United States District Court, E.D. Wisconsin
SECOND AMENDED TRIAL SCHEDULING ORDER
Stadtmueller U.S. District Judge.
October 3, 2017, this case was filed with the Court and was
assigned to this branch for further proceedings. The trial
was originally scheduled for January 2, 2018, but the Court
granted an adjournment of that date at the request of
Defendant Derrick L. Harris (“Harris”) so that he
could obtain ballistics testing on the subject vehicle in
this case. (Docket #66).
has returned with a second request for an adjournment in
light of the busy schedule of his ballistics expert, John
Nixon. (Docket #88). Magistrate Judge Nancy Joseph recently
recommended that the Court allow a second adjournment of the
trial date, though not for the length of time Harris had
requested. (Docket #92). Harris objected, (Docket #96), and
in response the government has conceded that a date within
Harris' desired timeframe is appropriate, (Docket #98).
The Court will, therefore, overrule the magistrate's
recommendation in this regard and will select a trial date
from among the parties' jointly proposed dates.
IT IS HEREBY ORDERED that Defendant Derrick
L. Harris' objection to Magistrate Judge Nancy
Joseph's February 23, 2018 report and recommendation
(Docket #96) be and the same is hereby
IS FURTHER ORDERED that Magistrate Judge Nancy
Joseph's recommendation as to Defendant Derrick L.
Harris' second motion to continue the trial in this case
(Docket #92) be and the same is hereby ADOPTED IN
PART as stated herein;
IS FURTHER ORDERED that Defendant Derrick L.
Harris' motion to continue the trial in this case (Docket
#88) be and the same is hereby GRANTED;
IS FURTHER ORDERED as follows:
following proceedings in this case have been set and will be
held before the Honorable J.P. Stadtmueller in the United
States Courthouse, 517 East Wisconsin Avenue, Room 425,
Milwaukee, Wisconsin 53202:
Tuesday, August 14, 2018 at 8:30 AM
TRIAL: Monday, August 20, 2018 at 8:30 AM
further extensions of these dates will be considered for
accordance with 18 U.S.C. § 3161(h)(7)(A), the Court
finds that, to permit sufficient time for Defendant Derick L.
Harris' ballistic expert, the ends of justice outweigh
the best interest of the public and the defendants in a
speedy trial; the Court further finds that the time between
the issuance of this Order and the August 20, 2018 trial date
is excludable from any applicable calculation under the
Speedy Trial Act.
for the defendants are directed to notify their clients of
the date and time of the above scheduled court proceedings.
It is the responsibility of the assigned Assistant U.S.
Attorney, in consultation with the defendants' attorneys,
pretrial services, U.S. Marshals Service, state authorities,
and/or the Bureau of Prisons, to ascertain the custodial
status of the defendants and take all ...