Free Motion to Continue Trial - District Court of Arizona - Arizona

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MICHAEL B. BERNAYS State Bar No. #007057 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Phone: 602-254-5544 Fax: 602-254-9263 Attorney for Defendant

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UNITED STATED DISTRICT COURT DISTRICT OF ARIZONA UNITED STATES OF AMERICA Plaintiff, vs. SHEILA M. ISABELL, et al., Defendant ) ) ) ) ) ) ) ) Case No.: CR 03-1082-001-PHX-MHM

MOTION TO CONTINUE TRIAL

Defendant, Sheila M. Isabell, through counsel, Michael B. Bernays, hereby moves the Court to continue the trial currently scheduled for November 21, 2006, on the grounds that counsel is beginning a trial in State of Arizona vs. Taylor Hall-Ritchie, in Maricopa Cause Number CR 2004-048274-001 DT. The primary charge in Hall-Ritchie is discharging of a firearm at a residential structure which is a class 2 dangerous felony. The primary defense is Guilty Except Insane. Counsel anticipates the trial lasting through the week of December 4, 2006 and possibly into the week of December 11, 2006. Counsel will be out of state from December 13, through December 17, 2006. Counsel would therefore move the Court to continue this matter to a date and time convenient to the Court and both counsel. Moreover, Ms. Isabell resides in southern Ohio, and counsel needs to prepare and present to the Court a motion for funding to transport her to this district for the change of plea. Counsel has been authorized by Mr. Lopez to state that he does not oppose this motion. Counsel would therefore move the Court to continue this matter to a time convenient to Court and counsel and which will provide enough time to accomplish transportation of Ms. Isabell.

Case 2:03-cr-01082-MHM

Document 70

Filed 11/13/2006

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Excludable delay pursuant to 18 U.S.C. § 3161(h)(8)(A) and (B)(iv) will occur as a result
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of this motion.
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RESPECTFULLY SUBMITTED this 13th day of November, 2006.
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s/ Michael B. Bernays Michael B. Bernays 3839 N. 3rd Street, Suite 400 Phoenix, Arizona 85012 Attorney for Defendant

Copy of the foregoing e-mailed Via CM/EFC this 13th day of November, 2006, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

Case 2:03-cr-01082-MHM

Document 70

Filed 11/13/2006

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