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

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Michael B. Bernays State Bar # 007057 111 West Monroe Phoenix, AZ 85003 (602) 254-5544 Attorney for Defendant

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

MOTION TO CONTINUE JURY TRIAL

The Defendant, Sheila Isabell, through counsel, Michael B. Bernays, hereby moves the Court to continue the Jury Trial currently scheduled for June 27, 2006, on the grounds that counsel has not completed review of discovery in this matter. In fact, a review of counsel's file reveals that counsel has not received discovery. Although it is likely that counsel's failure to receive discovery is due to counsel's move of offices (which occurred from May 26, 2006 through June 2, 2006). Counsel believes discovery is prepared for him, but the request to retrieve it from the US Attorney's office was apparently not handled by counsel's prior runner service nor has it been re-urged upon counsel's new runner service. Once counsel is in possession of that discovery counsel will need to copy and mail it to Ohio where defendant Isabell resides and permit her some time to review it so she can make an intelligent decision on the plea agreement which has been extended by the Government in this case and which would resolve this case. Counsel has spoken with Assistant United States Attorney John Lopez, who has authorized counsel to state that he does not oppose a continuance of this matter. Counsel would urge the Court to find such a continuance is in the best interest of the Defendant and that the ends of justice served by such a continuance outweighs the interests of the public and Defendant Isabell for a speedy trial in order

Case 2:03-cr-01082-MHM

Document 53

Filed 06/21/2006

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for Defendant Isabell to receive due process of law and effective assistance of counsel.
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Excludable delay pursuant to 18 USC § 3161(h)(8)(A) will occur as a result of this motion.
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RESPECTFULLY SUBMITTED this 10th day of June, 2006.
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s/ Michael B. Bernays Michael B. Bernays 111 West Monroe Phoenix, AZ 85003 Attorney for Defendant Copy of the foregoing filed via EFC this 10th day of June, 2006, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

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Case 2:03-cr-01082-MHM

Document 53

Filed 06/21/2006

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Michael B. Bernays State Bar # 007057 111 West Monroe Phoenix, AZ 85003 (602) 254-5544 Attorney for Defendant

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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

MOTION TO CONTINUE JURY TRIAL

The Defendant, Sheila Isabell, through counsel, Michael B. Bernays, hereby moves the Court to continue the Jury Trial currently scheduled for June 27, 2006, on the grounds that counsel has not completed review of discovery in this matter. In fact, a review of counsel's file reveals that counsel has not received discovery. Although it is likely that counsel's failure to receive discovery is due to counsel's move of offices (which occurred from May 26, 2006 through June 2, 2006). Counsel believes discovery is prepared for him, but the request to retrieve it from the US Attorney's office was apparently not handled by counsel's prior runner service nor has it been re-urged upon counsel's new runner service. Once counsel is in possession of that discovery counsel will need to copy and mail it to Ohio where defendant Isabell resides and permit her some time to review it so she can make an intelligent decision on the plea agreement which has been extended by the Government in this case and which would resolve this case. Counsel has spoken with Assistant United States Attorney John Lopez, who has authorized counsel to state that he does not oppose a continuance of this matter. Counsel would urge the Court to find such a continuance is in the best interest of the Defendant and that the ends of justice served by such a continuance outweighs the interests of the public and Defendant Isabell for a speedy trial in order

Case 2:03-cr-01082-MHM

Document 53

Filed 06/21/2006

Page 3 of 4

1

for Defendant Isabell to receive due process of law and effective assistance of counsel.
2

Excludable delay pursuant to 18 USC § 3161(h)(8)(A) will occur as a result of this motion.
3

RESPECTFULLY SUBMITTED this 10th day of June, 2006.
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s/ Michael B. Bernays Michael B. Bernays 111 West Monroe Phoenix, AZ 85003 Attorney for Defendant Copy of the foregoing filed via EFC this 10th day of June, 2006, to: John Lopez Assistant U.S. Attorney 40 North Central Avenue, Ste. 1200 Phoenix, AZ 85004-4408 By: s/ Michael B. Bernays

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Case 2:03-cr-01082-MHM

Document 53

Filed 06/21/2006

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