Free Motion for Leave to File - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 1714

Filed 03/21/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 1:00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM CONCEPCION SABLAN, RUDY CABRERA SABLAN, Defendants. __________________________________________________________________ William Sablan's Motion For Permission To File An Additional Phase III Death Penalty Motion [Wm DP-26] __________________________________________________________________ William Sablan, through undersigned court-appointed counsel, respectfully requests the Court to allow him to file Wm DP-27, an additional Phase III death penalty motion. As grounds, counsel state: 1. On June 7, 2005, the Court issued a scheduling order. Under its terms, William was to file his Phase III motions ­ motions regarding the penalty phase ­ by February 13, 2006. 2. On February 13, 2006, William filed motions numbered 14 through 23. He also requested and was granted until February 27, 2006 to file additional motions. On February 27, 2006, William filed motions numbered 24 & 25.
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Case 1:00-cr-00531-WYD

Document 1714

Filed 03/21/2006

Page 2 of 3

3. Simultaneously with this motion, William is filing motion number 27. The grounds for this motion just came to counsel's attention and counsel believe it is a meritorious motion that should be brought on William's behalf in this capital case. 4. The government's responses are due next week on March 27, 2006, but counsel would have no objection if government counsel were to seek additional time to respond to Wm DP-27. The hearing on Phase III motions is not until May 15, 2006, so granting this motion will not delay the May hearing. WHEREFORE, William respectfully requests the Court's permission to file Wm DP-27. Dated: March 21, 2006 Respectfully submitted, Patrick J. Burke Dean Neuwirth Burke & Neuwirth P.C. 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 By: s/ Susan L. Foreman Susan L. Foreman 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 Counsel for William Sablan
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Nathan Chambers Chambers, Dansky & Mulvahill 1601 Blake Street, Suite 300 Denver, CO 80202 303-825-2222

Case 1:00-cr-00531-WYD

Document 1714

Filed 03/21/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on March 21, 2006, I electronically filed the foregoing Motion For Permission To File An Additional Phase III Death Penalty Motion [Wm DP-26] with the Clerk of the Court using the CM/EFC system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected] By: s/ Susan L. Foreman

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