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Pre-Trial Conference Proceedings in State of Tennessee vs. Danielle Dwayne Holland

Modified: Sep 22, 2024 1:47 PM

1. Outline
Outline: Pre-Trial Conference for State of Tennessee vs. Danielle Dwayne Holland
Introduction
Case Information: State of Tennessee vs. Danielle Dwayne Holland, Case No. 311081
Date and Location: April 28, 2023, Criminal Court of Hamilton County, Tennessee
Presiding Judge: Judge Amanda B. Dunn
Purpose: Address discovery issues and status of ballistic evidence
Trial Date: Scheduled for May 23, 2023

Key Topics Covered

1. Discovery Issues
Defense Concerns: Defense attorney Ryan Wheeler noted missing discovery items.
Prosecution Response: Assistant District Attorney Michael Dowd acknowledged delays.
Commitment: Dowd promised to provide all discovery materials by the following Monday.

2. Ballistics Evidence
Current Status: Tests conducted by the Tennessee Bureau of Investigation (TBI).
Expected Completion: Mid-May.
Prosecution’s Frustration: Dowd criticized TBI’s slow progress, comparing it unfavorably to other states.

3. Trial Date and Pre-Trial Conference

Scheduled Trial Date: May 23, 2023.
Proposed Pre-Trial Conference: May 15, 2023, to review ballistics report status and discovery materials.

4. Potential Bond Hearing

Defense Request: Address bond issue due to prolonged pre-trial detention.
Court’s Requirement: Bond modification requests must be submitted in writing.

5. Court’s Position
Judge Dunn’s Emphasis: Importance of procedural compliance and fairness.
Consideration of Bond Motion: To be reviewed on May 15 if filed appropriately.

Conclusion
Next Steps: May 15 set to review TBI lab results and potentially address bond issue.
Trial Date: Maintained for May 23 unless further developments require changes.

2. Study guide
Study Guide: Pre-Trial Conference for State of Tennessee vs. Danielle Dwayne Holland
Summary
The pre-trial conference for the case of the State of Tennessee versus Danielle Dwayne Holland, case number 311081, took place
on April 28, 2023, in the Criminal Court of Hamilton County, Tennessee. The session was presided over by Judge Amanda B. Dunn.

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The primary focus of the conference was on discovery issues and the status of ballistic evidence, with the trial scheduled to
commence on May 23, 2023.

Key Topics Discussed

1. Discovery Issues

Defense attorney Ryan Wheeler reported that certain discovery materials had not been received.
Assistant District Attorney Michael Dowd acknowledged the delay and promised to deliver all requested materials,
including phone dumps, videos, audios, and interviews, by the following Monday.

2. Ballistics Evidence

The Tennessee Bureau of Investigation (TBI) was conducting ballistics tests, with completion expected by mid-May.
Dowd expressed dissatisfaction with the TBI’s slow progress, comparing it unfavorably to other states like California.

3. Trial Date and Pre-Trial Conference

The trial was set for May 23, 2023.

A further pre-trial conference was scheduled for May 15, 2023, to review the status of the ballistics report and
ensure all discovery materials were received.

4. Potential Bond Hearing

Defense counsel requested consideration of the bond issue due to Mr. Holland’s extended pre-trial detention of over
two years.
The court stated that any bond modification requests must be submitted in writing.

5. Court’s Position

Judge Dunn stressed the importance of procedural compliance and fairness.

Any bond motion would be considered on May 15, provided it was filed correctly.

The conference concluded with the court setting May 15 as the date to review the status of the TBI lab results and potentially
address the bond issue, while maintaining the trial date of May 23 unless further developments required a change.

Important Dates
May 15, 2023: Further pre-trial conference to review TBI lab results and address bond issues.
May 23, 2023: Scheduled trial date.

Procedural Notes
Discovery materials must be provided in hard copy form by the specified deadline.
Any bond modification requests must be submitted in writing to be considered by the court.

This study guide provides an overview of the key points discussed during the pre-trial conference and outlines the procedural steps
and important dates leading up to the trial.

3. Glossary

Legal Proceedings
Pre-Trial Conference: A meeting held before the trial begins, where parties discuss various aspects of the case, such as
evidence and procedural issues.
Trial Date: The scheduled date on which the trial is set to begin.
Bond Hearing: A court proceeding to determine whether a defendant can be released from custody before trial and under
what conditions.

Discovery and Evidence

Discovery Issues: Problems or delays in the exchange of legal information and evidence between parties in a case.
Ballistics Evidence: Scientific analysis of firearms, ammunition, and the effects of projectiles, often used to link a weapon to
a crime.

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Tennessee Bureau of Investigation (TBI): The state agency responsible for conducting investigations, including forensic
analysis like ballistics tests.

Legal Roles and Responsibilities

Defense Attorney: A lawyer who represents the accused party in a legal proceeding.
Assistant District Attorney: A prosecutor who represents the state in criminal cases.
Judge: A public official appointed to decide cases in a court of law.

Court Procedures
Procedural Compliance: Adherence to the rules and processes established by the court.
Bond Modification Requests: Formal requests to change the conditions or amount of bail set for a defendant.

Case Specifics
Case Number 311081: The unique identifier for the legal case of the State of Tennessee versus Danielle Dwayne Holland.
Judge Amanda B. Dunn: The judge presiding over the case in the Criminal Court of Hamilton County, Tennessee.

4. Practice
What was the primary focus of the pre-trial conference in the case of the State of Tennessee versus Danielle Dwayne
Holland?
Who presided over the pre-trial conference for case number 311081, and in which court was it held?
What specific discovery items were mentioned as not yet received by the defense attorney, Ryan Wheeler?
By what date did Assistant District Attorney Michael Dowd commit to providing all discovery materials in hard copy form?
What was the expected completion date for the ballistics tests being conducted by the Tennessee Bureau of Investigation
(TBI)?
What was the proposed date for the further pre-trial conference to assess the status of the ballistics report?
How long had Mr. Holland been in custody, prompting the defense counsel to request a potential bond hearing?
What did Judge Amanda B. Dunn emphasize regarding procedural compliance and fairness in relation to bond motions?
On what date was the court set to review the status of the TBI lab results and potentially address the bond issue?
What was the scheduled trial date for the case, and under what condition could this date change?

5. Transcript
Criminal Court of Hamilton County, Tennessee, the 11th Judicial District State of Tennessee asterisk asterisk versus asterisk case
number 311081 asterisk Danielle Dwayne Holland asterisk asterisk Friday, April 28, 2023. Transcript of the Pre-Trial Conference.
Volume 1 of 1 Volume The Honorable Amanda B. Dunn, Judge Appearances for the State of Tennessee. Michael Dowd, ESQ
Assistant District Attorney General Hamilton County District Attorney’s Office Courts Building 600 Market Street, Suite 310
Chattanooga, Tennessee 37402 for the defendant, Ryan Wheeler, ESQ Speak, Turner & Newkirk, Pellel C-631, Cherry Street,
Chattanooga, Tennessee, 3740-212-345-6789-10111-213-1415-1617-1819-20-2122-223-2425. Tua and the Criminal Court of
Hamilton County, Tennessee Division II State of Tennessee, v. Case No. 311081, Danielle DeWayne Holland. This cause came on to
be heard and was heard on the 28th day of April 2023, before the Honorable Amanda B. Dunn judge holding the criminal court for
Hamilton County at Chattanooga, Tennessee, and the following proceedings were had to wit. The court, for purposes of the record,
were here in the matter of State v. Donyell Holland, 311081. This matter is set for trial on the charge offers degree murder beginning
May 23 at 9 o’clock at .m. Mr. Holland is in the courtroom and seated next to his attorney at counsel table. We are here this
morning for a pretrial conference. In reviewing the file, it appears the only outstanding motion that I saw was a motion for specific
discovery that was filed on your behalf, Mr. Holland.The defendant, yes ma’am.The court, counsel, and Mr. Wheeler, you can
address this first. Do you believe you’ve received the discovery that you requested in your motion for specific discovery? 1-2-3-4-
5-6-7-8-9-1-0-1-1-1-2-1-3-1-4-1-5-1-6-1-7-1-8-1-9-2-0-2-1-2-2-2-3-2-4-2-5. 3MR. Wheeler, Judge, we’ve not received those
items yet. I’ve spoke with General Dowd, and he said he’s in the process of getting those items to us, your honor.the court, all right.
Mr. Dowd, would you like to be heard on that? Murph Dowd, yes, I would, your honor. This motion was filed on Monday. I received
it on Tuesday. Many of these items, according to the notes, now I guess I should go back on this.the court, sure.MR. Dowd. Last
Monday, the 17th, is the first time I ever appeared on this case. I did not get this case until October of last year that I had notes in
my file that discovery had already been turned over to the court. Adash had it MR. Doubt, including many, if not all, of the items that
are listed on the motion for specific discovery, but I have no reason to believe that counsel is telling me something that’s not
factual. So at that point in time, Your Honor, I decided that in the abundance of caution I, since I don’t know exactly what happened
prior to October of last year, I decided that I was going to just recreate the entire discovery 1-2-3-4-5-6-7-8-9-1-0-1-1-1-2-1-3-1-4-
1-5-1-6-1-7-1-8-1-9-2-0-2-1-2-2-2-3-2-4-2-5. for package of everything that I have and then turn it over to counsel. I do not trust
box. I do not like evidence.com. I think both of them should be thrown in the trash can for all future eternity, but I know that that is
what other people like. I am going to give this in a hard copy form to counsel, including discs that will have all of the phone dumps,
all of the videos, all of the audios, all of the interviews and recordings. So that will all be given to counsel on Monday. I believe that

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should answer the motion for specific discovery since everything that I have in the police have and could possibly have will be
turned over to him. In addition, one of the reasons why we turned, we moved this from last week to this week ice because of TBI
with ballistics. I spoke to TBI yesterday afternoon. They indicated to me that, and I’m going to try to quote them as best as
possible, ballistics have, in fact, started. It is expected to complete by the middle of May. When I asked them what they meant by
the middle of May, they said, the middle of May. They would not give me anything more specific than that. I have already
represented that to council earlier this morning as to what I was told.The court, right? 1, 2, 3, 4, 5, 6, 7, eight nine one zero one one
one two one three one four one five one six one seven one eight one nine two zero two one two two two three two four two five five
a mark dowd there were also two other motions that were previously filed I believe on the 17th of April to the court, yes. Amar
Dowd. A motion for notice of state’s evidence as well as a defendant’s request for Brady exculpatory material. I believe that the
turning over off all of the documentation on Monday will more than suffice to answer those particular requests as well, your honor.
And that is all that I can say about this matter.the court. All right. And I’m, what I will do just for purposes of a full and complete
recordus, I will enter a standard discovery order, which will require them to turn over, the state to turn over everything allowed under
Rule 16 as well as all Brady and Giglio material.mr. Wheeler. Yes, Judge.the Court. And we’re operating on Mr. Dowd’s presentation
to the Court, which I have Norrisen to question, that you will have everything shortly. And frankly, in looking at Mr. Holland’s file, he
appears to have received some things but it may not be everything. So we want to make. Sure. Mr. Holland that you have
everything 12345678910111213141516171819202122232425 6. Emmer Wheeler And your honor we did philia discovery A motion
for discovery There was specific items that I listed out reference That are referenced in my second motion The specific discovery
motion That weren’t included in the actual file that he have So that Just a point of clarity there judged at the court And I assume
that was the case You wouldn’t request it if you didn’t If you already had it, Mr. Wheeler, I certainly understand that. So I will enter
an order to that effect and you understand that Mr. Dowd will provide it. Unfortunately, with respect to the Tennessee Bureau of
Investigation Ballistics Division, I have no authority and counsel in this room knows that ballistics moves very, very slowly. Mr.
Holland, I am very hopeful that those TBI lab results are forthcoming because I do believe you’re entitled to hobby them absolutely
before we proceed as it stands right now, however, we do have via trial date of May the 23rd and so we’re going to maintain that
trial date until further notice or further discussion from the parties.mr doubt with the court’s permission in order to find out about the
tbi ballistics may i suggest perhaps on monday the 15th or tuesday the 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2
1 2 2 2 3 2 4 2 5 716th of may we have a further pre-trial conference to see about the status of the ballistics and hopefully it’s been
turned over prior to then to the court i think that’s wise would you be available on monday the 15th to make sure that everything
has been received, Mr. Wheeler. M.R. Wheeler. Yes, Judge, we would doubt the court. Okay. M.R. Wheeler. And just a general note
for the court, as far as ballistics coming back in the middle of May, I mean, that puts us in a bind timewise on a circumstance where
we would need to have, you know, find an expert just to move forward just based on those results. I mean, that’s not an issue now
because I don’t know what I don’t have, but I just think that that could possibly be an issue and I wanted to just address that now.
The last thing we would want to do is continue the case again because Mr. Holland has been in custody for over two years, But if
there’s a last minute, you know, drop of the information results from the ballistics, then that would leave our side. Scrambling, you
know, could potentially leave our side scrambling for an expert. M.R. Doubt. And the state understands that. 1, 2, 3, 4, 5, 6, 7, 8, 9,
1, 0, 1, 1, 1, 2, 1, 3, 1, 4, 1, 5, 1, 6, 1, 7, 1, 8, 1, 9, 2, 0, 2, 1, 2, 2, 2, 3, 2, 4, 2, 5. 8. And I can tell the court that I am as exasperated
a Sanyan regarding the delays that TBI seems to have with ballistics. that I can tell you that yesterday, and Iltri to quote as best as
possible, I shut my door when I had the discussion with TBI because my voice was getting raised. And I believe at one point in the
discussion I actually told the TBI person, I’ve done ballistics myself. If you want me to come down and get the damn gun and do
the ballistics myself, I’m going to do that. At that point in time the person on the other end said I didn’t need to raise my voice to
them. And I said, if you were doing your damn job, I wouldn’t have to. I come from a state where this would be inexcusable for a lab
to take this long. And quite frankly, the state of California, where I came from, has far more crime than the state of Tennessee, yet to
take nine or twelve months to do ballistics to me is unconscionable So I can tell the court and to counsel in record that I am as
exasperated as anybody else that This is going on and I not happy about it I recognize that depending upon what the ballistics
show me on the 15th when we come back have to address certain issues regarding this that TBI has created 1-2-3-4-5-6-7-8-9-1-
0-1-1-1-2-1-3-1-4-1-5-1-6-1-7-1-8-1-9-2-0-2-1-2-2-2-3-2-4-2-5. 9. I don’t know how things work all the time in the state of
Tennessee. As the court knows, I’m relatively new to this job. Being here only seven months on the job, I can tell the court that
where I came from, the head of the lab would have been in that chair right over there answering questions from the court as to why
it takes that long to do things and being told why you’re not going to be held in contempt for not doing your job. I’m not asking the
court to dot hat. I’m not telling the court what to do. But the fact is this is inexcusable. This is a case that is several years old.
These items have been with TBI for well over, well going on two years now, and this should have been done long ago. And this is
getting to be borderline a joke. But with that being said, I think we can’t really do anything until we’re here on the 15th to see where
Ariat dot the court. I agree. It appears that there are family members here, perhaps of the victim in this case, or maybe family
members of the defendant. In any instance, whoever is present on this matter, you’ve heard what the attorneys have to say.
Unfortunately, in some respects we are all held hostage by how quickly the Tennessee Bureau of Investigation will get the 1-2-3-4-
5-6-7-8-9-1-0-1-1-1-2-1-3-1-4-1-5-1-6-1-7-1-8-1-9-2-0-2-1-2-2-2-3-2-4-2-5-10 ballistics report to us. So, Mr. Holland, you’re in
the same position. You have been incarcerated waiting, you know, on your trial date, and I understand that. I think Mr. Dowd’s
suggestion that we come back on May the 15th is appropriate so we can see the status of lab results, if they’ve even been received
by this point, and also whether, just to ensure the discovery has been turned over, that I see everybody in agreement with that. M.R.
Wheeler, yes, Judge. And on the 15th, E.M.E. client would request that we, just given the extreme delay, that we be able to address
the bond issue on the matter to the court. Well, as I told someone on the state’s behalf earlier, all requests for modification of bond
have to be made via written petition.mr. Wheeler. And we will get that together. My client just wanted to make that known toath
court at the court. All right.MR. Doubt. Council can expect that the state will vehemently oppose that. The court, of course. Or
doubt. The release of any murder at the court. So I will set. The MA. Why 15th for 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8
1 9 2 0 2 1 2 2 2 3 2 4 2 5. 11. The status of TBI lab results and possible bond hearing, Murph Wheeler Yes, Judge.The Court At 9
a.m. All right. So have I addressed everything we needed to address today with respect to outstanding discovery and potential trial
date? Right now I’m hanging on to May 23rd in hopes that that can go forward.MR Doubt That’s all for today, Your Honor.The Court
All right. Mr. Wheeler, anything further on Mr. Holland’s behalf? MR. Wheeler Judge, Mr. Holland would Lakito address the bond

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issue today. Would that be possible? The Court No, no. And here’s why. Andy hold the state’s feet to the fire on the same issue. The
bond statute states that bond, requests to modify your bond in any fashion must be done in a written form, and that written petition
served on your opposing party so they have an opportunity to prepare. Additionally, I anticipate on, with respect to any requests for
a bond reduction that the state will want to have witnesses present to testify on that issue. So while I 1 2 3 4. 5. 6 7 8 9 1 0 1 1 1 2
1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5. 12. Understand your position, which is you have been in custody for a number of
years on this case and you’re ready to move on it. I completely understand that position. I like to do things procedurally that are in
compliance with the statute and they’re in fairness toll of the parties. So that being said, we do have another date set May 15th.
And if a bond motion is filed on your behalf, we will take it up on that date. Anything further counsel? All right. For anyone who is
here on this matter, I thank you for being here today very much, and we will be back May 15th at 9 a.m. M.R. Wheeler. Thank you,
Judge. The court. This matter is concluded End of proceedings End of proceedings 1 Teen. In the Criminal Court of Hamilton
County, Tennessee. State of Tennessee. Versus case no. 311,081. Danielle DeWayne Holland. Order approving transcript. This is to
certify that the transcript of the pretrial conference adduced at the trial of this case has been filed with the clerk on understanding in
accordance with Rule 24 of the Tennessee Rules of Appellate Procedure. The transcript has been examined by counsel for the
defendant and the state and has been found by both to be a true and accurate record of the proceeding. This is to further certify
that the court has examined the transcript of the pretrial conference and has found it to be a true and accurate record of the
proceedings. Therefore, IT is ordered, adjudged, and decreed that the transcript of the pretrial conference is hereby approved by
the court and counsel for defendant and the state, and the clerk is hereby ordered to make the transcript of the pretrial conference
part of the record on appeal in this case. Enter this then. Judge. Approved. Attorney for the State of Tennessee. Attorney for the
Defendant slash Appellant. 1-2-3-4-5-6-7-8-9-1-0-1-1-1-2-1-3-1-4-1-5-1-6-1-7-1-8-1-9-2-0-2-1-2-2-2-3-2-4-2-5. 14. Certificate. I,
the undersigned K. R. Davis, R. M. R. L. C. R. No. 221, Auxiliary Official Court Reporter for the 11th Judicial District of the State of
Tennessee, do hereby certify that the foregoing is a true, accurate and complete transcript, to the best of my knowledge and ability,
of all proceedings had in evidence introduced in the trial of the captioned cause, relative to appeal, in the Criminal Court for
Hamilton County, Tennessee, on the 28th day of April 2023. I do further certify that I am neither of kin, counsel nor interest to any
party here too. Understood. 2023. KR. Davis. RMR. LCR number 221. Expiration date. 6-30-202. For auxiliary official court reporter.
State of Tennessee. 1-2-3-4-5-6-7-8-9-1-0-1-1-1-2-1-3-1-4-1-5-1-6-1-7-1-8-1-9-2-0-2-1-2-2-2-3-2-4-2-5 April 29th Share this
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Copyright 2024 Scripty Inc. Thank you you go you said you’re going on somebody’s boat yeah Leave the kids here. That’s fine. Oh
quit! Oh quit, here he goes again. Stop. What’s he doing? I can’t tell you, but he’s in here. He’s trying to find me. Oh yeah. That’s his
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