Free Other Notice - District Court of Arizona - Arizona

Carmen L. Fischer Attorney at Law 2 SBN #009975 Phillip E. Hantel 3 Attorney at Law
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A ttorneys for H enry W atkins Louisiana B ar N um ber #25078 Luhrs Tow er - Suite 403 45 W est Jefferson Street Phoenix, A Z 85003-2314 (602) 252-1282

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UNITED STATES OF AMERICA
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DISTRICT OF ARIZONA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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HENRY WATKINS,
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Defendant.
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C a rm e n L . F is ch e r P h illip E . H a n te l L u h rs To w e r, S u ite 4 0 3 45 W . Jefferson Street Phoenix, Arizona 85003 (602) 252-1282

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CR03-1167-PHX-DGC NOTICE OF JOINDER

Henry Watkins requests that this court issue an order that every defendant in this case shall be deemed to have joined in all motions filed by other defendants without filing a notice of joinder to each motion unless the joining defendant indicates that he does not wish to join a particular motion. It was counsel's understanding from the court's comments at status conferences that the court was following the automatic joinder procedure and it was unnecessary for Mr. Watkins to file a notice of joinder in any motion filed by any of his co-defendants. However, orders issued this week imply that the court is not following that procedure. In the court's order granting in part a motion to compel the government to disclose 404(b) evidence (Dkt. #1170), the court limited its order to Rudy Jamie and Robert Reinstra. Mr. Watkins assumed that he was automatically joined in the motion that prompted this order and thus, did not file a joinder notice. Thus, Mr. Watkin's requests that the government be ordered to comply with the notice requirement of Fed. R. Evid. 404(b) by February 24, 2006. In the court's order denying the motion to dismiss filed by Robert Johnston, it noted that Smith had joined the motion. (Dkt. #1159). The court limited cross examination of witnesses to be called

Case 2:03-cr-01167-DGC

Document 1172 1 Filed 02/02/2006

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C a rm e n L . F is ch e r P h illip E . H a n te l L u h rs To w e r, S u ite 4 0 3 45 W . Jefferson Street Phoenix, Arizona 85003 (602) 252-1282

to testify on February 9, 2006 to counsel for Johnston and Smith. Again, based upon the court's comments, Mr. Watkins assumed that he was automatically joined in this motion as well and a notice of joinder was unnecessary. Thus, Mr. Watkins joins in the motion to dismiss (Dkt. #930). Respectfully submitted this 2nd day of February 2006.

/s/______________________ CARMEN L. FISCHER Attorney for Henry Watkins A courtesy copy of the foregoing mailed this 2nd day of February 2006 to: Judge David G. Campbell United States District Court Judge

Case 2:03-cr-01167-DGC

Document 1172 2 Filed 02/02/2006

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