Title: Def Prop Case Management Order, 21 Feb 12

Release Date: 2014-03-20

Text: IN THE UNITED STATES ARMYFIRST JUDICIAL CIRCUITUNITED STATESv.MANNING, Bradley E., PFCU.S. Army, (b) (6)Headquarters and Headquarters Company, U.S.Army Garrison, Joint Base Myer-Henderson Hall,Fort Myer, VA 22211)))))))))DEFENSE PROPOSED CASEMANAGEMENT ORDERDATED: 21 February 20121. The Defense submits the following proposed Case Management Order for the Court’sconsideration:a. Per a docket request, the Government requested a trial date of 3 April 2012. The Defenserequested that the trial begin on 30 April 2012. Given the timeline detailed below, the Defenserequests the Court to set trial for 4 June – 22 June 2012. The Defense does not believe the trialwill require the entire scheduled time.b. Notification pursuant to Military Rule of Evidence 304 and 404(b) shall be provided by 29February 2012.c. The Government shall provide all discovery by 23 March 2012 either to the Defense or tothe Court pursuant to Military Rule of Evidence 505(i). If the Government fails to provide therequested discovery by 23 March 2012, the Court will consider appropriate sanctions underMilitary Rule of Evidence 505(i)(4)(E).d. The Government shall notify the Defense of its intent to use expert testimony by 28March 2012.e. The Government, with the Defense’s input, shall arrange for all depositions to take placewithin the Military District of Washington. All depositions will occur between 2 April 2012through 6 April 2012.f. Requests for expert assistance shall be provided by 10 April 2012.g. Member questionnaires will be due by 17 April 2012.h. Witness lists will be exchanged by 24 April 2012.i. Notice of Accused’s intent to disclose classified information under Military Rule ofEvidence 505(h) shall be provided by 11 May 2012.1j. Notice of the Accused’s forum selection and notice of pleas shall be provided, in writing by24 May 2012.k. Proposed voir dire and other member instructions will be due 30 May 2012.l. Motion deadlines, motion response deadlines, and Article 39(a) sessions set as follows:Issues AddressedBill of Particulars; Compel Discovery;Compel Depositions.Protective Order; Pretrial Publicity Order;Proposed Case Management Order.Proposed Members Instructions for 641;793(e); and 1030(a)(1).Proposed Elements for 641; 793(e); and1030(a)(1).Unlawful Command Influence; ImproperReferral; Dismissal of Charges;Jurisdictional Defects; ConstitutionalChallenges to UCMJ, MREs and RCMs;Challenges to Protective Order.Outstanding Discovery Issues; Suppressstatements and/or items seized; SpeedyTrial; Article 10.Compel Experts; Compel Witnesses;Evidentiary Motions in Limine; Requestsfor Judicial Notice; Any additionalmotion that does not have an identifieddeadline.Grunden Hearing.Article 13.Voir Dire; Member Instructions;Outstanding Issues.MotionFilingMotionResponseArticle 39(a)21 February 201223 February 201221 February 2012N/A23 February 201212 March 201219 March 201229 – 30 March 201219 March 201226 March 201229 – 30 March 201213 April 201220 April 201226 – 27 April 20127 May 201214 May 201217 – 18 May 2012N/A7 May 2012N/A14 May 2012As detailed above.N/A1 June 2012If necessary, duringpanel’s deliberationson Sentencing1 June 201214 February 20122. The point of contact for this memorandum is the undersigned at (b) (6)Respectfully submitted,DAVID EDWARD COOMBSCivilian Defense Counsel2

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