U.S. v. Cheever

Full title: UNITED STATES OF AMERICA, Plaintiff, v. SCOTT D. CHEEVER, Defendant

Court: United States District Court, D. Kansas

Date published: Sep 1, 2006

Criminal Action No. 05-10050-01-MLB (D. Kan. Sep. 1, 2006)

Opinion

Criminal Action No. 05-10050-01-MLB.

September 1, 2006

MEMORANDUM AND ORDER

MONTI BELOT, District Judge

This case comes before the court on defendant's invocation of sequestration rule and request for expert exception. (Doc. 309.) The government filed a response (Doc. 376) and argument was heard on August 22, 2006. Defendant's motion is GRANTED.

Pursuant to Fed.R.Evid. 615, all persons who may be called as a witness will be sequestered, except for victims,¹ case agents, and experts, who can be present for all testimony. The court has prepared an order which defendant's counsel, as the requesting party, has the obligation to present to each witness, whether called by the government or by defendant. 6 Wigmore on Evidence, ¶ 1842, at 477.

1 Victims are specifically authorized by statute to attend capital trials. See 18 U.S.C. § 3510(b).

IT IS SO ORDERED.

ORDER

When you finish testifying, you may leave the courthouse or you may stay for all or any part of the rest of the trial. You shall not discuss your testimony with anyone or permit anyone to question you about your testimony. If anyone tries to talk with you regarding your testimony, you must immediately report it to the United States Marshal or to a member of my staff.

This order shall remain in effect until the jury has completed its duties.

IT IS SO ORDERED.