IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) 1:06-CR-000185-DRB

)

BOBBY R. HARDRICK, II )

ORDER ON ARRAIGNMENT

On September 27, 2006, the defendant, BOBBY R. HARDRICK, II, 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. 

1. PLEA. The defendant entered a plea of NOT GUILTY. The defendant’s attorney 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 so this action may be set on a

plea docket.

2. TRIAL. This case is set for jury selection at 10:00 a.m. and trial immediately following

before the undersigned during the criminalterm beginning November 6, 2006, in District Courtroom

4A, Frank M. Johnson, Jr. United States Courthouse Complex, 1 Church Street, Montgomery,

Alabama. Any requested voir dire questions and jury instructions must be filed no later than

October 30, 2006.

3. 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 October 16, 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 disclosuresinclude but are not limited to: (A) Fed. R. Crim. P. 16(a) Information. All 1

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. Iflatent 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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4. DISCOVERY

INITIAL DISCLOSURES: The government provided initial disclosures to defendant at 1

arraignment. Disclosures by the defendant shall be provided on or before October 4, 2006.

VIDEOTAPE. The government shall advise the defendant on or before October 4,

2006, of any videotape of the offense charged, and the defendant shall be provided the opportunity

to view the videotape on or before October 18, 2006. On or before November 1, 2006, the

government shall advise the court in writing of its plans to offer the videotape as evidence and shall

specify the length of the tape, and the defendant shall also advise the court in writing whether he or

she has viewed the videotape.

MOTIONS: 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

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 In certain complex cases, the government may agree to earlier production. 2

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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

5. 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 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 wishesto 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 28th day of September, 2006.

/s/ Delores R. Boyd

DELORES R. BOYD 

UNITED STATES MAGISTRATE JUDGE

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