United States v. Gary, 08-3164 WM
Briefs and Court Opinion in the Gary Eye Case Filed at the 8th Circuit Court of Appeals
8TH Circuit Panel Opinion (1/29/2010)
(8TH CIRCUIT HOLDS, INTER ALI, EYE'S 6TH AMENDMENT RIGHT OF
CONFRONTATION WAS VIOLATED BUT AFFIRMS CONVICTION
ANYWAY HOLDING ERROR WAS HARMLESS BECAUSE OF
OVERWHELMING EVIDENCE)
Government's Consolidated Answer Brief to Eye and Sandstrom
Trial Transcript Unofficial Work Copy - Read Only - no printing or copying allowed
United States v. Gary Eye, 05-00344-01-W-ODS
Eye Motions and Court Orders
Eye Defense Team
At trial Eye was represented by John R. Osgood and Lance D. Sandage, qualified capital defense attorneys appointed by the Court under the provisions of the Criminal Justice Act. Because Eye's defense team successfully convinced the jury to reject capital punishment, Mr. Eye was only entitled to a single counsel on appeal who is Mr. Osgood. Mr. Sandage; however, has continued to track the case and must be acknowledged as having provided invaluable pro bono input into the appeal process.
Mr. Osgood's web site is located at:
www.juris99.com/
Mr. Sandage's web site is located at:
www.sandagelaw.com/
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JACKSON COUNTY JAIL TAPING
doc33 Motion to suppress tape recorded
conversations at jail
doc37 Gov opposition to motion to
suppress
doc183 R&R denying motion to suppress
telephone conversations
doc184 Objections to R&R denying tape
suppression motion
doc196 ORDER by Smith adopting R&R on
denial of motion to suppress
COUNTS 7 & 8 DO NOT STATE AN OFFENSE
doc57 Motion to dismiss related counts 7 &
8 for failure to state an offense
doc170 R&R denying motion to dismiss
counts 7, & 8
doc180 Objections to R&R denying dismissal
of counts 7 and 8 for failure to state offense
doc190 ORDER by Smith adopting R&R on
dismissal motion on Counts 7 & 8
STATUTE IS UNCONSTITUTIONAL AND DOES NOT
APPLY TO CITY STREETS
doc66 Motion to dismiss counts 1, 3, and 5
on constitutional grounds
doc121 R&R to deny motion to dismiss
counts 1, 2, and 3 and 5.
doc158 Objections to R&R denying motion to
dismiss counts 1, 3, 5
doc177 ORDER by Smith adopting 15 May R&R
on Counts 1, 3, and 5
doc67 Motion for bill of particulars or dismissal
COUNTS ARE MULTIPLICIOUS WITH ON SEVERAL
GROUNDS
doc68 Motion to dismiss counts 2, 4
and 6 on grounds of multiplicity and 8th amendment grounds
doc91 GOVERNMENT opposition to dismiss
counts 2, 4, and 6
doc168 R&R denying motion to dismiss
counts 2, 4 and 6 on multiplicity
doc179 Objections to R&R denying
motion to dismiss counts 2, 4, 6
MOTIONS TO SEVER
doc80 Motion to sever because of
antagonistic defenses and Bruton
doc104 ORDER denying motion to sever
on antagonistic defenses and Bruton
doc122 Objections to R&R denying
motion to sever
doc396 RENEWED MOTION FOR SEVERANCE
doc403 ORDER by Smith denying renewed
motion for Severance
doc81 Motion to disclose grand jury transcripts
doc85 Motion to
dismiss because of selective prosecution
doc116 R&R denying motion to dismiss for
selective prosecution
No objections were filed on this R&R
doc133 ORDER by Smith adopting R&R
30 May 06
DISMISS FOR MULTIPLICITY VIOLATIONS
doc120 Motion to dismiss 1-6 on grounds of multiplicity
doc157 Objections to R&R denying motion to
dismiss 1-6 because of multiplicity
doc160 Objections to R&R denying dismissal
of 1-6 on multiplicity
doc189 ORDER by Smith adopting
R&R on multiplicity
MISJOINDER GRANTED RESULTING IN
SUPERSEDING INDICTMENT
doc110 ORDER granting motion to sever
counts for improper pleading
doc124 Superseding Indictment
Doc132 Order revisiting severance in
light of superseding indictment
RENEWED OBJECTIONS TO JOINDER OF COUNT 9
doc82 Motion to dismiss count 9
because of improper joinder 3/17/06
doc169 R&R denying motion to dismiss
count 9
doc188 ORDER by Smith adopting R&R on
Count 9 dismissal motion
doc159 Objections to R&R denying dismissal of 1, 3, 5 on alternate grounds
doc206 Motion to
disclose pre-sentence report on Rios
doc213 ORDER denying motion to produce Rios
PSR
VIOLATION OF ATTORNEY CLIENT PRIVILEGE
doc246 Motion to dismiss because of
violation of attorney client relationship
doc247 Supplemental motion on issue
of atty client relationship
doc361 R&R denying motion to suppress
over atty client violations
doc347 R&R denying motion to dismiss
because of Atty client privilege violation
doc375 ORDER by Smith on issue of
attorney client privilege
RULE 17(c) VIOLATIONS
doc265 Motion to dismiss because of Rule 17(c) violations
doc359 R&R denying motion suppress because
of 17(c) violation by government
No objections were filed to this R&R
doc385 ORDER by Smith adopting R&R
denying motion to suppress 265
MOTIONS IN LIMINE
doc262 Motion in limine on racist testimony
doc263 Motion in limine on street gang affiliation
doc271 Motion in limine to prohibit mentioning of threats and obstruction
doc275 Motion in limine to preclude use of improper Bruton evidence
doc303 Motion in
limine to exclude Eymard and Buchanan testimony
doc386 ORDER by Smith adopting R&R
denying exclusion of Eymard and Buchanan testimony
doc345 ORDER by Smith
denying in part motions in limine
doc362 GOVERNMENT motion for
reconsideration of ORDER 345
doc369 ORDER by Smith granting motion for
reconsideration by Government
doc373 ORDER by Smith dealing with Bruton issues
doc392 ORDER by Smith granting in part Government motion for reconsideration
doc406 GOVERNMENT motion to exclude bad act evidence of victim McKay
doc407 GOVERNMENT motion to preclude defense expert testimony by Eggington
doc411 ORDER by Smith granting in part and denying in part defense motion in limine
doc435 DEFENSE requested instruction on race
MOTION FOR JUDGMENT OF ACQUITTAL AND NEW
TRIAL
doc490 DEFENSE motion for NEW Trial
doc504 ORDER by Smith denying post
trial motions
SENTENCING AND NOTICE OF APPEAL
doc506 Judgment and Sentence on Eye
doc511 Notice of Appeal for Eye
last update: June 2009