IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

vs. ) CASE NO. 2:06cr193-MEF

 )

JOSHUA WAYNE HESTER )

ACCUSED’S UNOPPOSED MOTION TO CONTINUE TRIAL

Comes now Joshua Wayne Hester, by undersigned counsel, who moves the Court,

without opposition from the government, for the entry of an order continuing the trial of this

case from the trial term beginning October 24, 2006. In support of his motion, the following is

shown to the Court:

1. By previous order, the trial of Mr. Hester’s case was scheduled for the jury term

beginning on October 24, 2006.

2. Mr. Hester is currently confined in the Elmore County Detention Facility because the

court in his parallel state court proceedings issued an order revoking his release on bond and,

after the entry of that order, the United States Probation Officer responsible for electronic

monitoring retrieved the monitoring device from Mr. Hester’s mother’s home.

3. Counsel for the government and counsel for Mr. Hester have been involved in good

faith discussions for awhile aimed at resolving the matter without the need for trial. Much

progress has been made, however, further discussions are required before a final determination is

capable of being made that the matter may be resolved in a manner which would obviate the need

for trial.

Case 2:06-cr-00193-MEF-CSC Document 29 Filed 10/16/2006 Page 1 of 3
4. After Mr. Hester was arraigned on the charges contained in the indictment returned

in the instant case, further discovery was generated in the government’s investigation of the case

which was ongoing. Given the additional discovery that has been generated since Mr. Hester was

arraigned, additional time has been needed to evaluate such material, whether the case is to go

forward for trial, or, as seems more likely, ultimately be resolved by means of a plea agreement. 

Regardless of the means of final resolution, more time is required for both proper preparation and

additional discussions aimed at reaching a resolution which will not require a trial.

5. Undersigned counsel, in the course of the discussions aimed at resolving this matter,

has discussed the issue of a continuance with Mr. K. David Cooke, Jr., counsel for the

government in this matter, who informed undersigned counsel that the United Sates had

absolutely no opposition to the Court granting the relief sought and continuing the trial, and

authorized undersigned counsel to inform the Court of the government’s position on this motion.

6. Mr. Hester’s waiver of his right to speedy trial will be filed with the Court not later

than October 17, 2006. 

WHEREFORE, Mr. Hester prays the Court will consider the matter set forth herein and,

after due consideration, grant the relief sought and enter an order continuing the trial from the

October 24, 2006, term to such later trial term as the Court deems appropriate.

Respectfully submitted,

s/Stephen R. Glassroth

STEPHEN R. GLASSROTH

Counsel for Joshua Wayne Hester

AL Bar Code: GLA005

The Glassroth Law Firm, P.C.

Case 2:06-cr-00193-MEF-CSC Document 29 Filed 10/16/2006 Page 2 of 3
Post Office Box 910

Montgomery, Alabama 36101-0910

Phone (334) 263-9900

Fax (334) 263-9940

E-mail srg@glassrothlaw.com

CERTIFICATE OF SERVICE

I hereby certify that on October 16, 2006, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system which will send notification of such filing to all

counsel of record in this matter.

s/Stephen R. Glassroth

STEPHEN R. GLASSROTH

Counsel for Joshua Wayne Hester

AL Bar Code: GLA005

The Glassroth Law Firm, P.C.

Post Office Box 910

Montgomery, Alabama 36101-0910

Phone (334) 263-9900

Fax (334) 263-9940

E-mail srg@glassrothlaw.com

 

Case 2:06-cr-00193-MEF-CSC Document 29 Filed 10/16/2006 Page 3 of 3