Sunday, July 27, 2008

DA's Brief Opposing Cuadra's Petition for Writ of Habeas Corpus

COMMONWEALTH'S BRIEF IN OPPOSITION TO DEFENDANT
HARLOW RAYMOND CUADRA'S PETITION FOR WRIT OF HABEAS CORPUS

This Memorandum of Law is written in response to the defendant Harlow Cuadra's Petition for Writ of Habeas Corpus that was filed by defense counsel on May 16, 2008.

I. Factual History
II. Charges Against the Defendant
III. Witness Testimony at the Preliminary Hearing
IV. Habeas/Preliminary Hearing in General
V. Statements Admissible to Show Existence of Conspiratorial Relationship and Criminal Conspiracy
VI. Co-Conspirator Exception
VII. Accomplice Liability
VIII. Defense Arguement that a 3rd Party Committed the Crimes
IX. Wiretap Related to Email
X. Corpus Delecti
XI. Criminal Conspiracy
XII. Commission of Robbery After the Victim is Deceased
XIII. Chain of Custody
XIV. Conclusion

This response was filed by the DA's office on July 7, 2008, but with so much going on, it took me a while to get it posted. I felt that other information received (Crab Catcher Transcripts, etc... ) simply had a higher priority. My apologies for the delay.