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U.S. v. KIPP, 3:15-cr-00244-MOC-DSC. (2017)

Court: District Court, W.D. North Carolina Number: infdco20170201c10 Visitors: 6
Filed: Jan. 30, 2017
Latest Update: Jan. 30, 2017
Summary: ORDER MAX O. COGBURN, Jr. , District Judge . THIS MATTER is before the court on defendants' Waivers of Jury Trial (#s 113 & 114). After conducting a hearing on such waivers and determining after inquiry that such waivers were knowing and voluntary, the Court has accepted such waivers. The government informed the court at the hearing that it does not oppose a bench trial under Rule 23(a)(2), Federal Rules of Criminal Procedure. The Court has given careful consideration to the request for a
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ORDER

THIS MATTER is before the court on defendants' Waivers of Jury Trial (#s 113 & 114). After conducting a hearing on such waivers and determining after inquiry that such waivers were knowing and voluntary, the Court has accepted such waivers. The government informed the court at the hearing that it does not oppose a bench trial under Rule 23(a)(2), Federal Rules of Criminal Procedure.

The Court has given careful consideration to the request for a bench trial as the gatekeeper under Rule 23(a)(3). To that end, the Court will conditionally approve the waivers and provide for a bench trial under Rule 23(a). The Court will reserve the right to claw back such decision as the final weeks of pretrial proceedings progress, mindful that while this Court's patience is unlimited, its resources are finite.

ORDER

IT IS, THEREFORE, ORDERED that the court will conditionally allow a bench trial in this matter.

Source:  Leagle

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