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

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MARK PAIGE 45 West Jefferson Luhrs Tower - Suite #806 Phoenix, AZ 85003-2317 (602) 254-5457 State Bar #020902 [email protected] Attorney for Defendant

UNITED STATES DISTRICT COURT 7 8 9 10 11 12 13 14 The defendant, Jesse Moore, by and through counsel respectfully moves the Court for a 15 continuance of the presently set trial date of August 7, 2007 and extension of the deadline for 16 pretrial motions on the following grounds: 17 1. The defendant is charged by Indictment with murder. The defendant was previously 18 indicted and tried. After conviction and sentencing an appeal was filed and heard by the 19 Ninth Circuit. As a result of that appeal this matter was remanded for a new trial. 20 Undersigned counsel was appointed on or about January 4, 2007. 21 2. Counsel has received approximately 6 boxes of materials from appellate counsel and 22 a great deal of additional materials from previous trial counsel (4-6 boxes). Counsel, with 23 the assistance of an appointed paralegal, is organizing and reviewing all of this material. 24 Counsel will then need to analyze all of the material, develop trial strategies, determine 25 the need for additional discovery or investigation, consult with the previous experts 26 and/or other experts as to relevant matters and prepare for trial. 27 3. In addition, counsel has made attempts to acquire records relating to the defendant, 28 DISTRICT OF ARIZONA _______________________________________ ) UNITED STATES, ) No.: CR-03-764-PHX-JAT ) Plaintiff, ) ) DEFENDANT'S MOTION TO v. ) CONTINUE TRIAL AND EXTEND ) PRETRIAL MOTIONS AND ALL Jesse Moore, ) OTHER DEADLINES ) Defendant. ) (Second Request) _______________________________________)

Case 2:03-cr-00764-JAT

Document 1201

Filed 06/01/2007

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particularly records pertaining to his mental health treatment while in the custody of the BOP. However, such efforts are moving slowly due to the "backlog" alleged by the BOP in a recent letter. These records are necessary to preparing a defense in this matter. 4. Consequently, counsel is requesting that this matter be continued for at least several months to permit counsel to attempt to prepare for the defense of this defendant. Counsel is requesting that this matter be set for trial after the first of the year 2008. 5. This defendant is in custody. Counsel for the Government, Kurt Altman, has no objection to this request. The defendant requests a continuance of this matter to allow undersigned counsel to be prepared and able to render effective assistance of counsel consistent with the Sixth Amendment guarantee for every defendant.

Respectfully submitted this 1st day of June, 2007. S/ Mark A. Paige MARK PAIGE Attorney for Defendant I hereby certify that on June 1, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Kurt Altman Assistant U.S. Attorney [email protected] S/ Mark A. Paige Mark A. Paige

Case 2:03-cr-00764-JAT

Document 1201

Filed 06/01/2007

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