Free Motion Hearing - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CRIMINAL MINUTES (Motion Hearing)

Phoenix Division CR03 / 1269 / -1,2 PHX NVW Year Case No. Dft # HON: NEIL V. WAKE DATE: August 3, 2005

Judge # 7032

USA v. Stewart, Sharen (see below) Last Name First Name Middle Initial DEFENDANT: Present X Not Present X Released Custody Writ Deputy Clerk: Sandi Fredlund Crt Rptr/ECR: Laurie Adams U.S Atty: Michelle Hamilton and Paul Rood Dft counsel: Patricia Gitre, CJA ============================================================================= Other PROCEEDINGS: X Open Court Chambers Dft Paul Bryan 02, not present/released, atty Tonya McMath (CJA), present This is the time for motion hearing on pending motions. Argument is held. Motion in Limine re Codefendant Stewart's hearsay Statements [doc. 93]-- the Court is unable to rule at this time and the motion is taken under advisement. The Motion to Sever Defendants (Relief from Misjoinder Pursuant to Rules 8 and 14) [doc. 97] is denied. The Motion to Sever Defendants (Relief from Prejudicial Joinder Pursuant to Rule 14) [doc. 92] is denied. The Motion to Preclude Other Act Evidence Pursuant to Rule 404(b) [doc. 70] is taken under advisement and the Court anticipates issuing a written ruling very shortly. The Government is directed to file the "hearsay list" by the end of August. Defendant's Second Motion to Extend Time to File Pretrial Motions [doc. 132] is granted and defendant's pretrial motion deadline is extended to September 26, 2005. The Court vacates the motion hearings set 9/2/05 and resets the motion hearing on anticipated defense motions for October 7, 2005 at 2:00 p.m. Note: Defendant's Motion for Joinder in Severance Motions [doc. 133] is granted. Defendant's Motion to Seal [doc. 72] is moot pursuant to the order entered by document 75. Trial date of October 25, 2005 is affirmed.

Time in Court: 2 hrs, 2 mins.

Case 2:03-cr-01269-NVW

Document 134

Filed 08/03/2005

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