Case 3:06-cr LAB Document 378 Filed 09/01/07 Page 1 of 3

Size: px

Start display at page:

Download "Case 3:06-cr LAB Document 378 Filed 09/01/07 Page 1 of 3"

Elisabeth Pierce
5 years ago
Views:

1 Case :0-cr-0-LAB Document Filed 0/0/0 Page of 0 0 Larry A. Hammond Arizona State Bar No. 000 Diane M. Meyers Arizona State Bar No. 0 OSBORN MALEDON, P.A. North Central Avenue, Suite 00 Phoenix, Arizona 0- Telephone: ( Facsimile: ( lhammond@omlaw.com; dmeyers@omlaw.com LAW OFFICES OF Certified Specialist, Criminal Law California State Bar No. 0 West Broadway, Suite 0 San Diego, California 0-0 Telephone: ( -00 Facsimile: ( -0 db@barticklaw.com LAW OFFICES OF California State Bar No. th Avenue, Suite San Diego, California 0 Telephone: ( - Facsimile: ( - markadamsesq@yahoo.com Francisco Javier Arellano-Felix UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (Honorable Larry A. Burns, Judge UNITED STATES OF AMERICA, Criminal Case No. 0CR-0-LAB Plaintiff, Date: September, 00 Time: :00 p.m. v. DEFENDANT FRANCISCO JAVIER FRANCISCO JAVIER ARELLANO-FELIX (0, ARELLANO-FELIX S MOTION TO BE et. al., HEARD ON SHORT NOTICE AND DECLARATION OF ATTORNEY LARRY A. HAMMOND Defendants. [Prohibiting Filing of Replies] COMES NOW, defendant FRANCISCO JAVIER ARELLANO-FELIX by and through his 0CR-0-LAB

2 Case :0-cr-0-LAB Document Filed 0/0/0 Page of attorneys and respectfully requests to be heard on short notice, on the above date and time, and in the above court, so as to move for the reconsideration of the Court s Order prohibiting the filing of replies. This Motion is based on the attached Declaration of Larry A. Hammond, and the papers and pleadings on file in this matter. 0 0 Dated: September, 00 Respectfully submitted, LARRY A. HAMMOND DIANE M. MEYERS FRANCISCO JAVIER ARELLANO-FELIX By: /s/ David H. Bartick 0CR-0-LAB

3 Case :0-cr-0-LAB Document Filed 0/0/0 Page of 0 DECLARATION OF LARRY A. HAMMOND I, Larry A. Hammond, hereby declare as follows:. I am an attorney licensed to practice before this Court. I have been appointed by this Court to represent Francisco Javier Arellano Felix, who is facing a potential death sentence. I am learned counsel in the matter.. The Motion for Reconsideration of the Court s Order Prohibiting the Filing of Written Replies is being made on short notice because the Court has calendared a hearing on September, 00. Counsel for Mr. Arellano are mindful of the January, 00 trial date and, in an effort to prepare for that trial date, wish to take advantage of the recently-scheduled September hearing date. I declare under penalty of perjury under the laws of the United State that the foregoing is true and st correct. Executed this day of September, 00, in Phoenix, Arizona. /s/ Larry A. Hammond Larry A. Hammond 0 0CR-0-LAB

4 Case :0-cr-0-LAB Document - Filed 0/0/0 Page of 0 0 Larry A. Hammond Arizona State Bar No. 000 Diane M. Meyers Arizona State Bar No. 0 OSBORN MALEDON, P.A. North Central Avenue, Suite 00 Phoenix, Arizona 0- Telephone: ( Facsimile: ( lhammond@omlaw.com; dmeyers@omlaw.com LAW OFFICES OF Certified Specialist, Criminal Law California State Bar No. 0 West Broadway, Suite 0 San Diego, California 0-0 Telephone: ( -00 Facsimile: ( -0 db@barticklaw.com LAW OFFICES OF California State Bar No. th Avenue, Suite San Diego, California 0 Telephone: ( - Facsimile: ( - markadamsesq@yahoo.com Francisco Javier Arellano-Felix UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (Honorable Larry A. Burns, Judge UNITED STATES OF AMERICA, Criminal Case No. 0CR-0-LAB Plaintiff, Date: September, 00 Time: :00 p.m. v. NOTICE OF MOTION AND MOTION FRANCISCO JAVIER ARELLANO-FELIX (0, TO RECONSIDER AUGUST, 00 et. al., ORDER PROHIBITING THE FILING OF WRITTEN REPLIES Defendants. TO: KAREN P. HEWITT, United States Attorney and to LAURA E. DUFFY, PETER G. KO, and STEPHEN M. TOKARZ Assistant United States Attorneys. 0CR-0-LAB

5 Case :0-cr-0-LAB Document - Filed 0/0/0 Page of 0 0 PLEASE TAKE NOTICE that on September, 00, at the hour of :00 p.m., or as soon thereafter as counsel may be heard, defendant FRANCISCO JAVIER ARELLANO-FELIX by and through his attorneys will respectfully move this Court to reconsider its previous order prohibiting the filing of written replies in the briefing of issues to be addressed in future motion hearings. During the August, 00 hearing, the Court stated that it would no longer permit parties to file reply briefs without first seeking and receiving leave from the Court to do so. In light of the significance and complexity of this case and the issues involved, Defendant Javier Arellano requests that the Court reconsider its order and permit the filing of replies. The Local Rules for the Southern District of California do not expressly prohibit the filing of replies. In fact, though the rules do not set forth the time for filing replies, the rules do prohibit replies in excess of ten pages without leave of court, implicitly acknowledging that there may be occasions on which a reply is necessary. See Crim. LR.(e. The filing of replies in this case is critically important to the preservation of Mr. Arellano s rights. Under the unique circumstances of this uniquely complex death penalty case, we respectfully submit that limiting the opportunity to reply to the Government s responses on motions, whether they be related to discovery or to substantive issues such as the Constitutionality of the death penalty charges in this case, deprives Mr. Arellano of his right to counsel and his right to due process of law. The factual nuances are substantial and the need to clarify matters prior to oral argument is generally greater in this case than in the more typical federal criminal cases. Mr. Arellano does not want, however, to delay the scheduling of hearings, and therefore proposes that should a reply be necessary, it should be filed not less than four calendar days before any hearing, as is the practice in the Northern District of California. See N.D. Cal. Crim. R. -(d. 0CR-0-LAB

6 Case :0-cr-0-LAB Document - Filed 0/0/0 Page of 0 0 Dated: September, 00 Respectfully submitted, LARRY A. HAMMOND DIANE M. MEYERS FRANCISCO JAVIER ARELLANO-FELIX By: /s/ David H. Bartick 0CR-0-LAB

7 Case :0-cr-0-LAB Document - Filed 0/0/0 Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 0 0 UNITED STATES OF AMERICA, Criminal Case No. 0CR-0-LAB Plaintiff, v. CERTIFICATE OF SERVICE FRANCISCO JAVIER ARELLANO-FELIX, et. al., Defendants. IT IS HEREBY CERTIFIED THAT: I,, am a citizen of the United States and am at least eighteen years of age. My business address is 0 West Broadway, Suite 0, San Diego, California 0-0. I am not a party to the above-entitled action. I have caused service of Notice of Motion and Motion to Reconsider August, 00 Order Prohibiting the Filing of Written Replies previously filed on behalf of codefendant Manuel Villarreal-Heredia on the following parties by electronically filing the foregoing with the Clerk of the District Court using the ECF System, which electronically notifies the following individuals: Laura E. Duffy, Attorney for the Government, Laura.Duffy@usdoj.gov Peter G. Ko, Attorney for the Government, Peter.Ko@usdoj.gov Stephen M. Tokarz, Attorney for the Government, Stephen.Tokarz@usdoj.gov John R. Grele, Attorney for Manuel Villarreal-Heredia, jgrele@earthlink.net Paul W. Blake, Attorney for Manuel Villarreal-Heredia, paulwblake@cox.net Lee Plummer, Attorney for Manuel Villarreal-Heredia, irafam@aol.com I declare under penalty of perjury that the foregoing is true and correct. Executed on September, 00. /s/ David H. Bartick 0CR-0-LAB

Case 3:04-cr JAH Document 309 Filed 01/17/13 PageID.1104 Page 1 of 6

Case 3:04-cr JAH Document 309 Filed 01/17/13 PageID.1104 Page 1 of 6 Case :0-cr-0-JAH Document 0 Filed 0// PageID.0 Page of 0 LAURA E. DUFFY United States Attorney CAROL M. LEE Assistant U.S. Attorney California State Bar No. Federal Office Building 0 Front Street, Room