United States v. Arnett

Full title: UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY WAYNE ARNETT, Defendant

Court: United States District Court, E.D. California

Date published: Jul 7, 2005

No. CR-F-95-5287 OWW (E.D. Cal. Jul. 7, 2005)

Opinion

No. CR-F-95-5287 OWW.

July 7, 2005

ORDER DENYING DEFENDANT'S APPLICATION FOR ORDER SEALING DECLARATION OF DEFENDANT AND J.B. WOOD AND DIRECTING CLERK TO FILE AND DOCKET DEFENDANT'S MOTION IN LIMINE TO EXCLUDE TESTIMONY OF GOVERNMENT'S FIREARM EXPERT JOSEPH T. VORISEK AND DECLARATION OF DEFENDANT AND J.B. WOOD

OLIVER WANGER, District Judge

Defendant's application to seal the declaration of defendant and the declaration of J.B. Wood filed in support of defendant's Motion in Limine to Exclude the Testimony of Government's Firearms Expert, Joseph T. Vorisek is denied. There is no basis for sealing these declarations. Defendant's declaration merely attaches a copy of the trial testimony of Vorisek in the District of Oregon and a copy of Wood's declaration. Expert testimony is not privileged and this proposed testimony must be disclosed pretrial under Rule 16, Federal Rules of Criminal Procedure. The Government cannot respond to defendant's motion in limine without reviewing Wood's declaration and defendant's motion in limine cannot be resolved without full input from the Government.

The Clerk is directed to file and docket the declaration of defendant and the declaration of J.B. Wood and to file and docket defendant's Motion in Limine to Exclude the Testimony of Government's Firearms Expert, Joseph T. Vorisek.