U.S. v. ABARCA, 1:14-CR-434-0DE. (2015)
Court: District Court, N.D. Georgia
Number: infdco20150327d22
Visitors: 9
Filed: Mar. 25, 2015
Latest Update: Mar. 25, 2015
Summary: ORDER ORINDA D. EVANS , District Judge . This criminal action is before the Court on the Final Report and Recommendation of United States Magistrate Judge Alan J. Baverman filed-February 12, 2015 ("R&R") [Doc. 30]. No objections have been filed. 1 In the R&R, Judge Baverman recommends that Defendant's Motion to Suppress Evidence [Doc. 27] be DENIED and that Defendant's Motion to Suppress Statements [Doc. 26] requesting a pre-trial hearing on the issues of voluntariness and potential Mir
Summary: ORDER ORINDA D. EVANS , District Judge . This criminal action is before the Court on the Final Report and Recommendation of United States Magistrate Judge Alan J. Baverman filed-February 12, 2015 ("R&R") [Doc. 30]. No objections have been filed. 1 In the R&R, Judge Baverman recommends that Defendant's Motion to Suppress Evidence [Doc. 27] be DENIED and that Defendant's Motion to Suppress Statements [Doc. 26] requesting a pre-trial hearing on the issues of voluntariness and potential Mira..
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ORDER
ORINDA D. EVANS, District Judge.
This criminal action is before the Court on the Final Report and Recommendation of United States Magistrate Judge Alan J. Baverman filed-February 12, 2015 ("R&R") [Doc. 30]. No objections have been filed.1
In the R&R, Judge Baverman recommends that Defendant's Motion to Suppress Evidence [Doc. 27] be DENIED and that Defendant's Motion to Suppress Statements [Doc. 26] requesting a pre-trial hearing on the issues of voluntariness and potential Miranda violations be DENIED IN PART as to Defendant's Miranda grounds and DEFERRED IN PART to this Court as to any hearing on voluntariness [Doc. 30 at 8].2
The Court having read and considered the R&R and noting the absence of any objections thereto, it is hereby ADOPTED as the opinion and order of the Court.
As to the hearing regarding the voluntariness of Defendant's statements, such a hearing pursuant to Jackson v. Denno, 378 U.S. 368 (1964), is DEFERRED until trial.
SO ORDERED.
FootNotes
1. An extension until March 12, 2015 was granted to defense counsel to file objections [Doc. 34]. However, to date, no objections have been filed by either party.
2. Judge Baverman also notes that defense counsel was given the opportunity to supplement her motions and failed to do so [Doc. 30 at 1].
Source: Leagle
