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United States v. Kincade

United States District Court, D. Nevada

February 3, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT KINCADE, et al., Defendants.

          KEVIN R. STOLWORTHY, ESQ. Nevada Bar No. 2798 CONOR P. FLYNN, ESQ. Nevada Bar No. 11569 ARMSTRONG TEASDALE LLP ATTORNEYS FOR DEFENDANT ROBERT KINCADE

          STIPULATION AND ORDER TO CONTINUE CALENDAR CALL AND TRIAL DATE AS TO COUNT ONE OF THE SUPERSEDING INDICTMENT ONLY AND TO RESET PRE-TRIAL MOTION DEADLINE [EIGHTH REQUEST]

         IT IS HEREBY STIPULATED AND AGREED, by and between Alexandra Michael, Assistant United States Attorney, counsel for the United States of America, and Robert Kincade, and his counsel Kevin R. Stolworthy, that the calendar call currently scheduled for March 20, 2017 at the hour of 1:30 p.m. and the trial currently scheduled for March 28, 2017 at the hour of 9:00 a.m. as to Count One of the Superseding Indictment, be vacated and set to a date and time convenient to this Court approximately (120) days from the currently scheduled deadlines. The Parties further agree that the pre-trial motion deadline as to County One of the Third Superseding Indictment, which technically expired on December 28, 2016, shall be reset to (45) days from the date of entry of the Order approving this Stipulation. This Stipulation is entered into for the following reasons:

         1. On January 5, 2017, Kevin Stolworthy, Esq. was appointed as counsel of record for Mr. Kincade with respect to Count One only of the Third Superseding Indictment in this case. ECF No. 243.

         2. Count One pertains to an alleged September 12, 2011 robbery of a City National Bank in Las Vegas, Nevada.

         3. Mr. Kincade is currently being represented by Kathleen Bliss, Esq, on the remaining Counts contained in the Superseding Indictment.

         4. Count One has been severed from the remaining Counts contained in the Third Superseding Indictment, and trial is currently scheduled for Count One only on March 28, 2017 at 9:00 a.m. ECF No. 214.

         5. Trial is scheduled on the remaining Counts on February 28, 2017 at 9:00 a.m. ECF No. 165.

         6. As Mr. Stolworthy was just recently appointed in this case, the file from former counsel Todd Leventhal, Esq. was just turned over.

         7. Mr. Stolworthy has not had the opportunity yet to closely examine the file, and evaluate the need to retain professionals, such as an investigator, and whether pre-trial motions need to be filed in this case.

         8. The Parties have agreed to reset the pre-trial motion deadline as to Count One of the Third Superseding Indictment to 45 days from the date of entry of the Order approving this Stipulation.

         9. At the hearing on January 5, 2017, it was discussed on the record that the current trial date would need to be continued as to Count One, the Defendant was made aware of the need for a continuance, and the Government's counsel stated no opposition to the continuance. ECF No. 243.

         10. The additional time requested does not impact the trial setting as to Counts Two and Three of the Third Superseding Indictment.

         11. The additional time requested will enable counsel to become familiar with the file and evaluate a defense for Kincade as to Count One of the Third Superseding Indictment.

         12. Denial of this request for continuance would deny counsel for the Defendant sufficient time to effectively and thoroughly complete trial preparations, ...


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