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. CarrollOpinion
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.