Free Order on Motion to Exclude - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1784

Filed 04/28/2006

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Wiley Y. Daniel Criminal Case No. 00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. 1. WILLIAM CONCEPCION SABLAN and 2. RUDY CABRERA SABLAN, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ THIS MATTER is before the Court on William Sablan' Motion to Prohibit the s Jury From Being Provided a Copy of the Government' Notice of Intent to Seek the s Death Penalty for Use During Its Deliberations [Wm DP-23] filed February 13, 2006, and Rudy Sablan' Motion in Limine Regarding Allegations of Future Dangerousness s (R-54) filed February 21, 2006. These motions seek an order that the Notice of Intent to Seek the Death Penalty [" NOI" as to each Defendant not be given to the jury in any ] form. Rudy Sablan also requests that the language " including but not limited to" contained in Section (C) of the NOI filed as to him be stricken. The Government filed a consolidated response to these motions on March 27, 2006. The Government states in the response that it has no objection to the requests that the NOIs not be given to the jury. Further, as to Rudy Sablan' request that certain s language be stricken, the Government does not object to striking the words " including

Case 1:00-cr-00531-WYD

Document 1784

Filed 04/28/2006

Page 2 of 2

but not limited to"contained in Section (C) of the NOI. Since the Government does not object to the relief sought by Defendants in their motions, I agree with the Government that these two motions filed by Defendants should be granted. Accordingly, it is ORDERED that William Sablan' Motion to Prohibit the Jury From Being s Provided a Copy of the Government' Notice of Intent to Seek the Death Penalty for s Use During Its Deliberations [Wm DP-23] filed February 13, 2006, is GRANTED. It is FURTHER ORDERED that Rudy Sablan' Motion in Limine Regarding s Allegations of Future Dangerousness (R-54) filed February 21, 2006, is GRANTED. Consistent with the relief sought in those motions, it is ORDERED that the jury shall not be provided a copy of the Notices of Intent to Seek the Death Penalty and the Amended Notices of Intent to Seek the Death Penalty. It is FURTHER ORDERED that by Thursday, May 11, 2006, the Government shall file a second amended Notice of Intent to Seek Death as to Rudy Sablan, wherein the words " including but not limited to"contained in Section (C) of the NOI shall be stricken. Dated: April 28, 2006 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel U. S. District Judge

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