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12CR1522 The People of the State of Colorado v. James Holmes - documents from 11/15/2013 to 03/24/2014

 

Date Document
11/15/2013 Reply to Prosecution's Response to Motion to Declare the Death Penalty Unconstitutional for Its Failure, In Practice, to Meet the Minimum Constitutional Requirements Set Forth in Furman, Gregg and Their Progeny (D-149)
11/15/2013 Reply to Prosecution's Response to Motion to Prevent Death Qualification of the Jury (D-150)
11/15/2013 Reply to Prosecution's Response to Motion to Conduct Digital Video Recordings of Jury Selection (D-151)
11/15/2013 Reply to Prosecution's Response to Motion for Jury View of Sterling Correctional Facility, Colorado State Penitentiary, San Carlos Correctional Facility, and Centennial Correction Facility in the Event a Capital Sentencing Trial is Held (D-153)
11/15/2013 Reply to Prosecution's Response to Motion for Particular Procedures During Jury Selection (D-154)
11/15/2013 Reply to Prosecution's Response to Motion to Strike the Death Penalty, or for Other Alternative Relief - The United States Supreme Court's Jurisprudence on Jury Selection in Capital Cases Is In Irreconcilable Conflict With the Eighth Amendment and Evolving Standards of Decency/Proportionality in Capital Cases (D-155)
11/15/2013 Reply to Prosecution's Response to Motion to Declare Disclosure Provisions of Section 18-1.3-1201(3)(C) and Crim. P. 32.1(D)(7) Unconstitutional (D-156)
11/15/2013 Reply to Prosecution's Response to Defense Motion to Declare C.R.S. 18-1.3-1201 Unconstitutional Because it Fails to Sufficiently Narrow the Class of Individuals Eligible for the Death Penalty (D-157)
11/15/2013 Reply to Prosecution's Response to Motion to Declare C.R.S. 18-1.3-1201(5)(J) ("Heinous, Cruel or Depraved" Aggravator) Unconstitutional (D-158)
11/15/2013 Reply to Prosecution's Response to Motion to Declare C.R.S. 18-1.3-1201(5)(I) ("Creation of a Grave Risk of Death" Aggravator) Unconstitutional (D-159)
11/15/2013

Reply to Prosecution's Response to Motion to Declare C.R.S. 18-1.3-1201(5)(M) ("Intentional Killing of a Child Under Twelve" Aggravator) Unconstitutional (D-160)

11/15/2013 Reply to Prosecution's Response to Motion to Declare C.R.S. 18-1.3-1201(5)(M) ("Killing of Two or More Persons" Aggravator) Unconstitutional (D-161)
11/15/2013 Reply to Prosecution's Response to Motion to Declare C.R.S. 18-1.3.1201(5)(F) ("Lying in Wait" Aggravator) Unconstitutional (D-162)
11/15/2013 Reply to Prosecution's Response to Motion to Declare C.R.S. 18-1.3-1201 Unconstitutional Because the Classifications It Creates Among Murder Cases are Arbitrary (D-163)
11/15/2013 Reply to Prosecution's Response to Motion to Declare Colorado's Death Penalty Unconstitutional Because, in Practice, It Is Arbitrary in Both Application and Operation (D-164)
11/15/2013 Reply to Prosecution's Response to Motion to Exclude Victim Impact Testimony from Any Penalty Phase Hearing Held Before the Jury in this Case as Unconstitutional, Or in the Alternative, To Declare C.R.S. 18-1.3-1201(1)(B) Unconstitutional Because it Fails to Sufficiently Limit the Scope of Admissible Victim Impact Evidence (D-166)
11/15/2013 Reply to Prosecution's Response to Defendant's Motion to Compel Compliance with Rule 32.1(D)(2) (D-167)
11/15/2013 Reply to Prosecution's Response to Defendant's Motion for a Pre-Trial Evidentiary Hearing to Litigate Issues Surrounding the Admissibility of Any Proffered Victim Impact Evidence (D-168)
11/15/2013 Order Regarding People's Notice Setting Hearing on Motion D-106 (P-66)
11/15/2013 Order Regarding Defendant's Motion to Suppress Evidence: Searches of 1690 N. Paris Street Number 10 (D-123)
11/18/2013 Amended Order Regarding Defendant's Motion to Suppress Evidence: Searches of 1690 N. Paris St., #10 (D-123-A)
11/18/2013 Order Granting the People's Request to Suppress Motions P-67 and P-68 (C-76)
11/18/2013 Order to Set Forthwith Status Hearing (C-77)
11/19/2013

People's Notice Setting hearing on P-067 and P-068 [People's Pleading P-069]

11/19/2013 Order Setting Status Hearing on Motions P-67 and P-68 (P-69)
11/19/2013 Media Alert: Status Hearing Thursday, Nov. 21, 2013, at 10 a.m.
11/20/2013 Reply to Prosecution's Response to Motion to Strike the Death Penalty Because it Violates the State and Federal Constitutional Prohibitions Against Cruel and Unusual Punishment, the Substantive Due Process Clause of Both Constitutions, and the Right to Life Clause of the Colorado Constitution (D-165) (Filed Nov. 20, 2013)
11/20/2013 Reply to Prosecution's Response to Defendant's Motion to Strike the Death Penalty Because Prosecuting a Capital Offense in the Absence of a Grand Jury Indictment Violates the Grand Jury Clause of the Fifth Amendment to the United States Constitution (D-175) (Filed Nov. 20, 2013)
11/20/2013 Reply to Prosecution's Response to Defendant's Motion to Strike the Death Penalty Because Prosecuting a Capital Offense in the Absence of a Grand Jury Indictment Violates the Cruel and Unusual Punishment Clause of the United States Constitution (D-176) (Filed Nov. 20, 2013)
11/20/2013 Reply to Prosecution's Response to Defendant's Motion to Strike the Death Penalty Because Prosecuting a Capital Offense in the Absence of a Grand Jury Indictment Violates the Colorado Constitution (D-177) (Filed Nov. 20, 2013)
11/20/2013 Reply to Prosecution's Response to Mr. Holmes's Motion to Reconsider Order Regarding Defendant's Motion for Sequestration Order and Prosecution's Motion for Victims to be Present at all Critical Stages of the Criminal Justice Process and to be Exempt from Sequestration (D-181) (Filed Nov. 20, 2013)
11/22/2013 Register of Actions November 15, 2013 through November 22, 2013
11/22/2013 Order Regarding Defendant's Motion for Specific Procedures to Safeguard Mr. Holmes's Right to a Fair Trial by an Impartial Jury (D-180-A)
11/26/2013 Order Granting People's Request to Suppress Responses to Defendant's Motions D-185, D-187, and D-188 (C-78)
11/29/2013 Register of Actions November 22, 2013 through November 29, 2013
12/04/2013 Order Regarding Certain Victim's Motion for Extension of Existing Order Sealing Certain Exhibits to those Victims and for Release of Exhibits to Victims under that Order (C-68-A)
12/05/2013 Order Regarding People's Motion to Continue Hearing on Motion D-106 (P70)
12/06/2013 Register of Actions November 30. 2013 through December 06, 2013
12/06/2013 Motion to Close Evidentiary Hearing on [P-67] and [P-68]  [D-191]
12/06/2013 Order Regarding Defendant's Motion to Reschedule Hearings on Motions P-67 and P-68 Due to Witness Scheduling Conflict (D-190)
12/09/2013 Order Regarding People's Motion for Leave to File a Motion for Further Examination (P-67)
12/09/2013 Order Setting Briefing Schedule on the Defendant's Motion to Close the Evidentiary Hearing on Motions P-67 and P-68 (D-191)
12/10/2013 People's Response to Defendant's Motion D-191 to Close Evidentiary Hearing on P-67 and P-68
12/10/2013 Order Setting Further Hearing on Motion P-68 (D-192)
12/11/2013 Opinion from New York Court of Appeals Regarding Subpoena of Jana Winter
12/11/2013 Media Petitioner's Response in Opposition to Defendant's Motion to Close Evidentiary Hearing [D-191]
12/13/2013 Order Regarding Defendant's Motion to Reconsider Defendant's Motion for Sequestration Order and Prosecution's Motion for Victims to be Present at all Critical Stages of the Criminal Justice Process and to be Exempt from Sequestration (D-181-A)
12/13/2013 Reply to Prosecution's Response to Motion to Close Evidentiary Hearing (D-191)
12/13/2013 Reply to Media Petitioners' Response in Opposition to Defendant's Motion to Close Evidentiary Hearing (D-191)
12/13/2013 Order Regarding Defendant's Motion to Strike Additional Argument by Prosecution as Untimely or, Alternatively, to Continue Evidentiary Hearing and for Permission to File Additional Written Pleadings in Response to the Issues Raised in the Prosecution's Reply to P-68 (D-193)
12/13/2013 Register of Actions Dec. 6, 2013, to Dec. 13, 2013
12/13/2013 Media Alert: Logistics for Wednesday, Dec. 18, 2013, Status Hearing
12/20/2013 Register of Actions December 13, 2013 to December 20, 2013
12/20/2013 Order Regarding Defendant's Motion to Close Evidentiary Hearing on Motions P-67 and P-68 (D-191-A)
12/23/2013 Curricula Vitae Exhibit C and D of P68 to be Released per Court Order D-191-A
12/27/2013 Register of Actions December 20, 2013 to December 27, 2013
01/06/2014 Order Granting Request to Suppress the Defendant's Notice of Attorneys and Staff Members to be Included in Jury Questionnaire (D-194)
01/06/2014 Order Suppressing Filings and Transcript (C-79)
01/07/2014 Petition Under C.A.R. 21 for Rule to Show Cause filed with the Supreme Court 14SA1
01/07/2014 Order of Court from Supreme Court 14SA1
01/09/2014 Motion to Permit CMHIP Counsel to Attend Hearing on Prosecution's Motion P-68
01/09/2014 Order Regarding Motion to Suppress Mr. Holmes' July 20, 2012, Statement to Special Agent Gumbinner and Detective Appel (D-127)
01/10/2014 Order Regarding Motion to Permit CMHIP Counsel to Attend Hearing on Prosecution's Motion P-68 (C-80)
01/10/2014 Register of Actions, Jan. 3 to Jan. 10, 2014
01/15/2014 Order Regarding People's Motion for Defense Disclosure of Mitigating Factors Prior to Close of Evidence at Sentencing (P-49)
01/15/2014 Order Regarding People's Proposed Allocution Advisement (P-47)
01/17/2014 Register of Actions: Jan. 10 to Jan. 17, 2014
01/22/2014 Notice Regarding Updated Jury Orientation Video (C-69-A)
01/23/2014 Order Regarding People's Motion In Limine to Exclude Evidence or Argument Concerning History and Evolution of Death Penalty (P-51)
01/23/2014 Order Regarding People's Motion In Limine to Exclude Execution Impact Evidence and Argument (P-52)
01/24/2014 Register of Actions January 17, 2014 through January 24, 2014
01/24/2014 Media Alert: Logistics for Jan. 27 to Jan. 31 motions hearings
01/27/2014 Order Regarding Defendant't Motion Objecting to the Attendance of the District Attorney's Public Information Officer at Closed Proceedings to be Held on Motions P-68 (D-195)
01/27/2014 Order Regarding People's Motion In Limine to Exclude Evidence of Method of Execution (P-53)
01/31/2014 Register of Actions January 24, 2014 through January 31, 2014
02/07/2014 Register of Actions January 31, 2014 through February 7, 2014
02/07/2014 Order Regarding Defendant's Motion to Suppress Evidence: Cellular Phone Records (D-113)
02/07/2014 Order Regarding Defendant's Motion to Suppress Evidence: Search and Seizure of Computers and Computer-Related Hardware and Drives (D-116)
02/07/2014 Order Regarding Defendant's Motion to Suppress Evidence: iPod Touch (D-118)
02/07/2014 Order Regarding Defendant's Motion to Suppress Evidence: iPhone (D-119)
02/07/2014 Order Regarding Defendant's Motion to Suppress Evidence: Email Account Records from Microsoft and Google (D-120)
02/07/2014 Order Regarding Defendant's Motion to Suppress Evidence: University of Colorado Emails and Email Account Records (D-121)
02/07/2014 Order Regarding Defendant's Motion to Suppress Evidence: Search and Seizure of Bank Records (D-122)
02/07/2014 Order Regarding Defendant's Motion to Suppress Evidence: Search and Seizure of Bank Records (D-122a)
02/14/2014 Register of Actions Feb. 7 to Feb. 14, 2014
02/19/2014 Order Requesting a Status Hearing (C-81)
02/19/2014

Order Regarding People's Motion for Further Examination Pursuant to C.R.S. 16-8-106(1) (P-68)

02/20/2014 People's Notice Setting Hearing Pursuant to C-81 [People's Pleading P-074]
02/20/2014 Order Setting A Status Hearing (P-74)
02/21/2014 Register of Actions February 14, 2014 to February 21, 2014  
02/24/2014 Media Alert: Status Hearing, Thursday, Feb. 27, 2014, 9 a.m.
02/27/2014 Order Prohibiting the Parties and the Colorado Mental Health Institute at Pueblo from Sharing any Materials Related to this Case with the New Examiner Until Further Order of the Court (C-82)
02/28/2014 Register of Actions Feb. 21 to Feb. 28, 2014
02/28/2014 Order Regarding Defendant's Motion In Limine to Exclude Evidence and Findings Concerning Competency to Stand Trial (D-185)
02/28/2014 Order Regarding Defendant's Motion to Suppress and/or Exclude Statements Made by Mr. Holmes Acquired Directly or Indirectly for the First Time From the Sanity Evaluation Conducted Pursuant to CRS 16-8-106, As Well As Any Statements Acquired Pursant to CRS 16-8-103.6, During All Phases of this Capital Case (D-187)
02/28/2014 Order Regarding People's Motion in Limine to Exclude Capital Punishment Opinion Evidence (P-48)
02/28/2014 Motion in Limine to Exclude Evidence and Findings Concerning Competency to Stand Trial [D-185]
02/28/2014 Motion to Suppress and/or Exclude Statements Made by Mr. Holmes Acquired Directly or Indirectly for the First Time from the Sanity Evaluation Conducted Pursuant to CRS 16-8-106, As Well As Any Statements Acquired Pursuant to CRS 16-8-103.6, During all Phases of this Capital Case [D-187]
02/28/2014 People's Response to Defense Motion in Limine to Exclude Evidence and Findings Concerning Competency to Stand Trial [D-185]
02/28/2014 People's Response to Defense Motion to Suppress and/or Exclude Statements made by Mr. Holmes Directly or Indirectly for the First Time from the Sanity Evaluation Conducted Pursuant to CRS 16-8-106, As Well As Any Statements Acquired Pursuant to CRS 16-8-103.6, During All Phases of the Capital Case [D-187]
02/28/2014 Reply to Response to Motion in Limine to Exclude Evidence and Findings Concerning Competency to Stand Trial [D-185]
02/28/2014 Reply to Response to Motion to Suppress and/or Exclude Statements made by Mr. Holmes Directly or Indirectly for the First Time from the Sanity Evaluation Conducted Pursuant to CRS 16-8-106, As Well As any Statements Acquired Pursuant to CRS 16-8-103.6, During All Phases of the Capital Case [D-187]
03/03/2014 Notice of Filing: Speedy Trial Waiver [D-197]
03/07/2014 Register of Actions February 28, 2014 to March 07, 2014
03/10/2014 Order Regarding Defendant's Motion for Jury View of Sterling Correction Facility, Colorado State Penitentiary, San Carlos Correctional Facility, and Centennial Correctional Facility in the Event a Capital Sentencing Trial is Held (D-153)
03/10/2014 Order Regarding Defendant's Motion to Preclude Expert Opinion Testimony of Bomb Technicians and/or any Other Explosives Experts, Pursuant to CRE 702 and 403, Due Process, and People V. Shreck, 22 P.3D 68 (COLO.2001) (D-109)
03/10/2014 Order Regarding Defendant's Motion to Preclude Expert Opinion Testimony Concerning Forensic Serological and DNA Analysis, Pursuant to CRE 702 and 403, Due Process, and People V. Shreck, 22 P.3D 68 (COLO.2001) (D-103)
03/10/2014 Order Regarding People's Motion in Limine to Exclude All Evidence of Other Murder Cases (P-54)
03/10/2014 Order Regarding People's Motion in Limine to Exclude Evidence of Prison Conditions (P-55)
03/10/2014 Order Regarding People's Motion in Limine to Exclude Residual Doubt Evidence and Argument (P-56)
03/11/2014 Order Appointing Psychiatrist Selected by the Colorado Mental Health Institute at Pueblo to Conduct a New Court-Ordered Sanity Examination (C-84)
03/11/2014 Notice to the Court Regarding Pleading filed in the United States Supreme Court (D-198)
03/11/2014 Notice to the Parties and Nonparty Jana Winter Regarding Pleading Filed in the United States Supreme Court (C-85)
03/13/2014 Motion for Court Order Authorizing Providers at Denver Health Medical Center to Speak to the Defense [D-199]
03/13/2014 Order Further Redacting Public Copy of Motion D-199 (C-86)
03/14/2014 Notice Regarding Hearings to be Held on Capital Motions During Weeks of April 28 and May 5, 2014 (C-87)
03/14/2014 Order Regarding Defendant's Motion for Defense and Prosecution to Have Same Number of Closing Arguments at Any Sentencing Trial (D-142)
03/14/2014 Order Regarding Defendant's Motion that the State be Required: (1) to Prove Beyond a Reasonable Doubt Every Alleged Non-Statutory Aggravation Fact/Circumstance: and (2) to Provide Notice of Every Alleged Non-Statutory Aggravating Fact/ Circumstance It May Rely On at the Fourth Step of Any Sentencing Phase (D-147)
03/14/2014 Order Regarding Defendant's Motion to Declare Colorado's Death Penalty Scheme Unconstitutional in Light of People V. Dunlap, 36P.3D 778 (COLO.2001) (Dunlap II) (D-145)
03/14/2014 Order Regarding Defendant's Motion to Preclude the Death Penalty as a Possible Punishment in this Case Because Colorado's Current Death Penalty Sentencing Scheme, as Interpreted in People V. Dunlap, 975 P.2D 723 (COLO.1999) (Dunlap I), Is Unconstitutional (D-144)
03/14/2014 Order Regarding Defendant's Motion to Put the Burden of Proof Beyond a Reasonable Doubt on the State at the Second and Third Steps and that the State Bear the Burden of Persuasion Beyond a Reasonable Doubt at the Fourth Step of the Statutory Sentencing Process, Should Those Steps be Reached and Objection to any Other Standard (D-146)
03/14/2014 Order Regarding Defendant's Motion to Require that the Jury must Determine Beyond a Reasonable Doubt that Proven Statutory Aggravating Factors Outweigh Mitigation at Step Three of any Sentencing Proceeding, or Alternatively, to Declare Colorado's Death Penalty Scheme Unconstitutional (D-143)
03/14/2014 Register of Actions March 7, 2014 to March 14, 2014
03/18/2014 Motion Requesting Procedures to Allow the Parties to Have Input on Court's Decisions Regarding Information That is Released to The Public [D-203]
03/18/2014 People's Response to Defendant's Motion D-199: "Motion for Court Order Authorizing Providers at Denver Health Medical Center to Speak to the Defense"
03/18/2014 Order Denying Defendant's Motion Requesting Procedures to Allow the Parties to Have Input on Court's Decisions Regarding Information that is Released to the Public (D-203)
03/18/2014 Order Amending April 16, 2013 Supplemental Case Management Order (C-89)
03/18/2014 Order Regarding Defendant's Requests to Suppress Motions D-200, D-201, and D-202, as well as Part of the Title of Motion D-202 (C-88)
03/18/2014 Order Staying Relief Granted in Order P-68 (C-90)
03/18/2014 Order Regarding Defendant's Motion for Court Order Authorizing Providers at Denver Health Medical Center to Speak to the Defense (D-199)
03/19/2014 Motion to Compel the Court's Public Information Officer to Comply with: 1) The Court's Orders Limiting Pre-Trial Publicity; 2) The Colorado Code of Judicial Conduct; 3) Chief Justice Directive 05-01; and 4)The Colorado Judicial Department Code of Conduct [D-204]
03/19/2014 Order Regarding Defendant's Motion to Compel the Court's Public Information Officer to Comply with: 1) The Court's Orders Limiting Pre-Trial Publicity; 2) The Colorado Code of Judicial Conduct; 3) Chief Justice Directive 05-01; and 4) The Colorado Judicial Department Code of Conduct (D-204)
03/21/2014 Register of Actions March 14, 2014 to March 21, 2014
03/24/2014 People's Notice in Response to Court's Order C-87 [P-075]
03/24/2014 Order Suppressing the People's Responses to Defense Motions D-200, D-201, and D-202, Including Part of the Title of the Response to Motion D-202 (C-91)
03/24/2014 Order Setting Capital Motions Hearing (P-75)
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