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16-012 - USA v. KALB


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16-012 - USA v. KALB
October 21, 2016
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ORDER as to ERIC KALB THAT THE DEFENDANTS MOTION TO DISMISS COUNT ONE OF THE INDICTMENT IS GRANTED. DEFENDANTS MOTION TO EXCLUDE EVIDENCE OF PRIOR CONVICTIONS IS DISMISSED AS MOOT BASED UPON THE GOVERNMENTS RESPONSE. DEFENDANTS MOTION TO SUPPRESS ANY EVIDENCE OBTAINED PURSUANT TO THE VEHICLE STOP CONDUCTED BY NORRISTOWN POLICE ON SEPTEMBER 13, 2014, IS GRANTED, AND THE GOVERNMENT IS PRECLUDED FROM USING ANY EVIDENCE OBTAINED PURSUANT TO THAT STOP, AND IN PARTICULAR DEFENDANTS STATEMENT TO UPPER MERION POLICE. DEFENDANTS MOTION TO EXCLUDE EMERGENCY 911 CALL IS DENIED. THE GOVERNMENT MAY SEEK ADMISSION OF THE CONTENT OF THE CALL UNDER THE BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE, PROVIDED THAT IT CAN LAY A PROPER FOUNDATION FOR THE ACCURACY AND RELIABILITY OF THE CONTENT OF THE RECORDS AT TRIAL. DEFENDANTS MOTION TO LIMIT CASE AGENT TESTIMONY IS DEFERRED UNTIL TRIAL, WHERE THE GOVERNMENT WILL BE REQUESTED TO MAKE AN OFFER OF PROOF AND DEMONSTRATE THE ABILITY TO LAY PROPER FOUNDATION FOR ANY TESTIMONY TO BE ELICITED. Signed by HONORABLE GERALD A. MCHUGH on 10/21/2016.10/21/2016 ENTERED AND COPIES E-MAILED.(kk, )
October 24, 2016
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MEMORANDUM ORDER AS TO ERIC KALB. Signed by HONORABLE GERALD A. MCHUGH on 10/24/2016. (PDF REPLACED PER ORDER, DOC. #53). 10/24/2016 Entered and Copies E-Mailed. (ap, ) (Main Document 38 replaced on 1/18/2017) (ke, ). Modified on 1/18/2017 (ke, ).
January 13, 2017
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MEMORANDUM AND/OR OPINION AS TO ERIC KALB. Signed by HONORABLE GERALD A. MCHUGH on 1/13/2017.1/13/2017 Entered and Copies E-Mailed. (kk, )
January 13, 2017
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ORDER AS TO ERIC KALB THAT THE GOVERNMENTS MOTION FOR RECONSIDERATION (DKT. 46) OF MY EARLIER ORDER GRANTING DEFENDANTS MOTION TO SUPPRESS (DKT. 36) IS DENIED. Signed by HONORABLE GERALD A. MCHUGH on 1/13/2017.1/13/2017 Entered and Copies E-Mailed. (kk, )