Flowbee International, Inc. et al v. Google, Inc.

Filing 55

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IN THE UNITED STATES DISTRICT COURT F O R THE SOUTHERN DISTRICT OF TEXAS H O U S T O N DIVISION U N IT E D STATES OF AMERICA V. P R IN C E ARTMAN LATOYA C R IM IN A L NO. 06-296 M O T IO N TO DISCOVER E X C U L P A T O R Y EVIDENCE WITH M E M O R A N D U M IN SUPPORT T O THE HONORABLE JUDGE WERLEIN: P R I N C E ARTMAN LATOYA, Defendant, requests that this Court in s tr u c t the Assistant United States Attorney to reveal all exculpatory e v id e n c e or evidence which might mitigate punishment in this cause. F u r th e r , Defendant would ask the Court to require the United States A tto rn ey or his assistant to thoroughly question all law enforcement agents w h o participated in the investigation and preparation of this case to d e te rm in e if there exists any exculpatory or mitigating evidence T h e Defendant would assert that he has the right to discover ex cu lp ato r y evidence and evidence in mitigation by virtue of his rights to e ff ec tiv e assistance of counsel, to cross-examine, due process and equal 1 p r o te c tio n . United States Constitution Amendments V, VI, and XIV Section 2 . This right would include the right to discover all notes or statements a c q u ired or prepared by the Government in this case which contain or would le ad to exculpatory evidence. D efen d an t requests that this Motion be granted. R esp ectfu lly submitted, ______/s/__________________ JAMES R. ALSTON A tto rn ey for Defendant F ed .N o . 30878 S tate Bar No. 00786974 4 4 0 Louisiana, Suite 800 H o u sto n , Texas 77002 P h . 713-228-1400 F ax 713-228-1401 2 C E R T IF IC A T E OF CONFERENCE C o u n sel and Assistant United States Attorney Jay Hileman have b riefly conferred and have agreed all attempts will be made to resolve m o tio n s without necessitating the intervention of the court. The Government d o e s not object to the extent the motion seeks information discoverable u n d er the Constitution and Federal Rules of Criminal Procedure, but r es er v e s the right to object to requests that go beyond those requiremen ts. ___________/s/____________ James R. Alston C E R T IF IC A T E OF SERVICE I, James R. Alston, hereby certify that a true and correct copy of the fo reg o in g instrument was delivered to the Assistant U.S. Attorney in this m atter at the United State's Attorney's Office, P.O. Box 61129, Houston, T ex as 77028 on December 15, 2006. ______/s/________________ James R. Alston 3 IN THE UNITED STATES DISTRICT COURT F O R THE SOUTHERN DISTRICT OF TEXAS H O U S T O N DIVISION U N IT E D STATES OF AMERICA V. P R IN C E ARTMAN LATOYA C R IM IN A L NO. 06-296 ORDER Defendant's Motion to Discover Exculpatory Evidence is: G RA N TED ________________. D E N IE D _______________. S IG N E D on _________________________, 2006. ____________________________ E W IN G WERLEIN, JR. U N IT E D STATES DISTRICT JUDGE

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