Free Motion to Preclude Evidence - District Court of California - California

Case 3:08-cr-00802-JAH

Document 23

Filed 06/02/2008

Page 1 of 2

1 DAVID M.C. PETERSON California State Bar Number 254498 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, California 92101-5008 Tel: (619) 234-8467 / Fax: (619) 687-2666 4 [email protected] 5 Attorneys for Mr. Fernandez 6 7 8 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JOHN A. HOUSTON) ) ) ) Plaintiff, ) v. ) ) JOSE JUAN FERNANDEZ, ) ) ) Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ____________________________________ ) Case No.: 08cr0802-JAH Date: Time: June 13, 2008 8:30 a.m.

10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TO: 27 28 //

NOTICE OF MOTIONS AND MOTIONS IN LIMINE TO: 1) PRECLUDE EVIDENCE UNDER 404(B) AND 609; 2) GRANT ATTORNEY CONDUCTED VOIR DIRE; 3) EXCLUDE 403 EVIDENCE; 4) EXCLUDE EVIDENCE OF STRUCTURE; 5) PRECLUDE MARIJUANA FROM COURTROOM; 6) PRECLUDE EVIDENCE OF PERSONAL USE PARAPHERNALIA AS IMPROPER 404(B); 7) PRECLUDE INTRODUCTION OF DOCUMENTS NOT YET PRODUCED IN DISCOVERY; 8) ORDER PRODUCTION OF SUPPLEMENTAL REPORTS; 9) PRECLUDE DOCUMENTS AND OTHER EVIDENCE OF POVERTY; 10) EXCLUDE EVIDENCE OF DEMEANOR; AND, 11) COMPEL PRODUCTION OF THE GRAND JURY TRANSCRIPTS.

KAREN HEWITT, UNITED STATES ATTORNEY, and PAUL STARITA, ASSISTANT UNITED STATES ATTORNEY

Case 3:08-cr-00802-JAH

Document 23

Filed 06/02/2008

Page 2 of 2

1

PLEASE TAKE NOTICE that, on June 13, 2008, at 8:30 a.m., or as soon thereafter as

2 counsel may be heard, the accused, George Metzgar, by and through his attorneys, David Peterson, Jason Ser, 3 and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions outlined 4 below. 5 6 MOTIONS Mr. Jose Juan Fernandez, by and through his counsel, David Peterson, Jason Ser, and Federal

7 Defenders of San Diego, Inc., brings these motions in limine and other trial motions to: 8 9 10 11 7) 12 13 14 15 Mr. Fernandez brings this motion pursuant to the Fourth, Fifth and Sixth Amendments to the 16 United States Constitution, Fed. R. Crim. P. 12, 16 and 26, and all other applicable statutes, case law and 17 local rules. This motion is based on the previously submitted statement of facts and memorandum of points 18 and authorities. 19 Respectfully submitted, 20 21 Dated: June 2, 2008 22 23 24 25 26 27 28 s/ David M.C. Peterson DAVID M.C. PETERSON Federal Defenders of San Diego, Inc. Attorneys for Mr. Fernandez [email protected] 8) 9) 10) 11) 1) 2) 3) 4) 5) 6) Preclude Evidence Under 404(B) and 609; Grant Attorney Conducted Voir Dire; Exclude 403 Evidence; Exclude Evidence of Structure; Preclude Marijuana From the Courtroom; Preclude Evidence of Personal Use Paraphernalia as Improper 404(b); Preclude Introduction of Documents Not Yet Produced In Discovery; Order Production of Supplemental Reports; Preclude Documents and Other Evidence of Poverty; Exclude Evidence of Mr. Metzgar's Demeanor; and, Compel Production of Grand Jury Transcripts.