Monday, July 14, 2008

DA's Response to Cuadra's Omnibus Pretrial Motion


1. Admitted in part. The Defendant Cuadra is also charged with Criminal Use of the Communications device.

2. Admitted

3. Denied. The Defendant-Cuadra has failed to demonstrate the need for the Commonwealth to respond to the Bill of Particulars. The Commonwealth has responded to all discovery requests. The Defendant-Cuadra has failed to respond to the Commonwealth's discovery requests.

I. Request for individual voir dire
II. Motion for change of venue
III. Motion in limeline-photographs
IV. Cuadra's prior criminal record
V. Defendant's prior bad acts (A), (B) & (C)
VI. Motion to suppress oral and/or written statements
VII. Motion to quash-lack of specificty
VIII. Motion to suppress Black's Beach/Crab Catchers tapes
IX. Motion for severance
X. Motion to suppress search warrant executed on 1028 Stratem Court, Virginia Beach, Virginia
XI. Motion to suppress search warrants executed on defendant-Cuadra's E-Mail Accounts
XII. Motion on definition of life imprisonment-Simmons instruction
XIII. Defendant's claim that a "death qualified jury" deprives him of a fair trial
XIV. Defendant's claim that he is entitled to a bifurcated proceeding
XV. Defendant's claim that juries do not follow the standard instructions
XVI. Defendant's claim that 42 Pa.C.S.A. 9711 is unconstitutional
XVII. Defendant's claim that the death penalty is cruel and unusual punishment
XVIII. Defendant's petition for Writ of Habeaus Corpus
XIX. Defendant's motion to dismiss aggravating factors

This is in response to Harlow Caudra's Omnibus Pretrial Motion filed on June 4, 2008.