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IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) 2:06cr178-SRW

)

CARRIE J. FLOWERS )

ORDER ON ARRAIGNMENT

On October 17, 2006, the defendant, CARRIE J. FLOWERS, appeared in person and

in open court with counsel and was arraigned in accordance with the provisions of Rule 10

of the Federal Rules of Criminal Procedure. 

PLEA. The defendant entered a plea of NOT GUILTY. Counsel for the defendant

is requested to contact the U.S. Attorney immediately if the defendant intends to engage in

plea negotiations. If the defendant decides to change this plea, the parties shall file a notice

of intent to plead guilty or otherwise notify the clerk's office as soon as possible.

TRIAL. This case is set for jury selection at 10:00 a.m. on January 8, 2007 before

U. S. Magistrate Judge Charles S. Coody in the Frank M. Johnson, Jr. Federal Building and

United States Courthouse Complex, Montgomery, Alabama. A definite trial date will be

determined at the time of jury selection, but counsel should be prepared to begin trial on

the day of jury selection before the undersigned U. S. Magistrate Judge. Any requested voir

dire questions and jury instructions must be filed no later than one week before jury

selection.

PRETRIAL MOTIONS. All pretrial motions under Fed.R.Crim.P. 12(b) and (d),

14 and 16, all notices under Fed.R.Crim.P. 12.1, 12.2 and 12.3, and any motion to compel

pursuant to this court's standing order on discovery must be filed no later than November 17,

2006. No motion filed after this date will be considered unless filed with leave of court.

Motions to suppress must allege specific facts which, if proven, would provide a basis

of relief. This court will summarily dismiss suppression motions which are supported only

by general or conclusory assertions founded on mere suspicion or conjecture. See generally

United States v. Richardson, 764 F.2d 1514,1526-27 (11th Cir. 1985).

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 Initial disclosures include but are not limited to: (A) Fed. R. Crim. P. 16(a) Information. All

discoverable information within the scope of Rule 16(a) of the Federal Rules of Criminal Procedure; (B)

Brady Material. All information and material known to the government which may be favorable to the

defendant on the issues of guilt or punishment, without regard to materiality, within the scope of Brady v.

Maryland, 373 U.S. 83 (1963); (C) Giglio Material. The existence and substance of any payments, promises

of immunity, leniency, preferential treatment, or other inducements made to prospective witnesses, within

the scope of United States v. Giglio, 405 U.S. 150 (1972); (D) Testifying informant's convictions. A record

of prior convictions of any alleged informant who will testify for the government at trial; (E) Defendant's

identification. If a line-up, show-up, photo spread or similar, procedure was used in attempting to identify

the defendant, the exact procedure and participants shall be described and the results, together with any

pictures, and photographs, shall be disclosed; (F) Inspection of vehicles, vessels, or aircraft. If any vehicle,

vessel, or aircraft, was allegedly utilized in the commission of any offenses charged, the government shall

permit the defendant's counsel and any expert selected by the defense to inspect it, if it is in the custody of

any governmental authority; (G) Defendant's latent prints. If latent fingerprints, or prints of any type, have

been, identified by a government expert as those of the defendant, copies thereof shall be provided; (H) Fed.

R. Evid.404(b). The government shall advise the defendant of its intention to introduce evidence in its case

in chief at trial, pursuant to Rule 404(b) of the Federal Rules of Evidence; and (I) Electronic Surveillance

Information. If the defendant was an aggrieved person as defined in 18 U.S.C. § 2510(11), the government

shall so advise the defendant and set forth the detailed circumstances thereof.

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In certain complex cases, the government may agree to earlier production.

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DISCOVERY. Unless the government provided initial disclosures1 to defendant

prior to or at arraignment the government is ORDERED to tender initial disclosures to the

defendant on or before October 17, 2006. Disclosure by the defendant shall be provided no

later than October 24, 2006. No attorney shall file a discovery motion without first

conferring with opposing counsel, and no motion will be considered by the court unless it

is accompanied by a certification of such conference and a statement of the moving party's

good faith efforts to resolve the subject matter of the motion by agreement with opposing

counsel. No discovery motions shall be filed for information or material within the scope of

this Rule unless it is a motion to compel, a motion for protective order or a motion for an

order modifying discovery. See Fed. R. Crim. P. 16(d). Discovery requests made pursuant

to Fed. R. Crim. P. 16 and this Order require no action on the part of this court and shall not

be filed with the court, unless the party making the request desires to preserve the discovery

matter for appeal.

JENCKS ACT STATEMENTS. The government agrees to provide defense counsel

with all Jencks Act statements no later than the day scheduled for the commencement of the

trial.2

MANDATORY APPEARANCE OF COUNSEL. Counsel of record for all parties

are ORDERED to appear at all future court proceedings in this criminal case. Those

attorneys who find it impossible to be in attendance (especially at jury selection or trial) must

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make arrangements to have substitute counsel appear on behalf of their clients. Any attorney

who appears as substitute counsel for a defendant shall have full authorization from the

defendant to act on his or her behalf and be fully prepared to proceed. Substitute counsel

shall not be counsel for a co-defendant unless permitted by the court after proper motion.

Any counsel who wishes to have substitute counsel appear must obtain permission of the

court in advance.

NOTE: Except in extraordinary circumstances or circumstances in which the

Constitution would require it, the court will not entertain motions to withdraw filed by

counsel who appear at arraignment unless the motions are filed within seven days of the

date of this order. Failure to obtain fees from a client is not an extraordinary

circumstance.

DONE, this 24th day of October, 2006.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

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STANDING ORDER ON CRIMINAL DISCOVERY

It is the court's policy to rely on the standard discovery procedure as set forth in this Order

as the sole means of the exchange of discovery in criminal cases except in extraordinary

circumstances. This Order is intended to promote the efficient exchange of discovery without

altering the rights and obligations of the parties, but at the same time eliminating the practice of

routinely filing perfunctory and duplicative discovery motions.

INITIAL DISCLOSURES:

(1) Disclosure by the Government. At arraignment, or on a date otherwise set by the

court for good cause shown, the government shall tender to defendant the following:

(A) Fed.R.Crim.P. 16(a) Information. All discoverable information within the scope of

Rule 16(a) of the Federal Rules of Criminal Procedure.

(B) Brady Material. All information and material known to the government which may

be favorable to the defendant on the issues of guilt or punishment, without regard to

materiality, within the scope of Brady v. Maryland, 373 U.S. 83 (1963).

(C) Giglio Material. The existence and substance of any payments, promises of

immunity, leniency, preferential treatment, or other inducements made to prospective

witnesses, within the scope of United States v. Giglio, 405 U.S. 150 (1972).

injury sustained by the victim, defendant's role in the offense, whether defendant obstructed

justice in the commission of the crime, defendant's criminal history, and any information

regarding defendant's status as a career offender/armed career criminal. In addition, in order

to comply with the requirements of the Anti-Terrorism Act, the government shall produce

to the U.S. Probation Office information regarding the victims of defendant's alleged

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criminal activity, including, but not limited to, the identity of the victim by name, address,

and phone number, and the nature and extent of the victim's loss or injury.

(4) Disclosures by the Defendant. If defendant accepts or requests disclosure of

discoverable information pursuant to Fed.R.Crim.P. 16(a)(1)(C), (D), or (E), defendant, on or before

a date set by the court, shall provide to the government all discoverable information within the scope

of Fed.R.Crim.P. 16(b).

SUPPLEMENTATION. The provisions of Fed.R.Crim.P. 16(c) are applicable. It shall be

the duty of counsel for all parties to immediately reveal to opposing counsel all newly discovered

information, evidence, or other material within the scope of this Rule, and there is a continuing duty

upon each attorney to disclose expeditiously.

MOTIONS FOR DISCOVERY. No attorney shall file a discovery motion without first

conferring with opposing counsel, and no motion will be considered by the court unless it is

accompanied by a certification of such conference and a statement of the moving party's good faith

efforts to resolve the subject matter of the motion by agreement with opposing counsel. No

discovery motions shall be filed for information or material within the scope of this Rule unless it

is a motion to compel, a motion for protective order or a motion for an order modifying discovery.

See Fed.R.Crim.P. 16(d). Discovery requests made pursuant to Fed.R.Crim.P. 16 and this Order

require no action on the part of this court and shall not be filed with the court, unless the party

making the request desires to preserve the discovery matter for appeal.

(D) Testifying informant's convictions. A record of prior convictions of any alleged informant

who will testify for the government at trial.

(E) Defendant's identification. If a line-up, show-up, photo spread or similar procedure

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was used in attempting to identify the defendant, the exact procedure and participants

shall be described and the results, together with any pictures and photographs, shall

be disclosed.

(F) Inspection of vehicles, vessels, or aircraft. If any vehicle, vessel, or aircraft was

allegedly utilized in the commission of any offenses charged, the government shall

permit the defendant's counsel and any expert selected by the defense to inspect it,

if it is in the custody of any governmental authority.

(G) Defendant's latent prints. If latent fingerprints, or prints of any type, have been

identified by a government expert as those of the defendant, copies thereof shall be

provided.

(H) Fed.R.Evid.404(b). The government shall advise the defendant of its intention to

introduce evidence in its case in chief at trial, pursuant to Rule 404(b) of the Federal

Rules of Evidence.

(I) Electronic Surveillance Information. If the defendant was an "aggrieved person" as

defined in 18 U.S.C. §2510(11), the government shall so advise the defendant and

set forth the detailed circumstances thereof.

(2) Obligations of the Government.

(A) The government shall anticipate the need for, and arrange for the transcription of, the

grand jury testimony of all witnesses who will testify in the government's case in

chief, if subject to Fed.R.Crim.P. 26.2 and 18 U.S.C. §3500. Jencks Act materials

and witnesses' statements shall be provided as required by Fed.R.Crim.P. 26.2 and

18 U.S.C. §3500. However, the government, and where applicable, the defendant,

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are requested to make such materials and statements available to the other party

sufficiently in advance as to avoid any delays or interruptions at trial. The court

suggests an early disclosure of Jencks Act materials.

(B) The government shall advise all government agents and officers involved in the case

to preserve all rough notes.

(C) The identification and production of all discoverable evidence or information is the

personal responsibility of the Assistant United States Attorney assigned to the case

and may not be delegated without the express permission of the court.

(3) Disclosures to U.S. Probation. At arraignment, or on a date otherwise designated

by the court upon good cause shown, the government shall tender to the U.S. Probation Office all

essential information needed by U.S. Probation to accurately calculate the sentencing guideline

range for the defendant, including, but not limited to, information regarding the nature of the offense

(offense level), the nature of the victim and the

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DONE this 4th day of February, 1999.

/s/ W. Harold Albritton 

W. HAROLD ALBRITTON

Chief United States District Judge

/s/ Myron H. Thompson 

MYRON H. THOMPSON

United States District Judge

/s/Ira DeMent 

IRA DeMENT

United States District Judge

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