Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cr-00805-W
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Document 23

Filed 06/19/2008

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SARA M. PELOQUIN Federal Defenders of San Diego, Inc. California State Bar No. 254945 225 Broadway, Suite 900 San Diego, CA 92101-5030 (619) 234-8467/Fax: (619) 687-2666 E-Mail: [email protected] Attorneys for Mrs. Pozo-Campillo,

UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 (HONORABLE THOMAS J. WHELAN) 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 YLIANA POZO-CAMPILLO 15 Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 TO: KAREN P. HEWITT, UNITED STATES ATTORNEY; REBECCA KANTER, ASSISTANT UNITED STATES ATTORNEY; AND W. MARK CONOVER. ASSISTANT UNITED STATES ATTORNEY. 08CR0805-W ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 08CR0805 -W DATE: July 1, 2008 TIME: 9:00 A.M. NOTICE OF MOTIONS AND MOTIONS IN LIMINE TO: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) REQUEST ATTORNEY VOIR DIRE; PRECLUDE 404(b) EVIDENCE; PRECLUDE DOCUMENTS NOT PRODUCED IN DISCOVERY; PRODUCE SUPPLEMENTAL REPORTS PRECLUDE EXPERT TESTIMONY; ADMIT EVIDENCE OF PUNISHMENT; PRECLUDE POVERTY EVIDENCE; PRECLUDE DEMEANOR EVIDENCE; ADMIT COMPLETE POST-ARREST STATEMENTS; EXCLUDE AGENT'S STATEMENTS THAT MS. POZO WAS UNTRUTHFUL PRECLUDE MENTION OF INVOCATION OF FIFTH AMENDMENT RIGHTS PRECLUDE GUILT ASSUMING HYPOTHETICALS SEEKING COMPLIANCE WITH JENCKS ACT

Case 3:08-cr-00805-W
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Dated: June 19, 2008 21 22 23 24 25 26 27 28

Document 23

Filed 06/19/2008

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PLEASE TAKE NOTICE that on July 1, 2008 at 2:00 p.m., or as soon thereafter as counsel may be heard, Yliana Pozo-Campillo, by and through her attorneys, Sara M. Peloquin, and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. MOTIONS Yliana Pozo-Campillo, by and through her attorneys, Sara M. Peloquin and Federal Defenders of San Diego Inc., asks this Court pursuant to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law, and local rules for an order to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Request Attorney Voir Dire; Preclude 404(b) Evidence; Preclude Documents Not Produced In Discovery; Produce Supplemental Reports; Preclude Expert Testimony; Admit Evidence of Punishment; Preclude Poverty Evidence; Preclude Demeanor Evidence; Admit Complete Post-Arrest Statements; Exclude Agent's Statements That Ms. Pozo Was Untruthful Preclude Mention of Invocation of Fifth Amendment Rights; Preclude Guilt Assuming Hypotheticals; and, Seeking Compliance With The Jencks Act.

These motions are based upon the instant motions and notice of motions, the attached statement of facts and memorandum of points and authorities, the files and records in the above-captioned matter, and any and all other materials that may come to this Court's attention prior to or during the hearing of these motions. Respectfully submitted, s/ Sara M. Peloquin SARA M. PELOQUIN Federal Defenders of San Diego, Inc. Attorney for Ms. Pozo-Campillo

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08CR0805-W