Motion for Bill of Particulars

IN THE GEORGIA STATE COURT OF ROCKDALE COUNTY

  _____________________________)
  STATE OF GEORGIA,            )
  ROCKDALE COUNTY              )
  Plaintiff,                   )
  v.                           )
  No. 2004-SR-3541             )
  Perry Patriot,          )
  Defendant.                   )
  _____________________________)

MOTION FOR A BILL OF PARTICULARS

Perry Patriot, respectfully requests that the Court order a Bill of
Particulars to be provided by the government. Mr. Langham requires a
Bill of Particulars because there is no detailed explanation in the
ACCUSATION presented. The indictment does not provide Mr. Langham with
the information necessary to properly Plead nor to prepare his defense.
The requisite case law is set forth in Mr. Langham's accompanying
Memorandum of Law.

In support of his Motion, Mr. Langham relies on the accompanying
Memorandum of Law.

WHEREFORE, for the reasons set forth above and in the attached
memorandum of law, Mr. Langham respectfully requests that the Court
order the provision of a Bill of Particulars.

Respectfully submitted,

By: ________________________

DATED: January 3, 2005

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Alternate -------- simpler --------(could add Memo of Law or not) -----

MOTION FOR A BILL OF PARTICULARS:

COMES NOW the Defendant, Perry Patriot, who moves this Honorable
Court to order the State's Attorney to produce a Bill of Particulars for
the following reasons:

1. The Defendant was charged with the offense of OBSTRUCTION OF A LAW
ENFORCEMENT OFFICER by ACCUSATION on 21 SEPT 2004, “...by failing to
obey his commands...”

2. The ACCUSATION fails to specify with peculiarity the following:
a. The particular acts alleged.
b. The time and circumstances of the alleged acts.

3. The Defendant requires the above information to properly plead as
well as prepare an adequate defense.

4. This Court has the discretion to require the State to produce a Bill
of Particulars.

WHEREFORE, the Defendant requests that this Honorable Court order the
State to provide the Defendant with a Bill of Particulars setting forth
the missing information as soon as possible.

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IN THE GEORGIA STATE COURT OF ROCKDALE COUNTY

_____________________________
)
STATE OF GEORGIA, )
ROCKDALE COUNTY )
Plaintiff, )
v. )
) No. 2004-SR-3541
Perry Patriot, )
Defendant. )
_____________________________)

MEMORANDUM OF LAW IN SUPPORT OF
MOTION FOR A BILL OF PARTICULARS

Perry Patriot, respectfully requests that the Court order the
provision of a Bill of Particulars pursuant to Georgia Rule of Criminal
Procedure ??. Provision of a Bill of Particulars is required in this
matter because the indictment does not provide Mr. Langham with the
appropriate information necessary to prepare his defense. In support of
his Motion, Mr. Langham states as follows:

Under Fed. R. Crim. Pro. 7(f), it is in the Court's sound discretion to
order the provision of a bill of particulars. The purpose of a bill of
particulars is to "fairly apprise the defendant of the charges against
him so that he may adequately prepare a defense and avoid surprise at
trial. . . ." United States v. Fletcher, 74 F.3d 49, 53 (4th Cir. 1996).

A bill of particulars amplifies the indictment by providing missing or
additional information necessary for effective preparation for trial. Id.
A bill of particulars is particularly appropriate where, although the
indictment contains general allegations necessary to plead the charged
counts, it does not provide specifics as to the indictment's charges.
See United States v. Loayza, 107 F.3d 257, 261 (4th Cir. 1997)(a bill of
particulars "is available to add specifics beyond those required for the
indictment to pass constitutional muster.") In such cases, provision of
detailed information must be made by the government, especially when
that information is crucial to the creation of a defense against the
charges. Id.

Provision of the above-described information is necessary for Mr.
Langham to adequately prepare his defense. As is clear from the
indictment, the charges against Mr. Langham concern specific statements
and conversations with those persons set forth in the indictment. The
circumstances and content of these conversation are not only essential
to proving the criminal conduct; they are the criminal conduct itself.
Mr. Langham needs to know the circumstances and contents of these
conversations in order to truly understand the charges against him, and
to adequately prepare a defense to the charges.

CONCLUSION
WHEREFORE, for the foregoing reasons, the Court should order the filing
of a Bill of Particulars to provide Mr. Langham with the specific
information necessary to his defense as set forth above.
Respectfully submitted,

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DATED:
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion
For a Bill of Particulars and Memorandum of Law in Support thereof was
served, via hand-delivery, on this date on the following:

Richard R Read
District Attorney/Solicitor General
Rockdale Judicial Circuit

__________________________________
Perry L Langham

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IN THE GEORGIA STATE COURT OF ROCKDALE COUNTY

_____________________________
)
STATE OF GEORGIA, )
ROCKDALE COUNTY )
Plaintiff, )
v. )
) No. 2004-SR-3541
Perry Patriot, )
)
Defendant. )
_____________________________)
PROPOSED ORDER

Upon consideration of Mr. Langham's Motion For a Bill of Particulars, it
is this _______ day of _____________, 2005, hereby
ORDERED that Mr. Langham's Motion is hereby GRANTED, and it is further
ORDERED that the Office of District Attorney/Solicitor General will file
a Bill of Particulars within ten (10) days of the entry of this Order
providing the information sought by the above described Motion.

____________________________
Hon.
Rockdale State Court Judge