Free Motion to Exclude Documents - District Court of California - California

Case 3:08-cr-00063-LAB

Document 12

Filed 02/11/2008

Page 1 of 2

1

CAREY D. GORDEN California State Bar No. 236251 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 225 Broadway, Suite 900 3 San Diego, California 92101-5030 Telephone: (619) 234-8467
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. Garcia

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) ) ) ) ) Plaintiff, ) ) v. ) ) ) ) PEDRO GARCIA, ) ) ) ) Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ______________________________________ ) // UNITED STATES OF AMERICA, Case No. 08CR0063-LAB DATE: TIME: February 25, 2008 2:00 p.m.

NOTICE OF MOTIONS IN LIMINE AND MOTIONS IN LIMINE: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) TO EXCLUDE DEPORTATION DOCUMENTS; TO PROHIBIT EVIDENCE UNDER FED. R. EVID. 404(B) AND 609; TO ALLOW ATTORNEY-CONDUCTED VOIR DIRE; TO PROHIBIT WITNESSES FROM REFERRING TO MR. GARCIA AS "THE ALIEN"; PRODUCE GRAND JURY TRANSCRIPTS; TO SUPPRESS THE DEPORTATION HEARING AUDIOTAPE OR TRANSCRIPT; TO PRECLUDE EXPERT TESTIMONY; TO PRECLUDE EVIDENCE OF REINSTATEMENTS; PROHIBIT EVIDENCE OF DRUG-USE; AND ALLOW LEAVE TO FILE FURTHER MOTIONS.

Case 3:08-cr-00063-LAB

Document 12

Filed 02/11/2008

Page 2 of 2

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

TO:

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND DAVID KATZ, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on February 25, 2008, at 2:00 p.m., or as soon thereafter as counsel

may be heard, the defendant, Pedro Garcia, by and through his attorneys, Carey D. Gorden and Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions in limine listed below. MOTIONS IN LIMINE Pedro Garcia, the defendant in this case, by and through his attorneys, Carey D. Gorden and Federal Defenders of San Diego, Inc., pursuant to the Amendments to the United States Constitution, the Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves this Court for an order to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Exclude deportation documents; Prohibit evidence under Fed. R. Evid. 404(b) and 609 evidence; Allow attorney-conducted voir dire; Prohibit witnesses from referring to Mr. Garcia as "the alien" Produce grand jury transcripts; Suppress the deportation hearing audiotape or transcript; Preclude expert testimony; Preclude evidence of reinstatements; Prohibit drug-use; and To allow leave to file further motions.

These motions are based upon the instant motions and notice of motions in limine, the attached statement of facts and memorandum of points and authorities, and any and all other materials that may be adduced at the time of the hearing on these motions. Respectfully submitted, /s/ Carey D. Gorden CAREY D. GORDEN Federal Defenders of San Diego, Inc. Attorneys for Mr. Garcia

Dated: February 11, 2008

2

08CR0063-LAB