16 May 1998
Source: http://www.id.uscourts.gov/ (Criminal Case 97-CR-97)

Note: The Court's imaging system is down for maintenance May 15 to May 18 so links will not work until afterwards. Also, the docket files contain multiple images requiring an appropriate graphics program for access. See the Court's instructions for viewing scanned images and suggested programs.

The final docket entries, Nos. 67 and 68, are available in HTML: http://jya.com/id-lth.htm

Docket Sheet for 3:97-CR-97 

                                                            TERMED
                       U.S. District Court
    U.S. District Court for the District of Idaho (Northern)

            CRIMINAL DOCKET FOR CASE #: 97-CR-97-ALL

State of Idaho, et al v. Horiuchi                           Filed: 10/31/97
Dkt# in other court: None

Case Assigned to:  Honorable Edward J. Lodge

LON T HORIUCHI (2)                Robert Huntley
     defendant                    [COR LD NTC ret]
                                  Patrick J Miller
                                  [COR LD NTC ret]
                                  GIVENS PURSLEY & HUNTLEY
                                  PO Box 2720
                                  Boise, ID 83701
                                  (208) 342-6571

                                  Earl J Silbert
                                  [COR LD NTC ret]
                                  Adam S Hoffinger
                                  [COR LD NTC ret]
                                  Patrick P de Gravelles
                                  [COR LD NTC ret]
                                  Patricia L Maher
                                  [COR LD NTC ret]
                                  SCHWALB DONNENFELD & SILBERT
                                  1025 Thomas Jefferson St NW
                                  #300 East
                                  Washington, DC 20007-5207
                                  (202) 965-7910


Pending Counts:

   NONE


Terminated Counts:                       Disposition

IC 18-4006(2) -- INVOLUNTARY      Case dismissed without
MANSLAUGHTER                      prejudice in Memorandum
(1)                               Decision and  Order dated
                                  5.14.98
                                  (1)


Offense Level (disposition): 4





Complaints:

   NONE


========================

Case Assigned to:  Honorable Edward J. Lodge

USA (99999)
     defendant
 [term  10/31/97]


Pending Counts:

   NONE


Terminated Counts:

   NONE



Complaints:

   NONE


U. S. Attorneys:

  Denise M Woodbury
  [COR LD NTC]
  PO Box 1107
  Bonners Ferry, ID 83805
  (208) 267-7545

  Stephen Yagman
  [COR LD NTC]
  YAGMAN & YAGMAN
  723 Ocean Front Walk
  Venice, CA 90291-3270
  (310) 452-3200


    		
  







  

    

	Proceedings include all events
      

    		
  

  

    Date Filed
    Doc. No.
    Image
    Description
  

  

    10/31/1997
    1
    Yes
      - 1931 KB
    NOTICE OF REMOVAL of State Criminal Complaint by Defendant Lon T Horiuchi
  

  

    10/31/1997
    2
    Yes
      - 540 KB
    MEMORANDUM of Points and Authorities on Behalf of the United States
      in Support of Special Agent Horiuchi's Removal of this action to Federal
      Court
  

  

    11/07/1997
    3
    Yes
      - 91 KB
    MOTION to transfer division by Lon T Horiuchi
  

  

    11/07/1997
    4
    Yes
      - 326 KB
    MEMORANDUM by Lon T Horiuchi in support of motion to transfer division
      [3-1]
  

  

    11/17/1997
    5
    Yes
      - 148 KB
    ANSWER by State of Idaho to Notice of Removal [1-1]
  

  

    11/17/1997
    6
    Yes
      - 811 KB
    MEMORANDUM in support of Answer to Petition for Removal [5-1]
  

  

    11/17/1997
    7
    Yes
      - 221 KB
    OBJECTIONS by State of Idaho to Notice of Removal and to Memorandum
      in Support of Petition for Removal [1-1]
  

  

    11/18/1997
    8
    Yes
      - 71 KB
    APPLICATION of Stephen Yagman for Admission Pro Hac Vice to appear for
      State of Idaho
  

  

    11/24/1997
    9
    Yes
      - 776 KB
    AFFIDAVIT of Denise Woodbury filed in support of application of Stephen
      Yagman for Admission Pro Hac Vice [8-1]
  

  

    11/25/1997
    10
    Yes
      - 180 KB
    APPLICATION for attorney Patrick P. de Gravelles to appear pro hac vice
      for Lon T Horiuchi
  

  

    11/25/1997
    11
    Yes
      - 197 KB
    APPLICATION for attorney Adam S. Hoffinger to appear pro hac vice for
      Lon T Horiuchi
  

  

    11/25/1997
    12
    Yes
      - 187 KB
    APPLICATION for attorney Patricia L. Maher to appear pro hac vice for
      Lon T Horiuchi
  

  

    11/25/1997
    13
    Yes
      - 176 KB
    APPLICATION for attorney Earl J. Silbert to appear pro hac vice for
      Lon T Horiuchi
  

  

    11/25/1997
    14
    Yes
      - 380 KB
    REPLY by Lon T Horiuchi in support of notice of removal [1-1]
  

  

    11/25/1997
    --
    No
    RECEIPT #3324 $400.00 for pro hac vice fees (Docs 10-13)
  

  

    11/26/1997
    15
    Yes
      - 121 KB
    ORDER granting motion for attorney Earl J. Silbert to appear pro hac
      vice [13-1], granting motion for attorney Patricia L. Maher to appear pro
      hac vice [12-1], granting motion for attorney Adam S. Hoffinger to appear
      pro hacvice [11-1], granting motion for attorney Patrick P. de Gravelles
      to appear pro hac vice [10-1] (cc: all parties)
  

  

    12/05/1997
    16
    Yes
      - 116 KB
    ORDER by Honorable Edward J. Lodge admitting Stephen Yagman to Practice
      Pro Hac Vice as special prosecutor [8-1] (cc: all parties)
  

  

    12/11/1997
    17
    Yes
      - 238 KB
    MEMORANDUM by State of Idaho on issue of burden of proof on removal
      [5-1]
  

  

    12/12/1997
    18
    Yes
      - 610 KB
    SUBMISSION by Lon T Horiuchi regarding removal procedure [5-1]
  

  

    12/18/1997
    20
    Yes
      - 97 KB
    NOTICE of hearing re Notice of Removal [1-1] ; hearing set for 9:30
      1/12/98 for Lon T Horiuchi before EJL in Boise (cc: all parties)
  

  

    12/19/1997
    19
    Yes
      - 189 KB
    REPLY by petitioner Horiuchi to the State's Memorandum on Issue of Burden
      of Proof on Removal [17-1]
  

  

    12/30/1997
    21
    Yes
      - 142 KB
    NOTICE OF WAIVER by Lon T Horiuchi of right to appear at the 1/12/98
      remand hearing
  

  

    01/08/1998
    22
    Yes
      - 179 KB
    ORDER by Honorable Edward J. Lodge denying waiver of attendance [21-1]
      (cc: all parties)
  

  

    01/12/1998
    24
    Yes
      - 99 KB
    ORDER by Honorable Edward J. Lodge that the criminal charges against
      the dft Horiuchi are removed to Federal Court (cc: all parties)
  

  

    01/12/1998
    23
    Yes
      - 128 KB
    MINUTES: before Honorable Edward J. Lodge granting removal from State
      Court to Federal Court[1-1] ; arraignment set for 1:00 1/12/98 for Lon T
      Horiuchi
  

  

    01/12/1998
    25
    Yes
      - 404 KB
    MINUTES: before Magistrate Mikel H. Williams dft Lon T Horiuchi arraigned;
      Not Guilty plea entered; , arraignment held on 1/12/98 ; jury trial set for
      9:30 3/10/98 in Boise before Judge Lodge, PR Bond set for LonT Horiuchi
  

  

    01/12/1998
    26
    Yes
      - 730 KB
    PROCEDURAL ORDER as to Lon T Horiuchi by Magistrate Mikel H. Williams
      (cc: all parties)
  

  

    01/12/1998
    --
    No
    Docket Modification (Utility)
  

  

    01/12/1998
    --
    No
    Docket Modification (Utility)
  

  

    01/21/1998
    --
    No
    TRANSCRIPT of In Camera Hearing held 1.12.98 held before Honorable Edward
      J. Lodge. (SEALED)
  

  

    01/21/1998
    --
    No
    TRANSCRIPT of Hearing on Notice of Removal held before Honorable Edward
      J. Lodge on 1.12.98
  

  

    01/23/1998
    27
    Yes
      - 115 KB
    NOTICE by def Lon T Horiuchi that he intends to claim a defense of actual
      or believed exercise of public authority on behalf of law enforcement
  

  

    02/02/1998
    28
    Yes
      - 1751 KB
    RESPONSE by def Lon T Horiuchi to pla's first request for discovery
      to def
  

  

    02/06/1998
    --
    Yes
      - 129 KB
    MOTION for leave to file a 22 page brief in support of motion for change
      of venue by Lon T Horiuchi
  

  

    02/09/1998
    29
    Yes
      - 73 KB
    MOTION to change venue by Lon T Horiuchi
  

  

    02/09/1998
    31
    Yes
      - 137 KB
    MOTION to dismiss based on immunity under the Supremacy Clause of the
      United States Constitution by Lon T Horiuchi
  

  

    02/09/1998
    32
    Yes
      - 12007 KB
    MEMORANDUM of Points & Authoritieies in support of Def. Horiuchi's
      motion to dismiss based on immunity under the Supremacy Clause of the United
      States Constitution [31-1]
  

  

    02/09/1998
    34
    Yes
      - 413 KB
    NOTICE by State of Idaho of compliance with discovery and with procedural
      order
  

  

    02/09/1998
    35
    Yes
      - 1364 KB
    MEMORANDUM of Points and Authorities on behalf of United States in support
      of Special Agent Horiuchi's motion to dismiss [31-1]
  

  

    02/09/1998
    33
    Yes
      - 249 KB
    MOTION to Disallow the Defense of Immunity by State of Idaho
  

  

    02/09/1998
    30
    Yes
      - 5984 KB
    MEMORANDUM of Points and Authorities by defendant in support of motion
      of Def. Horiuchi to change venue [29-1]
  

  

    02/09/1998
    --
    No
    FILE DIVISION - File #2 begins with document # 36
  

  

    02/10/1998
    36
    Yes
      - 2195 KB
    NOTICE by State of Idaho of compliance with numbered paragraph 5 of
      January 12, 1998 procedural order, regarding expert testimony
  

  

    02/12/1998
    37
    Yes
      - 1186 KB
    MEMORANDUM by State of Idaho in opposition motion to dismiss based on
      immunity under the Supremacy Clause of the United States Constitution [31-1],
      motion to change venue [30-1]
  

  

    02/12/1998
    38
    Yes
      - 2935 KB
    MEMORANDUM by State of Idaho in opposition motion to change venue [30-1]
  

  

    02/12/1998
    39
    Yes
      - 671 KB
    MOTION to suspend trial date of 3/10/98 by Lon T Horiuchi
  

  

    02/17/1998
    40
    Yes
      - 680 KB
    AMENDED PROCEDURAL ORDER as to Lon T Horiuchi by Magistrate Mikel H.
      Williams (cc: all parties)
  

  

    02/26/1998
    41
    Yes
      - 271 KB
    MOTION of Amici Curiae Hon. William P. Barr, Hon. Griffin B Bell, Hon.
      Benjamin R Civiletti, Hon. Richard L. Thornburgh and Hon. William H. Webster
      for leave to file memorandum in support of Defendant Special Agent Lon
      T.Horiuchi's Motion to Dismiss
  

  

    02/26/1998
    42
    Yes
      - 798 KB
    MEMORANDUM in support of motion of Amici Curiae Hon. William P. Barr,
      Hon. Griffin B Bell, Hon. Benjamin R Civiletti, Hon. Richard L. Thornburgh
      and Hon. William H. Webster for leave to file memorandum in support ofDefendant
      Special Agent Lon T. Horiuchi's Motion to Dismiss [41-1]
  

  

    02/26/1998
    43
    Yes
      - 306 KB
    OPPOSITION by def Horiuchi to motion to Disallow the Defense of Immunity
      [33-1]
  

  

    02/26/1998
    44
    Yes
      - 1448 KB
    REPLY by Def Horiuchi in Support of Motion for Change of Venue [29-1]
  

  

    02/26/1998
    45
    Yes
      - 1890 KB
    REPLY by Def. Horiuchi in Support of Motion to Dismiss based on immunity
      under the Supremacy Clause of the United States Constitution [31-1]
  

  

    02/26/1998
    46
    Yes
      - 706 KB
    REPLY MEMORANDUM of Points and Authorities on behalf of USA in support
      of Special Agent Horiuchi's Motion to Dismiss [41-1]
  

  

    03/03/1998
    47
    Yes
      - 168 KB
    ORDER by Honorable Edward J. Lodge [29-1][41-1][39-1] jury trial vacated
      and will be reset after court has ruled on pending motions, Order for excludable
      delay, Hearing on Pending Motions set for 9:30 AM, on 3/13/98 in Boise
      beforeJudge Lodge; Def. is not required to be present (cc: all parties)
  

  

    03/03/1998
    --
    No
    Docket Modification (Utility) re [47-4]
  

  

    03/04/1998
    50
    Yes
      - 368 KB
    OPPOSITION by State of Idaho to motion of former government officials
      for permission to file brief amicus curiae/motion to dismiss [48-1]
  

  

    03/05/1998
    48
    Yes
      - 208 KB
    MOTION for leave to file brief amicus curiae by the International
      Association of Chiefs of Police, Inc.
  

  

    03/05/1998
    49
    Yes
      - 612 KB
    BRIEF Amicus Curias of the International Association of Chiefs of Police,
      Inc., in Support of Def's Motion to Dismiss [48-1]
  

  

    03/10/1998
    51
    Yes
      - 71 KB
    ORDER by Honorable Edward J. Lodge granting motion for leave to file
      a 22 page brief [0-1] (cc: all parties)
  

  

    03/10/1998
    52
    Yes
      - 216 KB
    ORDER by Honorable Edward J. Lodge establishing time limit for oral
      argument for the United States [47-4] (cc: all parties)
  

  

    03/13/1998
    53
    Yes
      - 34 KB
    MINUTES before Honorable Edward J. Lodge re Pending Motions
      [48-1][41-1][39-1][31-1][29-1][33-1][3-1]; Motions to dismiss taken under
      advisement.
  

  

    03/16/1998
    54
    Yes
      - 907 KB
    RULE 28(J) analog submission in further opposition to def's motion to
      dismiss by pla State of Idaho [41-1]
  

  

    03/16/1998
    55
    Yes
      - 1267 KB
    CORRECTED Rule 28(J) analog submission in further opposition to def's
      motion to dismiss by pla State of Idaho re [41-1]
  

  

    03/16/1998
    56
    Yes
      - 113 KB
    ORDER by Honorable Edward J. Lodge directing Clerk of Court for First
      Judicial District of the State of Idaho, in Boundary County to provide original
      or copy of entire file and any transcripts (cc: all parties)
  

  

    03/19/1998
    57
    Yes
      - 549 KB
    MOTION to strike the State of Idaho's Post-Hearing Supplemental Brief
      by Def Horiuchi
  

  

    03/20/1998
    58
    Yes
      - 525 KB
    MOTION to strike the State of Idaho's post-hearing supplemental brief
      on behalf of the USA
  

  

    03/20/1998
    59
    Yes
      - 155 KB
    MOTION to dismiss for prosecutorial misconduct by Def Horiuchi
  

  

    03/20/1998
    60
    Yes
      - 1321 KB
    MEMORANDUM of Points and Authorities in support of motion to dismiss
      for prosecutorial misconduct [59-1]
  

  

    03/23/1998
    --
    No
    REMARK--Rec'd State Court File from Boundary County
  

  

    03/31/1998
    61
    Yes
      - 181 KB
    RESPONSE by State of Idaho to Def's and United States' motions to strike
      the State's Supplemental Brief [57-1][58-1]
  

  

    03/31/1998
    62
    Yes
      - 1017 KB
    OPPOSITION by State of Idaho to Def's motion to dismiss based on alleged
      prosecutorial misconduct [59-1]
  

  

    03/31/1998
    63
    Yes
      - 1020 KB
    CORRECTED Opposition to Def's Motion to Dismiss based on Alleged
      Prosecutorial Misconduct [62-1]
  

  

    04/14/1998
    64
    Yes
      - 681 KB
    REPLY by defendant to State of Idaho's Opposition to Def Horiuchi's
      Motion to Dismiss for Prosecutorial Misconduct [62-1]
  

  

    05/03/1998
    65
    Yes
      - 206 KB
    NOTICE by State of Idaho of Rule 28(J) analog on dfts motion to dismiss
  

  

    05/08/1998
    66
    Yes
      - 160 KB
    ORDER by Honorable Edward J. Lodge denying without prejudice the motion
      to dismiss for prosecutorial misconduct [59-1] (cc: all parties)
  

  

    05/14/1998
    67
    Yes
      - 1492 KB
    MEMORANDUM DECISION AND ORDER by Honorable Edward J. Lodge denying motion
      of Amici Curiae Hon. William P. Barr, Hon. Griffin B Bell, Hon. Benjamin
      R Civiletti, Hon. Richard L. Thornburgh and Hon. William H. Webster for leave
      to filememorandum in support of Defendant [41-1]; motion for leave to file
      brief amicus curiae is granted [48-1]; motion to strike the State Idaho's
      Post-Hearing Supplemental Brief [57-1] is granted; Motion for Change of Venue
      is Denied; motion to Disallow the Defense of Immunity [33-1] is granted,
      pending charges are dismissed without prejudice;
  

  

    05/14/1998
    68
    Yes
      - 104 KB
    JUDGMENT as to Lon T Horiuchi by Honorable Edward J. Lodge dismissing
      pending charges (cc: all parties) (JUDGMENT SCANNED)