07/19/2022 | | ORDER as to dft Derick Irisha Brown (1) re 84 Motion for Change of Venue; The Government having stated no opposition during the telephone conference held on July 19, 2022, the court GRANTS the motion. The venue for all purposes including trial is changed to the Western Division. The Clerks Office is DIRECTED to reassign this case to the Western Division. Signed by Judge L Scott Coogler on 7/19/2022. (KBB) (Entered: 07/19/2022) |
07/19/2022 | 89 | TEXT ORDER: The defendant, Derick Irisha Brown, has filed a motion to dismiss (Doc. 85 ) and a motion to quash a writ of habeas corpus ad prosequendum (Doc. 87 ). The Government is DIRECTED to respond to the motions within fourteen (14) calendar days from the entry day of this order. Signed by Magistrate Judge Staci G Cornelius on 7/19/2022. (KWC, ) (Entered: 07/19/2022) |
07/28/2022 | 90 | TEXT ORDER as to Derick Irisha Brown re 80 Unopposed MOTION to Continue Deadlines; As stated on the record during the telephone conference held on July 19, 2022, the court GRANTS the defendant's motion to extend the pretrial deadlines by two weeks. The deadline for pretrial motions is extended until August 1, 2022, with any response due not later than August 15, 2022. The parties are advised that the trial date of November 14, 2022 will not be continued. Signed by Judge L Scott Coogler on 7/28/2022. (MEB2) (Entered: 07/28/2022) |
08/01/2022 | | RESPONSE to Motion by USA as to Derick Irisha Brown re 87 MOTION to Quash Writ of Habeas Corpus Ad Prosequendum (Byrd, Brittany) (Entered: 08/01/2022) |
08/01/2022 | | ***WITHDRAWN PURSUANT TO ORDER 109 *** MOTION to Exclude Statement Under Federal Rule of Evidence 410(a)(4) by Derick Irisha Brown. (Butler, Kevin) Modified on 9/9/2022 (KBB). (Entered: 08/01/2022) |
08/01/2022 | | MOTION to Suppress Statements by Derick Irisha Brown. (Butler, Kevin) (Entered: 08/01/2022) |
08/01/2022 | | RESPONSE in Opposition by USA as to Derick Irisha Brown re 85 MOTION to Dismiss Counts One and Two (Peeples, Lloyd) (Entered: 08/01/2022) |
08/01/2022 | | NOTICE Pursuant to Rule 12.2(b) by Kevin L Butler (Attachments: # 1 Exhibit)(Butler, Kevin) (Entered: 08/01/2022) |
08/02/2022 | 96 | TEXT ORDER: The defendant Derick Irisha Brown, has filed a motion to exclude (Doc. 92 ) and a motion to suppress (Doc. 93 ). The government is DIRECTED to respond to the motions within fourteen (14) calendar days from the entry day of this order. Signed by Judge L Scott Coogler on 8/2/2022. (MEB2) (Entered: 08/02/2022) |
08/08/2022 | | REPLY TO RESPONSE to Motion by Derick Irisha Brown re 91 Response to Motion, 87 MOTION to Quash Writ of Habeas Corpus Ad Prosequendum (Butler, Kevin) (Entered: 08/08/2022) |
08/08/2022 | | REPLY TO RESPONSE to Motion by Derick Irisha Brown re 94 Response in Opposition, 85 MOTION to Dismiss Counts One and Two (Butler, Kevin) (Entered: 08/08/2022) |
08/15/2022 | | OBJECTIONS to Motion by USA as to Derick Irisha Brown re 93 MOTION to Suppress Statements (Milner, M) Modified on 8/15/2022 (KBB). (Entered: 08/15/2022) |
08/15/2022 | | RESPONSE by USA as to Derick Irisha Brown re 92 MOTION to Exclude Statement Under Federal Rule of Evidence 410(a)(4). (Byrd, Brittany) Modified on 8/15/2022 (KWC, ). (Entered: 08/15/2022) |
08/15/2022 | | ***WITHDRAWN PER ORDER 144*** NOTICE Of Defendant's Intention To Use Expert Testimony by Derick Irisha Brown. (Butler, Kevin) Modified on 8/15/2022 (KWC, ). Modified on 11/7/2022 (KWC, ). (Entered: 08/15/2022) |
08/16/2022 | | NOTICE OF HEARING ON MOTIONS in case as to Derick Irisha Brown re 92 MOTION to Exclude Statement Under Federal Rule of Evidence 410(a)(4) and 93 MOTION to Suppress Statements : Suppression Hearing and Motion Hearing is set for 9/22/2022 at 9:00 AM in Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. (MEB2) (Entered: 08/16/2022) |
08/22/2022 | | MOTION to Amend/Correct 86 MOTION to Expand Examination and Selection of Jurors filed by Derick Irisha Brown by Derick Irisha Brown. (Butler, Kevin) (Entered: 08/22/2022) |
08/22/2022 | | REPLY TO RESPONSE to Motion by Derick Irisha Brown re 100 Response to Motion, 92 MOTION to Exclude Statement Under Federal Rule of Evidence 410(a)(4) (Butler, Kevin) (Entered: 08/22/2022) |
08/22/2022 | | REPLY TO RESPONSE to Motion by Derick Irisha Brown re 99 Response to Motion, 93 MOTION to Suppress Statements (Butler, Kevin) (Entered: 08/22/2022) |
08/29/2022 | | ORDER as to dft Derick Irisha Brown re 85 Motion to Dismiss Counts One and Two of the Indictment and 87 Motion to Quash the Writ of Habeas Corpus Ad Prosequendum; As grounds for her motion to dismiss counts one and two of the indictment, the defendant argues § 1201(a)(1), on its face and as applied in this case, is unconstitutional insofar as it exceeds the scope of Congress' power to regulate commerce. As grounds for her request that the court quash the writ of habeas corpus ad prosequendum, the defendant asserts (1) the federal government does not have a superior interest in prosecuting her that justifies interference with the earlier-instituted state prosecution and (2) she has an interest in resolving the state case first, given the penalty she faces in that proceeding is death. The court DENIES the defendant's motion to dismiss counts one and two of the indictment, 85 , and motion to quash the writ of habeas corpus ad prosequendum, 87 , for the reasons stated further within. Signed by Judge L Scott Coogler on 8/29/2022. (KBB) (Entered: 08/29/2022) |
08/30/2022 | | SUPERSEDING INDICTMENT as to Derick Irisha Brown (1) count(s) 1s, 2s. Please file all subsequent documents using the criminal case number assigned to this indictment. (Attachments: # 1 (SEALED) Signed Superseding Indictment) (KBB) (Entered: 08/31/2022) |
08/31/2022 | 107 | TEXT ORDER as to dft Derick Irisha Brown: Setting Arraignment for Thursday, 9/22/2022, at 9:00 AM at the Federal Building, Tuscaloosa, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 8/31/2022. (KBB) (Entered: 08/31/2022) |
09/08/2022 | | MOTION to Withdraw Defendant's Motion to Exclude Statements Under Federal Rule of Evidence 410(a)(4) DOC 92 by Derick Irisha Brown. (Butler, Kevin) Modified on 9/8/2022 (KBB). (Entered: 09/08/2022) |
09/09/2022 | 109 | ORDER withdrawing 92 Motion to Exclude as to Derick Irisha Brown (1); granting 108 Motion to Withdraw Document as to Derick Irisha Brown (1). Signed by Judge L Scott Coogler on 9/9/22. (Coogler, L) (Entered: 09/09/2022) |
09/22/2022 | | Minute Entry for proceedings held before Judge L Scott Coogler: Arraignment as to Derick Irisha Brown (1) Counts 1s and 2s held on 9/22/2022; deft present with court appointed counsel, FPD Kevin Butler, AFPDs Smith & Robertson; AUSAs Milner, Peeples, & Byrd; rights & charges explained; deft served superseding indictment, waived reading, not guilty plea entered; deft remanded to custody of USM; transcript to be sealed (Court Reporter Lindy Fuller) (MEB2) (Entered: 09/22/2022) |
09/22/2022 | | Minute Entry for proceedings held before Judge L Scott Coogler: Suppression Hearing as to Derick Irisha Brown held on 9/22/2022; deft present with court appointed counsel, FPD Kevin Butler, AFPDs Smith & Robertson; AUSAs Milner, Peeples, & Byrd; court's opening remarks; gov't witness testimony (Det. T. Brown); gov't exhibits 1-9 identified & received; court orders ALL admitted exhibits and the transcript of proceeding to be SEALED; deft's exhibits 1A-1F, 2A-2C, & 3 identified & received; deft witness testimony (Dr. H. Griffith); deft's exhibits 4A & 4H identified & received; court's questions to deft witness; arguments by counsel; separate order to be entered; deft remanded to custody of USM; hrg adj (Court Reporter Lindy Fuller) (MEB2) (Entered: 09/23/2022) |
09/23/2022 | | *SEALED* EXHIBITS admitted on 9/22/2022 for Suppression Hearing by USA as to Derick Irisha Brown: Exhibit 1 - USB Drive (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9) (MEB2) (Entered: 09/23/2022) |
09/23/2022 | | *SEALED* EXHIBITS admitted on 9/22/2022 for Suppression Hearing by Derick Irisha Brown (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B - Disc, # 3 Exhibit 1C - Disc, # 4 Exhibit 1D, # 5 Exhibit 1E, # 6 Exhibit 1F, # 7 Exhibit 2A, # 8 Exhibit 2B - Disc, # 9 Exhibit 2C, # 10 Exhibit 3 - Disc, # 11 Exhibit 4A, # 12 Exhibit 4H) (MEB2) (Entered: 09/23/2022) |
09/27/2022 | 112 | TEXT ORDER as to Derick Irisha Brown: Following the suppression hearing held on 9/22/2022, the government submitted a statement to the court indicating that the government would not present any additional testimony in support or rebuttal of the suppression hearing. The parties have submitted a joint briefing schedule which the court accepts. The following deadlines are as follows: Government's brief in support is due on or before 10/3/2022. Defendant's brief in response is due on or before 10/10/2022. Government's reply brief is due on or before 10/17/2022. Signed by Judge L Scott Coogler on 9/27/2022. (MEB2) (Entered: 09/27/2022) |
10/03/2022 | | RESPONSE to Motion by USA as to Derick Irisha Brown re 93 MOTION to Suppress Statements United States Supplemental Brief in Support of Defendant's Knowing, Voluntary, and Intelligent Miranda Waiver (Byrd, Brittany) (Entered: 10/03/2022) |
10/04/2022 | | ***SEALED***Transcript of Arraignment and Suppression Hearing as to dft Derick Irisha Brown held on 9/22/2022, before Judge L. Scott Coogler. Court Reporter/Transcriber LIndy Fuller, Telephone number 205-278-2062. Transcript is not available for viewing at the public terminal nor for purchase through the Court Reporter/Transcriber. (KBB) (KBB, ). (Entered: 10/04/2022) |
10/11/2022 | | RESPONSE to by Derick Irisha Brown re 113 Government's Supplemental Brief Opposing Suppression Of Custodial Statements (Butler, Kevin) (Entered: 10/11/2022) |
10/17/2022 | | First MOTION in Limine To Limit Cumulative Evidence About The Victim by Derick Irisha Brown. (Butler, Kevin) (Entered: 10/17/2022) |
10/17/2022 | | Second MOTION in Limine To Exclude Specific Irrelevant, Speculative, and Prejudicial Evidence by Derick Irisha Brown. (Butler, Kevin) (Entered: 10/17/2022) |
10/17/2022 | | Third MOTION in Limine To Limit Evidence Of And About Death Of Victim by Derick Irisha Brown. (Butler, Kevin) (Entered: 10/17/2022) |
10/18/2022 | | REPLY to Response by USA as to Derick Irisha Brown re 115 Reply to Defense Response to United States Supplemental Brief (Byrd, Brittany) Modified on 10/18/2022 (KBB). (Entered: 10/18/2022) |
10/19/2022 | | NOTICE Government's Amended Notice of Intention to Use Expert Testimony by Brittany Tedford Byrd (Byrd, Brittany) (Entered: 10/19/2022) |
10/24/2022 | | MOTION for Leave to File Document under Seal by USA as to Derick Irisha Brown. (Milner, M) (Entered: 10/24/2022) |
10/24/2022 | 124 | TEXT ORDER granting 123 Motion for Leave to File document under SEAL as to Derick Irisha Brown (1). Signed by Judge L Scott Coogler on 10/24/2022. (KWC, ) (Entered: 10/24/2022) |
10/24/2022 | | Sealed Document (KWC, ) (Entered: 10/24/2022) |
10/24/2022 | 126 | TEXT ORDER as to Derick Irisha Brown GRANTING 122 EXPARTE MOTION To Issue Subpoenas For Trial filed by Derick Irisha Brown; Subpoenas to be issued. Signed by Magistrate Judge Staci G Cornelius on 10/24/2022. (KWC, ) (Entered: 10/24/2022) |
10/31/2022 | | RESPONSE in Opposition by USA as to Derick Irisha Brown re 116 First MOTION in Limine To Limit Cumulative Evidence About The Victim, 118 Third MOTION in Limine To Limit Evidence Of And About Death Of Victim, 117 Second MOTION in Limine To Exclude Specific Irrelevant, Speculative, and Prejudicial Evidence (Peeples, Lloyd) (Entered: 10/31/2022) |
10/31/2022 | | MOTION for Leave to File Under Seal by Derick Irisha Brown. (Butler, Kevin) (Entered: 10/31/2022) |
11/01/2022 | | NOTICE OF HEARING as to Derick Irisha Brown: Telephone Conference is set for 11/2/2022 at 10:30 AM before Judge L Scott Coogler. Counsel is to dial 877-336-1828 and use Access Code 1966344 five (5) minutes prior to the start of the conference. (MEB2) (Entered: 11/01/2022) |
11/01/2022 | | MOTION for Leave to File Document Under Seal by Derick Irisha Brown. (Butler, Kevin) (Entered: 11/01/2022) |
11/01/2022 | 131 | TEXT ORDER granting 129 Motion for Leave to File document under seal as to Derick Irisha Brown (1). Signed by Judge L Scott Coogler on 11/1/2022. (KWC, ) (Entered: 11/01/2022) |
11/01/2022 | | SEALED MOTION (KWC, ) (Entered: 11/01/2022) |
11/01/2022 | 133 | TEXT ORDER granting 130 Motion for Leave to File document under seal as to Derick Irisha Brown (1). Signed by Judge L Scott Coogler on 11/1/2022. (KWC, ) (Entered: 11/01/2022) |
11/01/2022 | | **WITHDRAWN PURSUANT TO ORDER 145** SEALED MOTION (KWC) Modified on 11/7/2022 (MEB2). (Entered: 11/01/2022) |
11/01/2022 | 135 | ORDER as to Derick Irisha Brown re 134 SEALED MOTION; Motion Hearing set for 11/4/2022 11:00 AM before Magistrate Judge Staci G Cornelius; Signed by Magistrate Judge Staci G Cornelius on 11/1/2022. (BST, ) (Entered: 11/01/2022) |
11/02/2022 | | Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference as to Derick Irisha Brown held on 11/2/2022 (MEB2) (Entered: 11/02/2022) |
11/03/2022 | | ORDER DENYING 9 MOTION to Stay Deadline to File Motion to Dismiss as to Derick Irisha Brown (1), and DENYING 14 AMENDED MOTION To Access and Copy Grand Jury Records as to Derick Irisha Brown (1), for reasons as set out. Signed by Magistrate Judge Staci G Cornelius on 11/3/2022. (KWC, ) (Entered: 11/03/2022) |
11/03/2022 | | ORDER DENYING 93 Motion to Suppress as to Derick Irisha Brown (1) as set out; Brown's statements to law enforcement will not be suppressed. Signed by Judge L Scott Coogler on 11/3/2022. (KWC, ) (Entered: 11/03/2022) |
11/04/2022 | | Proposed Jury Instructions by USA as to Derick Irisha Brown (Milner, M) (Entered: 11/04/2022) |
11/04/2022 | | Proposed Voir Dire by USA as to Derick Irisha Brown (Milner, M) (Entered: 11/04/2022) |
11/04/2022 | | Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius:Motion Hearing as to Derick Irisha Brown held on 11/4/2022 re 134 SEALED MOTION; dft present w/Butler, Smith and Robertson; AUSAs Peeples, Milner and Byrd also present. (Court Reporter Lindy Fuller.) (BST, ) (Entered: 11/04/2022) |
11/04/2022 | | MOTION TO WITHDRAW DEFENDANT'S NOTICE OF INTENTION TO USE EXPERT TESTIMONY re document 101 by Derick Irisha Brown. (Butler, Kevin) (Entered: 11/04/2022) |
11/04/2022 | | MOTION to Withdraw Document 134 SEALED MOTION by Derick Irisha Brown. (Butler, Kevin) Modified on 11/4/2022 (KAB, ). (Entered: 11/04/2022) |
11/07/2022 | 144 | TEXT ORDER granting 142 MOTION TO WITHDRAW DEFENDANT'S NOTICE OF INTENTION TO USE EXPERT TESTIMONY re document 101 as to Derick Irisha Brown. Signed by Judge L Scott Coogler on 11/7/2022. (MEB2) (Entered: 11/07/2022) |
11/07/2022 | 145 | TEXT ORDER granting 143 Motion to Withdraw Document re 134 SEALED MOTION as to Derick Irisha Brown. Signed by Judge L Scott Coogler on 11/7/2022. (MEB2) (Entered: 11/07/2022) |
11/07/2022 | | NOTICE OF HEARING as to Derick Irisha Brown: Telephone Conference is set for 11/9/2022 at 11:00 AM before Judge L Scott Coogler. The Courtroom Deputy will email the dial-in information to the parties separately. (MEB2) (Entered: 11/07/2022) |
11/07/2022 | | MOTION for Leave to File a Document Under Seal by USA as to Derick Irisha Brown. (Byrd, Brittany) (Entered: 11/07/2022) |
11/07/2022 | 147 | ORDER granting 146 Motion for Leave to File as to Derick Irisha Brown (1); Signed by Magistrate Judge Staci G Cornelius on 11/7/2022. (BST, ) (Entered: 11/07/2022) |
11/07/2022 | | SEALED DOCUMENT (KBB) (Modified to change from Sealed Motion to Sealed Document on 11/10/2022 (MEB2). (Entered: 11/07/2022) |
11/09/2022 | | MOTION for Leave to File Under Seal by Derick Irisha Brown. (Butler, Kevin) (Entered: 11/09/2022) |
11/09/2022 | 153 | TEXT ORDER granting 152 Motion for Leave to File as to Derick Irisha Brown (1). Signed by Judge L Scott Coogler on 11/9/2022. (KBB) (Entered: 11/09/2022) |
11/09/2022 | | SEALED MOTION (KBB) (Entered: 11/09/2022) |
11/09/2022 | | REPLY TO RESPONSE to Motion by Derick Irisha Brown re 128 Response in Opposition, 116 First MOTION in Limine To Limit Cumulative Evidence About The Victim, 118 Third MOTION in Limine To Limit Evidence Of And About Death Of Victim, 117 Second MOTION in Limine To Exclude Specific Irrelevant, Speculative, and Prejudicial Evidence (Butler, Kevin) (Entered: 11/09/2022) |
11/09/2022 | | Minute Entry for proceedings held before Judge L Scott Coogler: Telephone Conference as to Derick Irisha Brown held on 11/9/2022 (MEB2) (Entered: 11/09/2022) |
11/09/2022 | | NOTICE of Stipulations Between the United States and Derick Irisha Brown as to dft Derick Irisha Brown filed by Lloyd C Peeples, III (Peeples, Lloyd) (Modified to include document title and dft name on 11/9/2022) (KBB). (Entered: 11/09/2022) |
11/09/2022 | | Proposed Jury Instructions by Derick Irisha Brown (Butler, Kevin) (Entered: 11/09/2022) |
11/09/2022 | | Proposed Voir Dire by Derick Irisha Brown (Butler, Kevin) (Entered: 11/09/2022) |
11/10/2022 | 160 | ORDER granting in part and denying in part 86 Motion as to Derick Irisha Brown (1). The Court intends to seat at least three alternate jurors and will conduct certain of the requested Voir Dire. Signed by Judge L Scott Coogler on 11/10/2022. (Coogler, L) (Entered: 11/10/2022) |
11/10/2022 | 161 | ORDER denying 102 Motion to Amend/Correct as to Derick Irisha Brown (1). Signed by Judge L Scott Coogler on 11/10/2023. (Coogler, L) (Entered: 11/10/2022) |
11/10/2022 | 162 | ORDER denying 116 Motion in Limine as to Derick Irisha Brown (1). The Court finds no reason to grant a motion in Limine as to this matter. The Court will however rule on any objection raised by the Defendant if and when any such evidence is offered during the trial. The Defendant must object to such evidence at trial so the court can view the same along with other evidence presented up to that point. Signed by Judge L Scott Coogler on 11/10/22. (Coogler, L) (Entered: 11/10/2022) |
11/10/2022 | 163 | ORDER denying 117 Motion in Limine as to Derick Irisha Brown (1). The Court finds no reason to grant a motion in limine as to this matter. The Court will however rule on any objection raised by the Defendant if and when any such evidence is offered during the trial. The Defendant must object to such evidence at trial so the court can view the same along with other evidence presented up to that point. The Government should notify the Court and the Defense of its intention to present such evidence immediately before soliciting it from any witness. The Government shall also caution its witnesses not to volunteer such evidence without a direct question calling for such testimony. Signed by Judge L Scott Coogler on 11/10/22. (Coogler, L) (Entered: 11/10/2022) |
11/14/2022 | | Minute Entry for proceedings held before Judge L Scott Coogler: Jury Organized, Voir Dire, Jury Selection as to Derick Irisha Brown held on 11/14/2022. Jury Trial beginning. Opening Statements. USA Testimony begins. A. Thomas examined on direct and cross and released. S. Long examined on direct and cross and released. D. Bradley examined on direct and cross and released. M. Tootle examined on direct and cross and released. E. Salvador examined on direct and cross and released for the day, cross to be continued. Court adjourned for the day. Trial to resume at 9:00 AM on Tuesday, November 15, 2022. (Court Reporter Lindy Fuller) (MEB2) (Entered: 11/14/2022) |
11/15/2022 | | Minute Entry for proceedings held before Judge L Scott Coogler: Jury Trial as to Derick Irisha Brown held on 11/15/2022. Out of jury presence hearing. USA Testimony continuing. E. Salvador cross continued and released. J. Spaeth examined on direct and cross and released. M. Chaney examined on cross and direct and released. S. Osbourne examined on direct and cross and released. D. Douglas examined on direct and cross, released but subject to being recalled. D. Douglas examined on direct and cross and released. T. Brown examined on direct and cross and released. Out of jury presence hearing, court's ruling as stated on the record. S. Ruffin examined on direct and released. B. Downing examined on direct and cross and released. C. Fisher examined on direct and cross and released for the day, cross to be continued. Out of presence of jury hearing. Court adjourned for the day. Trial to resume at 9:00 AM on Wednesday, November 16, 2022. (Court Reporter Lindy Fuller) (MEB2) (Entered: 11/15/2022) |