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United States v. Liesse

United States District Court, D. Nevada

November 19, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT LIESSE, Defendant.

         MINUTES OF COURT

          FOR PLAINTIFF: JAMES KELLER, AUSA AND ANDOLYN JOHNSON, AUSA

          FOR DEFENDANT: CHRIS FREY, AFPD AND KATE BERRY, AFPD

          PRESENT: THE HONORABLE HOWARD D. McKIBBEN, SENIOR U.S. DISTRICT JUDGE

         PROCEEDINGS: Motion Hearing Re: All Pending Motions

         At 8:59 a.m., the Court convenes.

         The Defendant (on bond) is present with counsel, Chris Frey and Kate Berry.

         On behalf of the Government, James Keller and Andolyn Johnson are present.

         The Court presents a revised trial schedule for this week and advises there will be no break in trial on Thursday, November 21, 2019. The Court will now be available the full day of Thursday, November 21, 2019 and the matter will continue to Friday, November 22, 2019 at 8:30 a.m. with possibly a break for the day at approximately 2:00 p.m., and then continue into Monday, November 25, 2019.

         The Court addresses ECF No. 71 Defendant's SEALED Second Motion to Dismiss, the Government's SEALED Response (ECF No. 78), and the Government's SEALED Affidavit filing at ECF No. 81. On behalf of the Defendant, Mr. Frey presents argument. At the Court's direction, Pages 1 through 3 of ECF No. 81 are provided to the Defense. On behalf of the Government, Mr. Keller presents argument. Mr. Frey presents brief response. At 9:21 a.m., the Court recites findings. IT IS ORDERED, the Defendant's SEALED Second Motion to Dismiss (ECF No. 71) is DENIED. IT IS SO ORDERED. Mr. Frey recites motion for the Government's Affidavit (Pages 1 through 3) of ECF No. 81 to be made part of the record. IT IS SO ORDERED.

         The Court addresses the Defendant's Motion in Limine to Preclude Certain Evidence (ECF No. 53). On behalf of the Defendant, Ms. Berry presents argument. On behalf of the Government, Ms. Johnson presents argument. Ms. Berry recites response. At 10:05 a.m., the Court recites findings.

         IT IS ORDERED, the Defendant's Motion in Limine to Preclude Certain Evidence (ECF No. 53) is GRANTED in part, DENIED in part, and RESERVED in part as follows:

         With respect to the Defendant's statements to J.D. in person on July 26, 2018, IT IS ORDERED, the Defendant's Motion in Limine is DENIED, except to the extent a limiting instruction will be given to the jury. Counsel may submit a supplement limiting instruction prior to the start of the trial.

         With respect to the notes, the video of Defendant delivering notes, and possession of BB gun, IT IS ORDERED, the Defendant's Motion in Limine is DENIED. The video may be received in its entirety. Further, if counsel seeks any stipulation that it was the Defendant in possession of the BB gun, the Court will most ...


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