USA v. Mickling

1:14-cr-00016CodJul 15, 2014

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE RAYMOND P. MOORE
Courtroom Deputy: Cathy Pearson
Court Reporter: Tammy Hoffschildt
Probation Officer: n/a
Date: July 15, 2014
Interpreter: n/a
CASE NO. 	14-cr-00016-RM
Parties 	Counsel
UNITED STATES OF AMERICA, 	Jeremy Sibert
Plaintiff,
v.
MAURICE ALYN MICKLING, 	Dana Casper
Defendant.
COURTROOM MINUTES
MOTION HEARING
COURT IN SESSION: 	9:59 a.m.
Appearances of counsel. Defendant is present and in custody.
Discussion held regarding Defendant’s request to address the Court. Ms. Casper
requests time to confer with the defendant regarding his request to address the Court.
Court in recess: 	10:02 a.m.
Court in session: 	10:10 a.m.
Ms. Casper advises the Court that the defendant would like to address the Court.
The Court notes that Ms. Casper has filed a notice that she has advised the defendant
regarding his addressing the Court.
Defendant addresses the Court and requests that Mr. Sibert be excused from the
courtroom. The Court grants the request, and Mr. Sibert is excused from the courtroom
at 10:13 a.m.
Case No. 1:14-cr-00016-RM Document 52 filed 07/15/14 USDC Colorado pg 1
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ORDERED: 	This portion of the transcript is restricted, and the Government will
not have access to it.
Defendant further addresses the Court regarding the withdrawal of Matthew Golla as
counsel for Defendant.
The Court considers Defendant’s statements regarding the withdrawal of Matthew Golla
as an oral motion to dismiss for violation of speedy trial rights and makes findings
regarding the oral motion.
ORDERED: 	Defendant’s individual oral motion to dismiss is preserved for future
proceedings and is DENIED as stated on the record.
10:23 a.m. 	Mr. Sibert is present.
Discussion held regarding Defendant’s Request for Pretrial Notice of 404(b) Evidence
(Doc. 23, filed 4/25/14); Defendant’s Motion for Discovery (Doc. 24, filed 4/25/14);
Defendant’s Motion for Discovery Relating to Expert Opinion Testimony (Doc. 25, filed
4/25/14); and Defendant’s Offer to Stipulate to Element of Offense in Count One or
Alternatively Bifurcate Count One (Doc. 45, filed 6/13/14). The Court makes findings
regarding the motions.
ORDERED: 	Defendant’s Request for Pretrial Notice of 404(b) Evidence (Doc. 23, filed
4/25/14) is DENIED as moot as stated on the record.
ORDERED: 	Defendant’s Motion for Discovery (Doc. 24, filed 4/25/14) is DENIED as
moot in part as stated on the record. 	As to the request for witnesses, the
motion is DENIED, and the Court refers counsel to its trial practice
standards governing production of witness list. The Government is
directed to provide the Jencks material at the time of the Trial Preparation
Conference.
ORDERED: 	Defendant’s Motion for Discovery Relating to Expert Opinion Testimony
(Doc. 25, filed 4/25/14) is DENIED as moot as stated on the record.
ORDERED: 	Defendant’s Offer to Stipulate to Element of Offense in Count One or
Alternatively Bifurcate Count One (Doc. 45, filed 6/13/14) is GRANTED as
stated on the record.
Argument and discussion held regarding Defendant’s Objection to and Motion to
Exclude Fed.R.Evid 404(B) Evidence (Doc. 43, filed 6/13/14)
The Court makes findings.
ORDERED: 	Defendant’s Objection to and Motion to Exclude Fed.R.Evid 404(B)
Evidence (Doc. 43, filed 6/13/14) is DENIED as stated on the record.
Case No. 1:14-cr-00016-RM Document 52 filed 07/15/14 USDC Colorado pg 2
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ORDERED: Defendant is REMANDED to the custody of the U.S. Marshal.
COURT IN RECESS: 	11:03 a.m.
Total in court time: 	00:56
Hearing concluded
Case No. 1:14-cr-00016-RM Document 52 filed 07/15/14 USDC Colorado pg 3
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