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

Case 3:07-cr-03161-LAB

Document 11

Filed 12/22/2007

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1 JOSEPH M. McMULLEN 2 FEDERAL DEFENDERS OF SAN DIEGO, INC. 3 San Diego, California 92101-5030 4 Email: [email protected] 5 Attorneys for Mr. Smith-Baltiher 6 7 8 9 10

California State Bar No. 246757 225 Broadway, Suite 900

Telephone: (619) 234-8467

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE LARRY A. BURNS) ) ) Plaintiff, ) ) v. ) ) GENARO SMITH-BALTIHER, ) ) Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ______________________________________ ) Case No. 07CR3161-LAB DATE: TIME: January 7, 2008 2:00 p.m.

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

NOTICE OF MOTIONS IN LIMINE AND MOTIONS IN LIMINE: 1) 2) TO EXCLUDE DEPORTATION DOCUMENTS; TO ADMIT HEARSAY EVIDENCE OFFERED BY FAMILY MEMBERS AS TO THE BIRTH OF OTHER FAMILY MEMBERS RELEVANT TO MR. SMITH-BALTIHER'S DERIVATIVE CITIZENSHIP TO PROHIBIT EVIDENCE UNDER FED. R. EVID. 404(B) AND 609; TO EXCLUDE WITNESSES (A-FILE CUSTODIAN); TO ALLOW ATTORNEY-CONDUCTED VOIR DIRE; TO PROHIBIT WITNESSES FROM REFERRING TO MR. SMITH-BALTIHER AS "THE ALIEN"; PRODUCE GRAND JURY TRANSCRIPTS; TO SUPPRESS THE DEPORTATION HEARING AUDIOTAPE OR TRANSCRIPT; TO PRECLUDE EVIDENCE OF REINSTATEMENTS; AND ALLOW LEAVE TO FILE FURTHER MOTIONS.

3) 4) 5) 6) 7) 8) 9) 10)

Case 3:07-cr-03161-LAB

Document 11

Filed 12/22/2007

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KAREN P. HEWITT, UNITED STATES ATTORNEY, AND CHRISTOPHER M. ALEXANDER, ASSISTANT UNITED STATES ATTORNEY: PLEASE TAKE NOTICE that on January 7, 2008, at 2:00 p.m., or as soon thereafter as counsel may

4 be heard, the defendant, Genaro Smith-Baltiher, by and through his attorneys, Joseph M. McMullen and 5 Federal Defenders of San Diego, Inc., will ask this Court to enter an order granting the motions in limine listed 6 below. 7 8

MOTIONS IN LIMINE Genaro Smith-Baltiher, the defendant in this case, by and through his attorneys, Joseph M. McMullen

9 and Federal Defenders of San Diego, Inc., pursuant to the Amendments to the United States Constitution, the 10 Federal Rules of Criminal Procedure, and all other applicable statutes, case law and local rules, hereby moves 11 this Court for an order: 12 13 14 15 16 17 18

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

to exclude deportation documents; to admit hearsay evidence offered by family members as to the birth of other family members relevant to Mr. Smith-Baltiher's derivative citizenship; to prohibit evidence under Fed. R. Evid. 404(b) and 609 evidence; to exclude witnesses (A-file Custodian); to allow attorney-conducted voir dire; to prohibit witnesses from referring to Mr. Smith-Baltiher as "the alien;" to produce grand jury transcripts; to suppress the deportation hearing audiotape or transcript; to preclude evidence of reinstatements; and to allow leave to file further motions.

These motions are based upon the instant motions and notice of motions in limine, the attached

19 statement of facts and memorandum of points and authorities, and any and all other materials that may be 20 adduced at the time of the hearing on these motions. 21 22 23 Dated: December 22, 2007 24 25 26 27 28

Respectfully submitted, /s/ Joseph M. McMullen JOSEPH M. McMULLEN Federal Defenders of San Diego, Inc. Attorneys for Mr. Smith-Baltiher

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07CR3161-LAB