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United States v. Cheeves

United States District Court, N.D. California
Mar 31, 2010
No. CR 09-1030 CRB (N.D. Cal. Mar. 31, 2010)

Summary

In Cheeves, the codefendants - Deron Cheeves and Reginald Elmore - were alleged to have attended a funeral at a church in San Francisco. Once at the church, Elmore allegedly fired a gun into a group of mourners, and then fled. During the escape, Elmore allegedly gave his gun to Cheeves, who attempted to dispose of it. Prior to their join-trial, Elmore and Cheeves moved to sever, arguing that their defenses were mutually antagonistic.

Summary of this case from United States v. Carroll

Opinion

No. CR 09-1030 CRB.

March 31, 2010


ORDER


In light of the expedited testing discussed at today's hearing, the Court today signed the Government's proposed order authorizing the acquisition of a buccal swab of Defendant Elmore. The Court signed the order with the understanding that, as discussed at the March 24 hearing, Defendant Elmore retains the right to challenge the Government's evidence of probable cause to support the search. If such a challenge is successful, the evidence obtained through the re-swabbing can be excluded from trial.

IT IS SO ORDERED.


Summaries of

United States v. Cheeves

United States District Court, N.D. California
Mar 31, 2010
No. CR 09-1030 CRB (N.D. Cal. Mar. 31, 2010)

In Cheeves, the codefendants - Deron Cheeves and Reginald Elmore - were alleged to have attended a funeral at a church in San Francisco. Once at the church, Elmore allegedly fired a gun into a group of mourners, and then fled. During the escape, Elmore allegedly gave his gun to Cheeves, who attempted to dispose of it. Prior to their join-trial, Elmore and Cheeves moved to sever, arguing that their defenses were mutually antagonistic.

Summary of this case from United States v. Carroll
Case details for

United States v. Cheeves

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. DERON CHEEVES, and REGINALD ELMORE…

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

Date published: Mar 31, 2010

Citations

No. CR 09-1030 CRB (N.D. Cal. Mar. 31, 2010)

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United States v. Carroll

Id. The mutually exclusive nature of defenses that warrant severance is illustrated by the contrasting…