Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

10-2734 - USA v. McCluskey et al


Download Files

Metadata

Document in Context
10-2734 - USA v. McCluskey et al
April 12, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING in part and DENYING in part 288 First MOTION for Disclosure of Grand Jury and Petit Jury Data as further described herein. (kg)
May 11, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera on Discovery Motions 281, 282 284, 285,286, 287, 289, 292. (baw)
May 11, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting 291 the United States' Motion for Rule 17(c) Subpoenas and denying without prejudice 320 Defendant McCluskey's Motion for Protective Order. (baw)
May 14, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 315 Motion to Dismiss Counts 1-2, 5-7, 8-12, and 15-20 on Commerce Clause and Tenth Amendment Grounds and denying 316Motion to Dismiss Counts 4-5 and 13-14 on the Ground that the Undisputed Facts in This Case Demonstrate That The Offenses Charged in These Counts Were Not Committed (baw)
May 14, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting in part and denying in part 313 Defendant's Motion to Dismiss Indictment Pursuant to Rule 12(b)(3)(B) Or, in the Alternative, Motion to Strike Surplusage Pursuant to Rule 7(d). (baw)
May 14, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 290 Defendant's Motion for Severance of Counts 1-18 from Counts 19-20. (baw)
July 9, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING in part and DENYING in part 285 First MOTION for Disclosure Motion for Order Requiring the Government to Comply with Rule 12(b)(4)(B) as further described herein. (kg)
July 17, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 495, 496 and 507 motions by co-defendants Casslyn Welch and Tracy Province to quash subpoenas requiring them to testify at the evidentiary hearing on Defendant John McCluskey's Motion to Suppress their statements as further explained herein. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 495, 496 and 507 motions by co-defendants Casslyn Welch and Tracy Province to quash subpoenas requiring them to testify at the evidentiary hearing on Defendant John McCluskey's Motion to Suppress their statements as further explained herein. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 495, 496 and 507 motions by co-defendants Casslyn Welch and Tracy Province to quash subpoenas requiring them to testify at the evidentiary hearing on Defendant John McCluskey's Motion to Suppress their statements as further explained herein. (kg)
July 20, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 314 MOTION to Dismiss Counts 9, 10, 15, and 16 On The Ground That The Conspiracies Alleged Therein Are Not Crimes Of Violence as to John Charles McCluskey (kg)
July 26, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING in part and DENYING in part 293 Defendant John Charles McCluskey's First MOTION to Suppress Statements as further described herein. (kg)
July 26, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING IN PART Defendant's 294 MOTION to Suppress Medical, Mental Health, and Educational Records as to his medical and mental health records from the Pennsylvania Department of Corrections and DENYING IN PART as to his educational records. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING IN PART Defendant's 294 MOTION to Suppress Medical, Mental Health, and Educational Records as to his medical and mental health records from the Pennsylvania Department of Corrections and DENYING IN PART as to his educational records. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING IN PART Defendant's 294 MOTION to Suppress Medical, Mental Health, and Educational Records as to his medical and mental health records from the Pennsylvania Department of Corrections and DENYING IN PART as to his educational records. (kg)
July 26, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 390 Defendant's MOTION for Discovery to Support Motion To Strike The Death Penalty Based Upon Influence of Arbitrary Factor of Race and Gender of Victim and GRANTING IN PART and DENYING IN PART 395 Defendant's MOTION for Production of Legal Instructions Provided To The Grand Jury as further described herein. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 390 Defendant's MOTION for Discovery to Support Motion To Strike The Death Penalty Based Upon Influence of Arbitrary Factor of Race and Gender of Victim and GRANTING IN PART and DENYING IN PART 395 Defendant's MOTION for Production of Legal Instructions Provided To The Grand Jury as further described herein. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 390 Defendant's MOTION for Discovery to Support Motion To Strike The Death Penalty Based Upon Influence of Arbitrary Factor of Race and Gender of Victim and GRANTING IN PART and DENYING IN PART 395 Defendant's MOTION for Production of Legal Instructions Provided To The Grand Jury as further described herein. (kg)
August 27, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 393 Motion to Exclude as to John Charles McCluskey (1); granting in part and denying in part 389 396 Motion to Dismiss as to John Charles McCluskey (1) (dmw)
August 27, 2012
PDF | More
AMENDED MEMORANDUM OPINION AND ORDER Related Document(s): 293 First MOTION to Suppress Statements as to John Charles McCluskey by District Judge Judith C. Herrera (dmw)
September 5, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING in its entirety without prejudice 311 First MOTION to Compel Election Between Counts 6-8, 10, and 15-18 Because These Counts Are Multiplicitous and Violate the Fifth Amendment Prohibition Against Double Jeopardy as to John Charles McCluskey. (kg)
September 12, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 392 MOTION to Dismiss Death Penalty, Exclude Informant And Cooperator Testimony, And Request For Reliability Hearing as to John Charles McCluskey. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 392 MOTION to Dismiss Death Penalty, Exclude Informant And Cooperator Testimony, And Request For Reliability Hearing as to John Charles McCluskey. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 392 MOTION to Dismiss Death Penalty, Exclude Informant And Cooperator Testimony, And Request For Reliability Hearing as to John Charles McCluskey. (kg)
September 24, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING IN PART and DENYING IN PART 401 United States' MOTION for Order Excluding Alibi Defense as further described herein. (kg)
September 24, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 397 Defendant John Charles McCluskey's (Corrected) Omnibus Motion to Dismiss The "Special Findings" From The Third Superseding Indictment, And To Strike The Notice Of Intent To Seek The Death Penalty. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 397 Defendant John Charles McCluskey's (Corrected) Omnibus Motion to Dismiss The "Special Findings" From The Third Superseding Indictment, And To Strike The Notice Of Intent To Seek The Death Penalty. (kg)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera DENYING 397 Defendant John Charles McCluskey's (Corrected) Omnibus Motion to Dismiss The "Special Findings" From The Third Superseding Indictment, And To Strike The Notice Of Intent To Seek The Death Penalty. (kg)
November 30, 2012
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 394 MOTION to Preclude Death Qualification Of Jury. (mjr)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 394 MOTION to Preclude Death Qualification Of Jury. (mjr)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 394 MOTION to Preclude Death Qualification Of Jury. (mjr)
February 7, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 418 MOTION to Exclude Firearm Identification Testimony, and Request For Daubert Hearing. (mjr)
February 13, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting 620 Motion for Clarification of Court's Order Suppressing Statements (Doc. 588) as to John Charles McCluskey. (mjr)
February 26, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting 424 MOTION to Exclude Serology Evidence, And Request For Daubert Hearing. (mjr)
April 29, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that the Government's Motion To Exclude Defense Witness Laurence Mueller 539 is DENIED with respect to testimony on population genetics and source attribution. The Motion is GRANTED with respect to testimony by Mueller on laboratory error, and with respect to testimony as a DNA analyst. IT IS FURTHER ORDERED that the Government's Motion To Exclude Defense Witness Simon Cole 538 is DENIED, and the Government's Motion To Exclude Defense Witness Adina Schwartz 537 is DENIED. (mjr)
May 2, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting the 540 MOTION to Exclude Johnson, Krane, and Ernest. (mjr)
May 20, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; Defendant McCluskey's Motion in Limine for Production of Government's Witness List 859 is GRANTED; Defendant McCluskey's Motion in Limine to Compel the Government to Identify Witnesses With Juvenile Adjudications and Pending Juvenile Proceedings 862 is DENIED IN PART AS MOOT and GRANTED IN PART; Defendant McCluskey's Motion in Limine to Preclude the Government from Calling the First Phase of the Trial the Guilt Phase 863 is GRANTED; United States' Motion in Limine to Preclude Cross-Examination With Stale Prior Conviction 866 is GRANTED; United States' Motion in Limine Requesting Pre-Trial Hearing and Pre-Trial Rulings on Admissibility of Exhibits 869 is GRANTED; and McCluskey's Motion for Disclosure of Rebuttal Evidence 873 is DENIED. (mjr)
May 28, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING 724 Corrected MOTION to Amend/Correct Notice of Intention to Seek Death Penalty. IT IS ORDERED that the Governments Corrected Motion to Amend the Notice of Intention to Seek the Death Penalty is GRANTED. (gr)
May 28, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera GRANTING IN PART AND DENYING IN PART 421 MOTION to Exclude Prison Gang and BOP Experts, and Request For Daubert Hearing. IT IS THEREFORE ORDERED that Defendant's Motion to Exclude Prison Gang and BOP Expert Testimony, and Request for Daubert Hearing 421 is DENIED with regard to Defendant's request for a Daubert hearing, but otherwise GRANTED in all other respects on the grounds that the Government has failed to meet its burden to show that the testimony of its experts on the Bureau of Prisons and prison gangs is admissible. (gr)
May 30, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant's Motion to Preclude Punishment-Related Questions 607 is GRANTED IN PART and DENIED IN PART as explained herein. IT IS FURTHER ORDERED that the parties must file their proposed general voir dire (as it relates to Paragraph 3 of Doc. 555) no later than July 8, 2013. The Jury Administrator must disclose the identity and place of abode of each potential juror no later than July 8, 2013. (mjr)
June 7, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 443 MOTION to Strike Supplemental Memorandum to Exclude DNA. (mjr)
June 11, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that: (1) Defendant McCluskey's Motion in Limine To Require the Government To Identify: (1) Witnesses Whose Testimony It Will Provide by Transcript; (2) Witnesses It Will Present by Live Testimony; (3) Witnesses It will Present Through a Summary Witness; and (4) Witnesses It will Present Through Hearsay or in any Other Fashion 865 is DENIED IN PART and GRANTED IN PART as explained above; (2) Defendant McCluskey's Motion in Limine Regarding Victim Impact Evidence 867 is DENIED IN PART and GRANTED IN PART as explained above; (3) Defendant McCluskey's Motion in Limine To Exclude Irrelevant and Prejudicial Acts of Custodial Misconduct by Others, and To Preclude Improper Cross-Examination of Defense Experts and Improper Rebuttal Testimony from Government Witnesses on the Future Dangerousness Non-Statutory Aggravator, or, in the Alternative, for Discovery 872 is DENIED as explained above;(4) Defendant McCluskey's Motion in Limine for Exculpatory Evidence Relating to the Government's Non-Statutory Aggravating Factor of Future Dangerousness in Prison 875 is DENIED as explained above; and (5) Government's Cross-Motion for an Order Precluding Defendant from Introducing Evidence or Arguments Regarding BOP's Ability to Safely House Defendant 905 is DENIED as explained above. (mjr)
June 14, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that on June 27, 2013, the Court will conduct a hearing on Defendant McCluskey's Motion in Limine for a Taint Hearing, for Suppression or Exclusion of Evidence, and for Discovery 861 and the motion is GRANTED IN PART to that limited extent. The remainder of the motion remains under advisement until after the hearing. (mjr)
June 19, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant McCluskey's Motion in Limine Renewing His Motion to Suppress Coerced Statements and Anticipated Testimony of Cooperating Witnesses 295, and Request for Expedited Jencks Act Disclosure 860 is DENIED. McCluskey's original motion to suppress 295 remains pending and will be resolved at trial in accordance with the procedures outlined herein. (mjr)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant McCluskey's Motion in Limine Renewing His Motion to Suppress Coerced Statements and Anticipated Testimony of Cooperating Witnesses 295, and Request for Expedited Jencks Act Disclosure 860 is DENIED. McCluskey's original motion to suppress 295 remains pending and will be resolved at trial in accordance with the procedures outlined herein. (mjr)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant McCluskey's Motion in Limine Renewing His Motion to Suppress Coerced Statements and Anticipated Testimony of Cooperating Witnesses 295, and Request for Expedited Jencks Act Disclosure 860 is DENIED. McCluskey's original motion to suppress 295 remains pending and will be resolved at trial in accordance with the procedures outlined herein. (mjr)
June 20, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant's Motion To Exclude DNA and Serology Test Results and Request for Daubert Hearing 422 is DENIED IN PART and GRANTED IN PART. (mjr)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant's Motion To Exclude DNA and Serology Test Results and Request for Daubert Hearing 422 is DENIED IN PART and GRANTED IN PART. (mjr)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant's Motion To Exclude DNA and Serology Test Results and Request for Daubert Hearing 422 is DENIED IN PART and GRANTED IN PART. (mjr)
June 21, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant McCluskey's (Corrected) Motion toExclude Medical Investigator's Testimony, and Request for Daubert Hearing 425 is GRANTED IN PART as to Dr. Aurelius' opinion testimony pertaining to cause and manner of death, and the remainder of the motion is DENIED. (mjr)
June 25, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that McCluskey's Motion for Order Excluding Unnoticed Government Experts Who Testified at Daubert Hearings, or for Reconsideration of Part of Order Excluding Testimony of Defense Experts 963 is DENIED with regard to McCluskey's request for an order excluding testimony from Aurelius and Potter in the Government's case-in-chief, but GRANTED with regard to McCluskey's alternative request that the Court allow trial testimony by Krane. (mjr)
June 26, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that: (1) Defendant's Motion in Limine To Allow Allocution Without Cross-Examination During Penalty Phase 864 is DENIED; (2) Government's Omnibus Penalty Phase Motions in Limine 870 are: (A) GRANTED as to Section I, Motion To Exclude Unsworn Allocution by Defendant;(B) GRANTED as to Section II, Motion To Exclude Execution Impact Evidence;(C) GRANTED as to Section III, Motion To Exclude Evidence and Arguments Relating to Residual Doubt;(D) GRANTED as to Section IV, Motion To Preclude Reference to New Mexico's Abolition of the Death Penalty; (E) DENIED IN PART and GRANTED IN PART as to Section V, Motion To Permit Family Members of the Victims To Be Present in the Courtroom During Trial, as explained above; (F) GRANTED as to Section VI, Motion To Exclude Defendant's Offers To Plead Guilty. (3) Defendant's Motion in Limine To Prohibit Specified Types of Prosecutorial Misconduct in Penalty-Phase Summation 891 is GRANTED IN PART as explained above, and is OTHERWISE DENIED WITHOUT PREJUDICE. (mjr)
June 26, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that the Government's Motion to Compel Completion of Defendant's Rule 12.2 Notice 957 is GRANTED IN PART and DENIED IN PART as further explained herein. (mjr)
July 2, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that United States' Motion To Compel Discovery of Mitigating Factors and Penalty Phase Witnesses 997 is GRANTED IN PART and DENIED IN PART. (mjr)
July 2, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that Defendant McCluskey's Motion in Limine to Preclude the Government from Using Noticed or Unnoticed 404(b) Evidence in Its Case-In-Chief, Impeachment, or Rebuttal 858 is DENIED IN PART. Specifically, the Court concludes that evidence of the co-defendants' actual escape from prison and resulting flight, including all of their activities up to and including the murder of the Haases, is intrinsic to the crimes charged and therefore should not be excluded under Rule 404(b). The motion is GRANTED IN PART as to the other acts enumerated in the Governments notice, Doc. 916 at 6-8. (mjr)
July 5, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that Defendant McCluskey's Motion in Limine for a Taint Hearing, for Suppression or Exclusion of Evidence, and for Discovery 861 is DENIED. (mjr)
July 9, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that both Management & Training Corporations's Motion to Quash Subpoena 972 and Motion to Quash Subpoena 1002 are DENIED. (mjr)
July 11, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that the United States' Motion to Preclude Cross- Examination With Juvenile Adjudications 985 is GRANTED IN PART and DENIED IN PART. (mjr)
July 15, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that Defendant John Charles McCluskey's Motion forReconsideration and/or Clarification of Order Precluding Argument or Instruction on Residual Doubt 1071 is DENIED as to the motion for reconsideration. The Court GRANTS McCluskey's motion for clarification, but DENIES McCluskey's requested ruling. (mjr)
July 22, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that McCluskey's Motion to Exclude Fingerprint Identification Evidence and Request for Daubert Hearing 419 is DENIED and Bonnie Knoll may testify at trial as to all matters proposed, with the limitation that she may not state a conclusion that any latent print was identified and individualized to the exclusion of all others. (mjr)
August 5, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that the United States' Motion to Reconsider Memorandum Opinion and Order Denying in Part and Granting in Part Defendant's Rule 404(b) Motion in Limine 1083 is GRANTED. (mjr)
August 8, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that (1) Defendant McCluskey's Motion for Eight Additional Peremptory Challenges 1140 is GRANTED, and (2) the Government's Motion to Reconsider Decision to Grant Defendant Eight Additional Peremptory Challenges 1141 is DENIED. (mjr)
August 19, 2013
PDF | More
FINDINGS OF FACT AND CONCLUSIONS OF LAW by District Judge Judith C. Herrera as to John Charles McCluskey; during the trial phase of this case, the co-conspirator statements discussed supra are admissible against McCluskey as non-hearsay under Rule 801(d)(2)(E). The Court expresses no opinion at this time as to whether any of these co-conspirator statements should be excluded under any other Federal Rule of Evidence. (mjr)
August 22, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant's Motion to Exclude Any Fingerprint Identification Evidence or Testimony Based On or Mentioning the Results of Any Automated Fingerprint Identification System (AFIS) Search 1180 is DENIED. (mjr)
August 23, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that:(1) Defendant McCluskey's Motion That the Court Take Judicial Notice of Certain Adjudicative Facts Pursuant to Rule 201 of the Federal Rules of Evidence 1155 is DENIED; and (2) the United States' Motion to Forbid Admission of Underlying Facts of Co-Defendant's Prior Convictions 1160, filed August 15, 2013 is GRANTED IN PART and DENIED IN PART. (mjr)
September 6, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that: McCluskey's Motion to Suppress Coerced Statements and Anticipated Testimony of Cooperating Witnesses 295 is DENIED IN PART as to statements and testimony of Tracy Province, but remains pending as to statements and testimony of Casslyn Welch; McCluskey's Motion to Exclude Any Hearsay Evidence That A Fingerprint Examiner's Identification of a Latent Fingerprint Was Verified By Another Person 1181 is GRANTED for the reasons stated herein and in open court; Defendant McCluskey's Motion to Be Allowed to Conduct Re-Cross Examination of Government Cooperating Witnesses 1216 is GRANTED IN PART as described herein; and the United States' sealed, ex parte motion filed on September 4, 2013 is GRANTED, and McCluskey's oral motion for the production of materials is DENIED. (mjr)
September 12, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that Defendant McCluskey's Motion To Trifurcate Proceedings 1137 is GRANTED with regard to trifurcating the proceedings, but DENIED as to McCluskey's motion to include in the eligibility phase only two of the four statutory aggravating factors alleged. The Court orders that the eligibility phase will include determination of the four threshold factors alleged under § 3591(a) and determination of all statutory aggravating factors alleged under § 3592(c); the selection phase will include determination of non-statutory aggravating factors and any mitigating factors alleged, and the return of a finding concerning a sentence of death under § 3593(e). (mjr)
September 24, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that: McCluskey's motion to suppress, made in open court on September 5, 2013, is DENIED; the Court hereby directs the Clerk of Court to UNSEAL Document 1226 on the docket and orders counsel for the parties to inform the Court of the docket number of additional items to be unsealed or otherwise made available for public view no later than September 26, 2013; McCluskey's motion, 1255, is DENIED; and McCluskey's Motion to Suppress Coerced Statements and Anticipated Testimony of Cooperating Witnesses 295 is DENIED IN PART as to statements and testimony of Casslyn Welch. (mjr)
September 24, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that: McCluskey's Motion for Discovery 1256 is DENIED; and the United States' sealed, ex parte motion filed on September 20, 2013 1264 is GRANTED. (mjr)
October 7, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that McCluskey's [Corrected] Renewed Motion To Strike Particular Aggravating Circumstances 892 is GRANTED with regard toMcCluskey's motion to strike the aggravating factor of "Armed Fugitive from Justice," but otherwise DENIED in all other respects. (mjr)
October 7, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that the United States' Motion To Reconsider Exclusion of Witness Dodrill for the Purpose of Penalty-Phase Rebuttal 1047 is GRANTED. (mjr)
October 9, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that: United States' Motion to Exclude Defendant's Unnoticed Expert Witness William Tobin 1261 is DENIED AS MOOT; United States' Motion to Exclude Defense Witness Testimony Inadmissible Under the Federal Rules of Evidence and Request that Court Demand Proffer Outside Presence of Jury 1265 is DENIED AS MOOT; and United States' Motion to Preclude Lesser Included Offense Jury Instructions 1275 is GRANTED IN PART and DENIED IN PART as explained herein. (mjr)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that: United States' Motion to Exclude Defendant's Unnoticed Expert Witness William Tobin 1261 is DENIED AS MOOT; United States' Motion to Exclude Defense Witness Testimony Inadmissible Under the Federal Rules of Evidence and Request that Court Demand Proffer Outside Presence of Jury 1265 is DENIED AS MOOT; and United States' Motion to Preclude Lesser Included Offense Jury Instructions 1275 is GRANTED IN PART and DENIED IN PART as explained herein. (mjr)MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera; IT IS THEREFORE ORDERED that: United States' Motion to Exclude Defendant's Unnoticed Expert Witness William Tobin 1261 is DENIED AS MOOT; United States' Motion to Exclude Defense Witness Testimony Inadmissible Under the Federal Rules of Evidence and Request that Court Demand Proffer Outside Presence of Jury 1265 is DENIED AS MOOT; and United States' Motion to Preclude Lesser Included Offense Jury Instructions 1275 is GRANTED IN PART and DENIED IN PART as explained herein. (mjr)
October 15, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that Defendant McCluskey's Motion in Limine to Suppress, Exclude, and Return a Mental Health Evaluation and Report Ordered Sealed 871 is GRANTED. (mjr)
November 5, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera granting in part and denying in part 1331 Motion to Strike as to John Charles McCluskey (1); denying 1340 Motion in Limine as to John Charles McCluskey (1) (vvv) Modified on 11/6/2013 (vv).
November 12, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera: IT IS THEREFORE ORDERED that the Government's Sealed Motion in Limine To Preclude Certain Mitigating Factors, Combine Certain Mitigating Factors, and Exclude of [sic] Certain Evidence 1370 will be DENIED IN PART AND GRANTED IN PART, as discussed above. (mjr)
November 13, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 1315 MOTION for Discovery Of Information And Documents Related To The Testimony Of Expert Witness Scott Dodrill. (mjr)
November 18, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 1393 MOTION in Limine To Admit Testimony Of Kevin McNally. IT IS THEREFORE ORDERED that Defendant McCluskey's Motion in Limini to Admit Testimony of Kevin McNally [Doc. No. 1393] is DENIED. (gr)
December 3, 2013
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 1396 MOTION to Strike Motion to Strike Non-Statutory Aggravating Factors Based on Insufficient Evidence. IT IS THEREFORE ORDERED that Defendant McClusky's Motion to Strike Non-Statutory Aggravating Factors Due to Insufficiency of Evidence 1396 is DENIED.(gr)
April 14, 2014
PDF | More
MEMORANDUM OPINION AND ORDER by District Judge Judith C. Herrera denying 1597 United States' Motion for Clarification of Court's Order Excluding LCN DNA Based on Defendant's In-Trial Withdrawal of Objection (baw)
March 14, 2017
PDF | More
ORDER to Cure Deficiency by Magistrate Judge Stephan M. Vidmar. Plaintiff Casslyn Mae Welch must cure deficiencies by April 13, 2017. (sg)
November 6, 2017
PDF | More
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION by Magistrate Judge Stephan M. Vidmar to DENY 1752 Defendant Casslyn Mae Welch's Amended Motion to Vacate, Set Aside, or Correct Sentence. Objections to PF&RD are due by November 20, 2017. Add 3 days to the deadline if service is by mailing it to the person's last known address (or means described in Fed. R. Civ. P. 5(b)(2)(D) and (F)); if service is by electronic means, no additional days are added. (Fed. R. Civ. P. 6(d); Fed. R. Crim. P. 45(c).) (sg)
December 8, 2017
PDF | More
ORDER by District Judge Judith C. Herrera Adopting 1755 Proposed Findings and Recommended Disposition DENYING 1752 Motion to Vacate, Set Aside, or Correct Sentence filed by Casslyn Mae Welch. (baw)