Free Motion to Exclude - District Court of California - California

Case 3:08-cr-00644-LAB
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // Attorneys for Mr. Orozco Aguirre

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Filed 06/09/2008

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STEVEN F. HUBACHEK California Bar No. 147703 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 San Diego, California 92101-5008 Telephone: (619) 234-8467 Facsimile: (619) 687-2666 [email protected]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) ) ) Plaintiff, ) ) v. ) ) VICTOR MANUEL OROZCO-AGUIRRE, ) ) Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ________________________________________ ) UNITED STATES OF AMERICA, Case No. 08CR0644-LAB Date: June 16, 2008 Time: 2:30 p.m NOTICE OF MOTIONS IN LIMINE AND MOTIONS IN LIMINE TO: (1) EXCLUDE VALUE TESTIMONY; (2) EXCLUDE TESTIMONY REGARDING NERVOUSNESS; (3) EXCLUDE OPINION TESTIMONY ON THE CONDITION OF THE SEAL (4) PRECLUDE 404(B) AND 609 EVIDENCE; (5)PRECLUDE VOUCHING; (6) COMPEL PRODUCTION OF GRAND JURY TRANSCRIPTS; (7) PROVIDE A SEPARATE COPY OF JURY INSTRUCTIONS TO EACH JUROR; (8) ALLOW ATTORNEY-CONDUCTED VOIR DIRE; (9) EXCLUDE NARCOTICS FROM THE COURTROOM; (10) PRECLUDE TECS HISTORY; (11) EXCLUDE THE INDICTMENT FROM THE JURY ROOM; (12) ORDER PRODUCTION OF ANY SUPPLEMENTAL REPORTS;; (13) PRECLUDE GUILT-ASSUMING HYPOTHETICALS (14) GRANT LEAVE TO FILE FURTHER MOTIONS.

Case 3:08-cr-00644-LAB
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 9, 2008 TO:

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KAREN P. HEWITT, UNITED STATES ATTORNEY, AND RANDY JONES, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on June 16, 2008, at 2:30 p.m , or as soon thereafter as counsel may

be heard, defendant, Victor Manuel Orozco Aguirre, by and through his attorneys, Steven F. Hubachek, and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the following motions. MOTIONS Defendant, Victor Manuel Orozco Aguirre, by and through his attorneys, Steven F. Hubachek 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) (14) Exclude Value Testimony; Exclude Testimony Regarding Nervousness; Exclude Opinion Testimony on the Condition of the Seal Preclude Admission of 404(b) and 609 Evidence; Preclude Vouching; Compel Production of Grand Jury Transcripts; Provide a Separate Copy of Jury Instructions to Each Juror; Allow Attorney-Conducted Voir Dire; Exclude Narcotics From the Courtroom. Preclude TECS History; Exclude the Indictment From the Jury Room; Order Production of Any Supplemental Reports; Preclude Guilt-Assuming Hypotheticals; and Grant Leave to File Further Motions.

These motions in limine 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/ Steven F. Hubachek STEVEN F. HUBACHEK Federal Defenders of San Diego, Inc. Attorneys for Defendant [email protected]

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Case 3:08-cr-00644-LAB
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 9, 2008

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CERTIFICATE OF SERVICE Counsel for Defendant certifies that the foregoing pleading is true and accurate to the best of his information and belief, and that a copy of the foregoing document has been served this day upon: Randy K. Jones U S Attorneys Office Southern District of California 880 Front Street Room 6293 San Diego, CA 92101 (619)557-5610 Fax: (619)235-2757 Email: [email protected] Respectfully submitted,

/s/ Steven F. Hubachek STEVEN F. HUBACHEK Federal Defenders of San Diego, Inc. Attorneys for Defendant [email protected]

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