Free Motion in Limine - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2915

Filed 05/09/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Case No. 00-cr-00531-WYD-02 UNITED STATES OF AMERICA, Plaintiff, v. RUDY CABRERA SABLAN, Defendant. ______________________________________________________________________________ MEMORANDUM AND MOTION IN LIMINE REGARDING VICTIM IMPACT EVIDENCE ______________________________________________________________________________ Rudy Sablan requests an order limiting the nature and scope of any victim impact evidence in this matter, as more fully discussed herein. PURPOSE AND SCOPE OF VICTIM IMPACT EVIDENCE Victim impact evidence is admissible only to provide a "quick glimpse" of the life of the victim and to describe the loss to the victim's family. This evidence must be limited by 18 USC 3593(c) and by an independent due process analysis. The trial court must exclude unduly inflammatory victim impact evidence because "it is of vital importance to the defendant and to the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion." United States v. Sampson, 335 F.Supp.2d 166, 186 (D. Mass. 2004), citing Gardner v. Florida, 430 U.S. 349, 358 (1977). The due process analysis requires the Court to consider the evidence in the context of all the other evidence in the case and determine whether it contributes to or detracts from a fundamentally fair trial. Id.

Case 1:00-cr-00531-WYD

Document 2915

Filed 05/09/2008

Page 2 of 3

Courts have recognized at least three specific prohibitions on victim impact evidence: 1. 2. 3. The witnesses may not characterize or give their opinions on the crime; They may not characterize or give their opinions on the defendant, and; They may not express an opinion on the appropriate sentence.

Id., at 187. The cases make it clear that victim impact evidence may not be a mere emotional plea. Id. See also, Hain v. Gibson, 287 F.3d 1224, 1238 (10th Cir. 2002). MOTION IN LIMINE Rudy Sablan requests an order directing the government to provide a proffer of any anticipated victim impact evidence. He further requests an order excluding any improper evidence as discussed herein. Respectfully submitted,

s/ Forrest W. Lewis Forrest W. Lewis FORREST W. LEWIS, P.C. 1600 Broadway, Suite 1525 Denver, Colorado 80202 Telephone: (303) 830-2190 Facsimile: (303) 830-1466 E-mail: [email protected]

Donald R. Knight KNIGHT & MOSES, LLC 7852 S. Elati Street, Suite 201 Littleton, Colorado 80120 Telephone: (303) 797-1645 Facsimile: (303) 730-0858 E-mail: [email protected] Attorneys for Defendant Rudy Sablan

Case 1:00-cr-00531-WYD

Document 2915

Filed 05/09/2008

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that the foregoing MEMORANDUM AND MOTION IN LIMINE REGARDING VICTIM IMPACT EVIDENCE was electronically filed with the Clerk of the Court using the CM/ECF system on this 9th day of May, 2008, which will send notification of such filing to the to the following e-mail addresses: Brenda Taylor [email protected] Philip Brimmer [email protected]

s/Polly Ashley