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United States v. Pearson

United States District Court, E.D. California

December 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
DARNELL PEARSON, Defendant.

          Barbara Hope O'Neill #102968 Attorney at Law Attorney for Darnell Pearson

          MOTION TO CONTINUE TRIAL DECLARATION OF COUNSEL; ORDER

          LAWRENCE J. O'NEILL, UNITED STATES CHIEF DISTRICT JUDGE

         TO THE JUDGE OF THE ABOVE ENTITLED COURT AND TO THE ASSISTANT UNITED STATES ATTORNEY:

         Counsel requests to continue the trial date in the case at bar from December 11, 2019 to January 21, 2020. Counsel needs addition time to be properly prepared. The issues are receipt o discovery, motions which must be filed and heard prior to the start of the jury trial as well as investigation which requires additional time. (See attached Declaration of Counsel).

         LEGAL STANDARD

         18 U.S.C. § 3161(h):

         “ The following periods of delay shall be excluded in computing the time within which an information or indictment must be filed, or in computing the time within which the trial of any such offense must commence: . . . (7)(A) any period of delay resulting from a continuance granted by any judge. . . at the request of the defendant or his counsel. . . if the judge granted such continuance on the basis of his findings that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.

         One of the factors to be considered is outlined in §3161(h)(7)(B)(iv): Whether the failure to grant such a continuance in a case which, taken as a whole, is not so unusual or so complex as to fall within clause (ii), . . . or would deny counsel for the defendant or the attorney for the Government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence”.

         Reasonable time is needed for effective preparation. Counsel has expended a great deal of time preparing since she was appointed on Mr. Pearson's case. The discovery was not complete. The last was received, which is the defendant's criminal record, a few days ago. The issues outlined in counsel's declaration justify a continuance.

         Conclusion

         Counsel was appointed to represent Mr. Pearson on October 17, 2019. The jury trial was set for December 11, 2019 as Mr. Pearson did not agree to exclude time. After reviewing the case counsel concluded that motions must be filed and heard and that further investigation was needed. Furthermore, all discovery had not been received from the prosecutor. Additional time is needed to be properly prepared. Though Mr. Pearson objects to continuing the trial date, the ends of justice will be served by so doing. Counsel who is properly prepared is essential.

         Declaration of Counsel

         I Barbara Hope O'Neill Declare Under Penalty of Perjury the following:

         I was appointed on October 17, 2019 to represent Darnell Pearson ...


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