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United States v. Catcho

United States District Court, E.D. Michigan, Southern Division

June 7, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MOUYAD AND WAFA CATCHO, Defendants

          ORDER AMENDING STANDING ORDER FOR DISCOVERY AND INSPECTION IN CRIMINAL CASES; AND GIVING NOTICE OF CERTAIN PRETRIAL AND TRIAL PRACTICES

          ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE.

         The court finds that certain amendments to Administrative Order No. 03-AO-027 governing trial preparation will better assist in the effective administration of this case.

         IT IS HEREBY ORDERED that Administrative Order No. 03-AO-027 is amended in certain respects in this case as stated in Appendix 1 to this Order. Counsels' trial preparation shall be consistent with this court's amendments to that Administrative Order. Counsel shall also take notice of the court's intended practices, outlined in Appendix 2 to this Order, concerning pretrial, voir dire, jury selection, trial practices, final pretrial and guilty plea cutoff, and sentencing. For further information counsel may visit <http://www.mied.uscourts.gov > Judges > District Judges > Judge Robert H. Cleland > Practice Guidelines

         APPENDIX 1

         AMENDMENTS TO STANDING ADMINISTRATIVE ORDER 03-AO-027 ON CRIMINAL PRACTICE

         The references in this Appendix to "section" numbers are to the sections of the Standing Order.

         1) Section 5(a) (MARKING OF EXHIBITS):

         Exhibits shall be pre-marked and designated as: government exhibits beginning with "101" and defendant's exhibits beginning with "501." Counsel may discuss and recommend to the court before trial a reasonable alteration to the numbering system described.

         The list required under Section 5(a) of the Standing Order should be submitted not later than the morning of jury selection. Counsel for the government is urged to make reasonable efforts to reach agreement with other counsel concerning the admissibility of each intended physical exhibit. In the event such agreement is reached, a list of such exhibits is to be prepared by government counsel for entry at the opening of trial, and the exhibits will be considered admitted at the outset.

         2) Sections 5(b), 6 and 7 (OBJECTIONS TO FOUNDATIONAL ISSUES):

         In the event defense counsel chooses to file a notice of intent to contest foundation, chain-of-custody or scientific analysis, such notice shall be filed not later than 7 days before trial. Unless such items or possible exhibits are unusually voluminous, the notice shall provide a brief exhibit-by-exhibit or item-by-item description of the good faith basis for any such objection. A blanket statement saying no more than "defendant contests the foundation" is not sufficient. The statement of the good faith basis for any objection may be ex parte if in the opinion of counsel there is a reasonable basis for doing so.

         In the event that such items or possible exhibits are unusually voluminous, counsel for the defense shall, as early as is possible, give notice to the court and the government of any difficulty expected in providing the specific objections required herein, and seek assistance -first of the government, then of the court- in resolving the matter.

         3) Section 10 (JURY INSTRUCTIONS):

         Counsel for the government is directed to draft proposed instructions which identify the elements of the offense in the form of 6th Circuit pattern instruction 2.02, and to draft any other "non-standard" instruction requests. Counsel for the defense shall also draft any "non-standard" instructions intended to be requested. Other instructions may be requested of the court by either party simply by reference to pattern instruction number.

         "Elements" instructions proposed by the government, and proposed special instructions by both counsel shall be circulated among counsel with a reasonable opportunity given for reaction and possible stipulation. All such drafting and reaction shall be concluded in time for submission of stipulated and requested instructions before the jury selection is ...


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