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07-023 - USA v. Duncan


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07-023 - USA v. Duncan
March 22, 2007
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ORDER granting in part and denying in part 24 Motion to Continue (Notice sent to USM) as to Joseph Edward Duncan III (1); granting in part and denying in part 22 Motion to Continue (Notice sent to USM) as to Joseph Edward Duncan III (1); The Court grant the Government's request for special designation under 18 USC 3509(j). The parties motions for a continuance of trial date are granted. The motions to continue are denied as to the lengths of continuances requested. The 3/20/07 trial date is vacated and reset for 1/22/08 at 9:30 a.m. in Boise, Idaho. Excludable Delay ordered. It is further ordered that a status conference will be held on 4/23/07 at 10:30 a.m. in Boise, Idaho. Pretrial motions ddl 11/5/07. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
November 19, 2007
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MEMORANDUM ORDER as to Joseph Edward Duncan, III granting 82 MOTION Set Deadlines for Defendant's Notice of Expert Witnesses filed by USA, denying 74 MOTION to Continue the Trial Date filed by Joseph Edward Duncan, III (Notice sent to USM); Any and all pretrial motions shall be filed on or before Monday, November5, 2007. Responses to said motions shall be filed on or before Monday,November 19, 2007. Any reply shall be filed on or before Monday,November 26, 2007. If the Court determines a hearing is necessary on themotions, such hearing shall be set for the week of December 3, 2007 in Boise,Idaho.. Signed by Judge Edward J. Lodge. (dks, )
December 12, 2007
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MEMORANDUM ORDER granting in part and denying in part 192 Motion to Continue penalty phase proceedings (Notice sent to USM) as to Joseph Edward Duncan III (1); granting in part and denying in part 193 Motion to Continue penalty phase proceedings (Notice sent to USM) as to Joseph Edward Duncan III (1); taking under advisement 199 Motion to Dismiss (Notice sent to USP&USM) as to Joseph Edward Duncan III (1). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
February 26, 2008
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MEMORANDUM ORDER denying 135 Motion to declare the Federal Death Penalty Act Unconstitutional as to Joseph Edward Duncan III (1). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
February 26, 2008
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MEMORANDUM ORDER denying 136 Motion to declare the Federal Death Penalty Act Unconstitutional as to Joseph Edward Duncan III (1); denying 137 Motion to declare the Federal Death Penalty Act Unconstitutional as to Joseph Edward Duncan III (1). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
March 6, 2008
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MEMORANDUM ORDER granting in part and denying in part 116 Motion to declare the Federal Death Penalty Act unconstitutional and to strike the death penalty notice for inadequate notice as to Joseph Edward Duncan III (1). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
March 14, 2008
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MEMORANDUM ORDER granting in part and denying in part 139 Motion to Declare the Death Penalty Act Unconstitutional and Dismiss the Aggravators as to Joseph Edward Duncan III (1). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )
July 29, 2008
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MEMORANDUM ORDER as to Joseph Edward Duncan, III granting 398 MOTION for self representation filed by Joseph Edward Duncan, III. Jury Selection shall resume, Wednesday, August 6, 2008 at 9:30 (MST) in Boise, Idaho. The parties shall file briefing on the question of whether standby counsel can conduct voir dire on behalf of a pro se defendant and file the same on or before Friday, August 1, 2008 at noon (MST). (Notice sent to USM). Signed by Judge Edward J. Lodge. (Copy sent to dft Duncan by dks)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
August 5, 2008
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MEMORANDUM ORDER granting in part and denying in part the motions for access (Doc #3&8) in MC 08-6420-S-EJL as follows: Denied as to Doc #400, Exhibit D, Granted to unseal Doc #'s 63,112,159&171. Denied as to the Sealed Attachments relating to Doc #63,112,159&171, Denied as to Doc #420 Denied as to Doc #5 in MC 08-6420-S-EJL; Denying 18 motion for reconsideration in MC 08-6420-S-EJL as to Joseph Edward Duncan, III (Notice sent to USM). Signed by Judge Edward J. Lodge.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
August 5, 2008
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MEMORANDUM ORDER granting in part and denying in part in the MC 08-6420-S-EJL case 1 Request as to the graphic video evidence filed by KHQ-TV, Idaho Newspaper Foundation, KTVB-TV, Idaho Statesman, The, Idaho Press Club, KTRV-TV, Idahoans for Openness in Government, Associated Press, The, KBCI-TV, KIVI-TV, Spokesman-Review, The, KXLY-TV, Idaho State Broadcasters Association, Inc., Boise State Radio, Idaho Allied Dailies, KREM-TV; The Courtroom will be open during the presentation of the video evidence. The request is denied as to the testimony of the minor victim. The Courtroom will be closed during this testimony of the minor victim with a written transcript being provided to the Media Representative as soon as possible thereafter as to Joseph Edward Duncan, III (Notice sent to USM). Signed by Judge Edward J. Lodge.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
August 5, 2008
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MEMORANDUM ORDER as to Joseph Edward Duncan, III granting in part and denied in part re 112 MOTION for protective order filed by John Salin, and 171 JOINT Motion for Protective Order filed by USA; granting 63 Stipulation; The request for the testimony of the minor victim, if necessary, to be made by two-way live closed circuit television is UNDER ADVISEMENT (Notice sent to USM),. Signed by Judge Edward J. Lodge.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)