Free Motion to Change Venue/Transfer Case - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

PAUL K. CHARLTON United States Attorney District of Arizona SHARON K. SEXTON Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 012359 [email protected] Telephone (602) 514-7500

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, Plaintiff, v. Eric Miguel, Defendant. MOTION TO TRANSFER CASE, TO JUDGE CARROLL PURSUANT TO LOCAL RULE 1.2(g)(1); MOTION TO INCORPORATE FILINGS FROM CAUSE NUMBER CR 04-1289-PHX-EHC AND MOTION FOR OCTOBER 18, 2005 TRIAL DATE CR 04-1289-PHX-EHC CR 05-897-PHX-ROS

The United States, by and through counsel undersigned, hereby requests that this court

18 transfer case # CR-05-897-PHX-ROS to Judge Earl H. Carroll for all future proceedings. The 19 basis for this motion is to get two factually identical cases to be heard by one judge, thus 20 promoting the interests of justice and judicial economy, pursuant to Local Rule 1.2. Specifically, 21 CR-05-898-PHX-ROS involves the same homicide that is currently pending before Judge 22 Carroll in CR-04-1289-PHX-EHC. 23 The new cause number was presented to the grand jury to address a defense motion that was 24 filed in case number CR 04-1289-PHX-EHC. Several motion hearings have occurred in 25 CR-04-1289-PHX-EHC, all which relate to the new case, CR-05-897-PHX-ROS. 26 Thus, the government believes that these two identical matters should be heard by one judge. 27 As Judge Carroll has already been actively involved in the older cause number, the government 28 believes it would be most appropriate for Judge Carroll to remain on the new cause number.

Case 2:04-cr-01289-EHC

Document 68

Filed 09/06/2005

Page 1 of 3

1 However, the government requests that Judges Carroll and Judge Silver confer regarding this 2 matter and make such transfer as is consistent with Local Rule 1.2(g)(1). 3 Local Rule 1.2(g)(1) allows for "related cases" to be consolidated when they "(A) arise from

4 substantially the same transaction or event; (B) involve substantially the same parties or 5 property; ...or (E) for any other reason that would entail substantial duplication of labor if heard 6 by different District Judges." The motion shall be filed in each affected case, but shall contain 7 the caption of the case with the lowest number and shall be heard by the District Judge to whom 8 that case is assigned. In this case, the lowest cause number is in Judge Carroll's court. 9 In determining which District Judge will be assigned, the following factors may be

10 considered: "(A) whether substantive matters have been considered in a case; (B) which District 11 Judge has the most familiarity with the issues involved in the case; (C) whether a case is 12 reasonably viewed as the lead or the principal case; or (D) any other factor serving the interest 13 of judicial economy." Local Rule 1.2(g)(4). 14 In the cases at bar, Judge Carroll has presided over substantial hearings regarding the issues.

15 Thus, he has extensive knowledge of this matter. For the reasons set forth above, the 16 Government requests that this matter be set in Judge Carroll's court. 17 Further, because the new cause number involves the same matters that have already been

18 litigated in CR 04-1289-EHC-PHX, the government requests that all matters filed in that case 19 be incorporated in the new cause number. That is, all pleadings filed in CR 04-1289-EHC-PHX 20 shall be considered a part of CR 05-897-PHX-ROS and be decided with consideration for any 21 previous hearings that have been heard in CR 04-1289-PHX-EHC and previous motions that 22 have been filed. Finally, because the new indictment does not add any new charges, the 23 24 25 26 27 28
2

Case 2:04-cr-01289-EHC

Document 68

Filed 09/06/2005

Page 2 of 3

1 government believes that it is most appropriate to keep the same trial date as has been previously 2 set in CR-04-1289-PHX-EHC. 3 4 5 6 7 8 9 10 11 12 13
Jeffrey A. Williams I hereby certify that on September 6, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants:

Respectfully submitted this 6th day of September, 2005. PAUL K. CHARLTON United States Attorney District of Arizona S/Sharon K. Sexton SHARON K. SEXTON Assistant U.S. Attorney

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
3

Case 2:04-cr-01289-EHC

Document 68

Filed 09/06/2005

Page 3 of 3