delay

So much for 6 months: Judge reschedules Phoenix Solutions trial for October 2023

Then-House Speaker Glen Casada (R-Franklin) presides over a floor session in Nashville on April 23, 2019. (Erik Schelzig, Tennessee Journal)

As part of his request for delaying his trial on public corruption charges, former House Speaker Glen Casada’s attorney asked for putting off proceedings by 180 days, or six months. U.S. District Judge Eli Richardson nearly doubled that time in scheduling the trial to begin on Oct. 3, 2023.

Here’s the order:

Defendant Casada’s Unopposed Motion to Continue Trial Date and Corresponding Deadlines (Doc. No. 24) and Defendant Cothren’s Motion to Continue Trial and to Extend Pretrial Deadlines (Doc. No. 25) are GRANTED. The trial in this case is rescheduled to October 3, 2023 beginning at 9:00 a.m. The pretrial conference is rescheduled to September 22, 2023 at 9:00 a.m. All lawyers who will try the case shall attend the pretrial conference; as indicated below, the time slot for the pretrial conference alternatively may (upon advance notice to the Court) be used as a change-of-plea hearing, but it is not intended to be a status conference and so counsel should plan and prepare accordingly.

All pretrial motions shall be filed no later than six weeks prior to trial. If a party does not meet this deadline, or any later deadline obtained via a timely motion to extend the deadline, it may be deemed to have waived any right to file pretrial motions. A response to a motion shall be filed within fourteen days after the filing of the motion. A reply in support of a motion, should the movant choose to submit one, shall be filed within seven days after the filing of the response.

Speedy Trial Act

The Defendants have filed waivers of speedy trial (Doc. Nos. 24-1 and 25-1, respectively). The Court concludes that the period of delay is reasonable and is excludable under the Speedy Trial Act, 18 U.S.C. §§ 3161, et seq. The Court specifically finds that the interests of justice served by granting the continuance outweigh the interests of the public and a Defendant in a speedy trial on the date previously scheduled. 18 U.S.C. § 3161(h)(7)(A), (B). The diminished weight of a Defendant’s interest in a speedy trial is reflected by his choice to submit a speedy trial waiver. Moreover, a Defendant is likely to be prejudiced if he is not adequately prepared for trial despite due diligence, and the public interest will not be served if such prejudice ultimately requires this case to be retried.

Change of Plea

Any plea agreement shall be consummated no later than two weeks before the above-stated trial date, and the Courtroom Deputy so notified. Likewise, if a Defendant opts to plead guilty without a plea agreement, the Courtroom Deputy shall be so notified no later than two weeks before the above-stated trial date. If a plea agreement is submitted or if a Defendant opts to plead guilty without a plea agreement, the hearing to take the plea will take place on September 22, 2023 at 9:00 a.m., or at such earlier time as the Court may schedule upon request of the parties.

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