclusory or
conjectural terms will not be heard or considered by the Court. Each motion to suppress
2

must be accompanied by a memorandum of law setting forth the specific legal ground upon
which it is contended that any such item of evidence was unlawfully obtained, with citations to
authority.
IT IS FURTHER ORDERED that if the defendant chooses not to file any pretrial
motions, counsel for the defendant shall file with the Court, not later than December 30, 2016, a
memorandum attesting that there are no issues that the defendant wishes to raise by way of
pretrial motion; that counsel has personally discussed this matter with the defendant; and that the
defendant agrees and concurs in the decision not to raise any issues by way of pretrial motions.
IT IS FURTHER ORDERED that a pretrial hearing, including an evidentiary hearing
on any pretrial motions, or a hearing on the waiver of motions, will be set upon further order of
the Court.
This case is assigned for trial to United States District Judge Audrey G. Fleissig who has
instructed that the case will be set for trial upon completion of all pretrial proceedings.
No extension of time of any deadline set in this Order will be granted except upon written
motion, made before the expiration of the deadline, and upon good cause shown.

/s/ Noelle C. Collins

s

UNITED STATES MAGISTRATE JUDGE

Dated this 9th day of December, 2016.

3