HONORABLE PATRICK K. CADDELL

Judicial Practice Preferences
Criminal Sections

 

PRETRIAL

Plea Negotiations:

I get involved in the negotiations being proposed by both sides and come up with my own offer.

I involve myself in either adding additional conditions to the plea or on occasion, undercutting the plea offer.

 

Continuances:

After clearing with opposing counsel, my judicial assistant will remove the hearing and set a new one.

A stipulation for continuance of hearing can be prepared and filed with the clerk along with a new "reset" date.

Counsel may call my judicial assistant and have the hearing "passed" to be reset at a later time.

Discovery Issues:

If there is a problem with discovery rules the attorneys should try and resolve the problem without setting a hearing.

 

Depositions Disputes

I prefer that the attorneys see me when practical during the deposition to resolve the problem.

 

Miscellaneous Problem Resolution:

I prefer never to speak to counsel without the opposing attorney present regardless of the question concerning the case.

I would accept a phone call so long as there is no improper ex-parte communication involved.

 

Motions in Limine:

1.) Before trial at a scheduled hearing

2.) Left to the attorneys to decide

3.) Morning of trial

 

Continuances:

With a stipulation of opposing counsel, my judicial assistant will take it off the trial docket and reset it with the concurrence of both attorneys.

Counsel may come to my chambers to discuss the reasons needed for continuance as well as coordinating a reset date that does not conflict with anyone's calendar.

 

Voir Dire Procedure Preference:

The attorneys shall question entire panel.

 

Policy when Jury enters room:

Counsel may stand or remain seated as long as everybody does the same.

 

Evidence Procedures

I prefer that all evidence be marked with the clerk in advance of its intended use.

If I request to see the evidence, counsel may hand directly to me.

After showing it to opposing counsel, the attorney may then show the exhibit to the witness without showing it to me first.

 

Courtroom Etiquette:

Attorneys should address their arguments and comments to the Court, not to each other.

Don't interrupt!

Look professional and act professional

 

Other Practice and Procedure Comments:

In the event that a defendant is convicted after trial and I remand to custody, I routinely deny any contact visits at that time.

I prefer that counsel request permission to approach the bench, witness and clerk.