U.S. v. MILLS

No. CR02-938(E)DOC.

446 F.Supp.2d 1115 (2006)

UNITED STATES of America, Plaintiff, v. 1) Barry Byron MILLS; 2) Tyler Davis Bingham, Defendants.

United States District Court, C.D. California.

August 17, 2006.


Attorney(s) appearing for the Case

Gregory W. Jessner, U.S. Attorneys, Los Angeles, CA, for Plaintiff.

Mark F. Fleming, Mark F. Fleming Law Offices, San Diego, CA, H. Dean Steward, H. Dean Steward Law Offices, San Clemente, CA, for Defendants.


ORDER RE: PENALTY PHASE PROCEDURES

CARTER, District Judge.

Before the Court are two issues concerning the procedures of the death penalty phase of the Aryan Brotherhood trial: (1) whether the Confrontation Clause of the Sixth Amendment applies during the penalty phase of a capital trial; and (2) whether proof of unadjudicated crimes, when offered as evidence to prove the alleged non-statutory aggravating factor of future dangerousness, should be subject...

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