UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 29, 2011
UNITED STATES OF AMERICA,
JAMES ALVA KIRKPATRICK, DEFENDANTS.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER AND DEFENDANT'S NOTICE OF WAIVER OF PERSONAL APPEARANCE
Defendant, JAMES ALVA KIRKPATRICK, waives his right to be present in open court, upon the hearing of any motion or other proceeding in this cause, including but not limited to, when the case is ordered set for trial, when a continuance is ordered, and when any other action is taken by the Court before or after trial, except upon arraignment, plea, impanelment of jury and imposition of sentence.
Defendant 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, ROBERT L. FORKNER, the same as if the Defendant was personally present; and further agrees to be present in person in Court ready for trial any day and hour the court may fix in his absence.
Defendant further acknowledges that he has been informed of his rights under Title 18, United States Code, Sections 3161-3174 (Speedy Trial Act), and authorizes his attorney to set times and delays under the Act without Defendant being present.
Dated: March 29, 2011 James Alva Kirkpatrick JAMES ALVA KIRKPATRICK DEFENDANT Dated: March 29, 2011 /s/ ROBERT L. FORKNER ROBERT L. FORKNER, Attorney for Defendant
THE REQUEST IS GRANTED, AS LONG AS DEFENDANT AGREES TO ACCEPT A COURT ORDER FOR HIS PRESENCE AS IT RELAYED TO HIM BY HIS COUNSEL. IT IS SO ORDERED.
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