IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA. STATE OF ALABAMA, ) ) ) ) v. ) CASE NO. CC ) ) ) MICHAEL GREGORY HUBBARD, ) ) Defendant.

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1 IN THE CIRCUIT COURT OF LEE COUNTY, ALABAMA ELECTRONICALLY FILED 11/18/2014 9:00 AM 43-CC CIRCUIT COURT OF LEE COUNTY, ALABAMA MARY B. ROBERSON, CLERK STATE OF ALABAMA, v. CASE NO. CC MICHAEL GREGORY HUBBARD, Defendant. STATE S UNOPPOSED MOTION FOR EXTENSION OF TIME The State of Alabama, pursuant to Rules 16.1 and 16.4, Ala. R. Crim. P., hereby moves this Court to extend the time period for the State to produce discovery to defendant Michael Gregory Hubbard ( Hubbard until February 2, Counsel for Hubbard has informed the undersigned that he does not oppose the extension. For that reason, and those stated below, the State respectfully requests that this Court enter an Order extending the time for the State to produce discovery and respond to Hubbard s Motion for Production until February 2, On October 17, 2014, the Lee County Special Grand Jury returned a 23 Count Indictment charging Hubbard with various violations of the Alabama Ethics Law. 1

2 2. On November 7, 2014, Hubbard requested discovery from the State under Rule 16.1, Ala. R. Crim. P. (See Hubbard s Motion for Production. Hubbard has also requested that the State produce exculpatory material under Brady v. Maryland, 373 U.S. 83 (1963 and its progeny. (See id.. The State s response to Hubbard s Rule 16.1 discovery request is due to be produced no later than November 21, See Rule 16.1(a, Ala. R. Crim. P. (requiring discovery to produced within fourteen (14 days after the request... or within such shorter or longer period as may be ordered by the court, on motion, for good cause shown (emphasis added. 2. The State respectfully requests that this Court enter an Order extending the State s deadline to respond to Hubbard s Rule 16.1 discovery request and his request for any exculpatory material until February 2, In addition to his Motion for Production, Hubbard also moved to continue the trial date in this case, which this Court granted and also set a scheduling conference for January 7, In support of his Motion to Continue, Hubbard asserts that he anticipate[s] that the State will produce a substantial volume of pretrial discovery. (Hubbard s Motion to Continue, at 9. The State 1 As Hubbard recognizes in his Motion for Production, Rule 16.1 does not set a specific deadline for the State s response to his request for exculpatory material. (See Hubbard s Motion for Production, Conclusion (reciting the 14 day time limit applicable to discovery requests under Rule 16.1, but requesting this Court to order the production, within a reasonable time prior to trial, of the information and requests for exculpatory material. 2

3 submits that it must review a substantial amount of material prior to producing any discovery. 4. The undersigned has conferred with counsel for Hubbard and he does not oppose the State s request for an extension of time. 5. Accordingly, the State has shown good cause for an extension of time and therefore respectfully requests additional time to respond to Hubbard s Motion for Production. The State expects that it will be able to produce its Rule 16.1 discovery and any exculpatory material on or before February 2, In accordance with the foregoing, the State of Alabama respectfully requests that this Court enter an Order extending the time for the State to produce discovery and respond to defendant Michael Gregory Hubbard s Motion for Discovery until February 2, Respectfully submitted this 18 th day of November W. VAN DAVIS ACTING ATTORNEY GENERAL /s/ Michael B. Duffy Michael B. Duffy mduffy@ago.state.al.us 3

4 OF COUNSEL: W. Van Davis Supernumerary District Attorney, Acting Attorney General rd St. North Pell City, AL Miles M. Hart Chief, Special Prosecutions Division OFFICE OF THE ATTORNEY GENERAL STATE OF ALABAMA 501 Washington Avenue P.O. Box Montgomery, AL ( ( FAX 4

5 CERTIFICATE OF SERVICE I hereby certify that I have, this the 18 th day of November 2014, electronically filed the foregoing using the AlaFile system which will send notification of such filing to the following registered persons, and that those persons not registered with the AlaFile system were served a copy of the foregoing by U. S. mail: J. Mark White, Esq. Augustus Dowd, Esq. William Bowen, Esq. Katherine Kitty Brown, Esq. William Chambers Waller, Esq. White Arnold & Dowd P.C Third Avenue North, Suite 500 Birmingham, AL Phone: ( FAX: ( mwhite@whitearnolddowd.com adowd@whitearnolddowd.com wmbowen@whitearnolddowd.com kbrown@whitearnolddowd.com cwaller@whitearnolddowd.com R. Lance Bell Trussell Funderburg Rea & Bell, PC st Ave South Pell City, AL lance@tfrblaw.com /s/ Michael B. Duffy 5