The opinion of the court was delivered by: Hon. Lawrence J. O'Neill
DANIEL J. BRODERICK, Bar #89424 Federal Defender FRANCINE ZEPEDA, Bar # 091175 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant JESSE ALVIN CRIPPS, SR.
WAIVER OF DEFENDANT'S PERSONAL PRESENCE; ORDER THEREON
The undersigned defendant, JESSE ALVIN CRIPPS, SR., having been advised of his right to be present in person in open court upon the hearing of any motion or other pre-trial proceeding in this cause, including but not limited to, status conference, motions hearing, trial setting, and/or when a continuance is ordered, hereby waives the right to be present at said hearings. He requests the court to allow his attorney to make such appearances on his behalf and to request the Court set a motions schedule and/or schedule the matter for trial, including such hearings as may be appropriate at a time mutually convenient to the court and counsel. Defendant further hereby requests the Court to proceed during every absence of his which the Court may permit pursuant to this waiver; agrees that his interests will be deemed represented at all times by the presence of his attorney, the same as if defendant were personally present. /// ///
Defendant makes this request as he currently resides in Texas. Due to the time, distance and expense involved, travel to Fresno for court appearances which solely involve scheduling and/or non-disposition motions would be both a financial and personal hardship. Consequently, Defendant wishes to limit the number of personal court appearances, thereby minimizing the time and expense of travel to Fresno.
This request is made pursuant to Fed.R.Crim.P. 43(b)(3). DATED: January 22, 2011
GOOD CAUSE APPEARING, the Defendant's appearance may be waived at any and all non-substantive pretrial proceedings until further order.
/s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
Waiver of Defendant's Personal Presence; [Proposed] Order Thereon 2
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