Opinion
Criminal Action No. 10-cr-00129-REB
09-14-2011
UNITED STATES OF AMERICA, Plaintiff, v. 1. DOMINIC D. STEWART, 2. JAMES DUCKETT, Defendants.
Counsel: Robert Troyer Susan "Zeke" Knox Thomas Hammond Frances Simonet Frank Moya
Judge Robert E. Blackburn
Deputy Clerk: Nel Steffens
Court Reporter: Suzanne Claar
Counsel:
Robert Troyer
Susan "Zeke" Knox
Thomas Hammond
Frances Simonet
Frank Moya
COURTROOM MINUTES
Continued Motions Hearing on #141, #148, #145, #157, #75
9:06 a.m. Court in session.
Appearances of counsel. Defendant Stewart's appearance has been waived; defendant Duckett is present in custody. Opening statements by the court. Mr. Hammond addresses the court regarding defendant Stewart's Motion To Disclose Specific Portions of Discovery to Client [#75] filed September 1, 2010, and the Government's Motion for Protective Order [#157] filed February 4, 2011. Mr. Hammond asks that the court delay argument and ruling on the motions as counsel is still in discussions with the government. Mr. Troyer has no objection. Court will defer, for now, argument or further hearing on motions #75 and #157. Court addresses James Duckett's Motion To Dismiss Due to Delay in Indictment [#141] filed January 31, 2011, and Dominic Stewart's Motion To Dismiss - Pre-Indictment Delay [#148] filed February 1, 2011. 9:09 a.m. Argument by Mr. Hammond. 9:22 a.m. Response by Mr. Troyer. Court addresses Dominic Stewart's Motion To Suppress Statements [#145] filed January 31, 2011. 9:35 a.m. Argument by Ms. Knox. 9:44 a.m. Response by Mr. Hammond. Discussion regarding Speedy Trial excludable time and proposed date of further motions hearing.
IT IS ORDERED as follows:
1. That any motions in limine by defendant Duckett shall be filed by Wednesday, September 28, 2011; any responses shall be filed within fourteen days of the filing of the discrete motions in limine;
2. That the court shall conduct a motions hearing to receive oral argument on defendant Stewart's Motion To Disclose Specific Portions of Discovery to Client [#75] filed September 1, 2010, the Government's Motion for Protective Order [#157] filed February 4, 2011, James Duckett's Motion for Relief from Prejudical [sic] Joinder and for Separate Trial from his Co-Defendant [#143] filed January 31, 2011, Dominic Stewart's Motion for Severance of Defendants for Trial [#146] filed January 31, 2011, and anticipated motions in limine to be filed by Mr. Duckett, on Wednesday, October 26, 2011, at 1:30 p.m., at which counsel and the defendants, unless sooner excused, shall again appear before the court in this case without further notice or order; and
3. That to the extent necessary the United States Marshal for the District of Colorado shall assist the court in securing the appearance of the defendants.
10:10 a.m. Court in recess.
Total time in court: 01:04 Hearing concluded.