United States v. Biggs (II)

2018 WL 785864 (2018)

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United States v. Biggs (II)

United States District Court for the District of Oregon
2018 WL 785864 (2018)

  • Written by Sharon Feldman, JD

Facts

Donald Biggs (defendant) was indicted for sex offenses involving minors. The court granted a continuance, scheduling the trial to begin over two and a half years after indictment. The government (plaintiff) and court staff rearranged their schedules and made travel arrangements for the trial. Jury summonses were issued. The government planned to call the minors as witnesses, some of whom would be graduating from high school that spring. Biggs requested another four-to-six-month continuance, arguing that his lawyer needed additional time to review text messages and video evidence that had been available only during limited hours at the police station and to contact potential witnesses related to out-of-state trips. The government agreed to make the video evidence available at any time in two locations, including where the defendant’s expert was located; to dismiss the interstate-travel charges; and to permit the defense to use government technology to search text messages. The government requested that the case be designated of special public importance under 18 U.S.C.§ 3509(j), which requires a court to expedite proceedings in which a child is to testify.

Rule of Law

Issue

Holding and Reasoning (Aiken, J.)

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