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

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Tonya J. McMath State Bar #012281 111 West Monroe Suite 1650 Phoenix, Arizona 85003 (602) 254-5544 Attorney for Defendant

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) Plaintiff, ) ) vs. ) ) Victoria Cleto, ) ) Defendant. ) ____________________________________) United States of America, No. CR 04-272-PHX-NVW On Appeal to United States Court of Appeals for the Ninth Circuit Case No. 05-10734 MOTION FOR COURT AUTHORIZATION FOR PREPARATION OF ADDITIONAL TRANSCRIPT PORTIONS

Defendant, Victoria Cleto, through undersigned counsel, respectfully moves this Court for 14 an order authorizing the preparation of the following additional portions of the trial transcript in 15 this case at government expense: prosecution opening statement, defense opening statement, 16 prosecution argument, defense argument, prosecution rebuttal, voir dire and jury instructions. 17 Undersigned counsel has been appointed by this Court to represent Ms. Cleto in her appeal to the 18 Ninth Circuit Court of Appeals. Undersigned counsel did not represent Ms. Cleto in the trial of 19 this matter and has no knowledge of what transpired during any portion of it. Undersigned counsel 20 respectfully submits that the above-requested transcript portions are necessary for her to review 21 in order to identify the existence of and evaluate all possibly meritorious issues on appeal, 22 including, but not limited to, denials of challenges for cause, Batson issues, prosecutorial 23 misconduct, and erroneous jury instructions. 24 25 26 27 28

Case 2:04-cr-00272-NVW

Document 79

Filed 01/18/2006

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For the foregoing reasons, the Defendant, Victoria Cleto, respectfully moves this Court for an order granting the above-requested relief. Respectfully submitted this 18th day of January, 2006. By /s/ Tonya J. McMath Tonya J. McMath Attorney for Defendant Copy of the foregoing filed/delivered via the CM/ECF system this 18th day of January, 2006 and delivered to the following ECF registered recipients: Glenn B. McCormick 40 North Central Ave., Ste. 1200 Phoenix, AZ 85004 Copy of the foregoing mailed this 18th day of January, 2006 to: Laurie Adams Court Reporter 401 West Washington Phoenix, AZ 85003 By /s/ T. McMath

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Case 2:04-cr-00272-NVW Document 79 Filed 01/18/2006 Page 2 of 2