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U.S. v. LITTRELL

No. CR 02-938-CJC-22.

478 F.Supp.2d 1179 (2007)

UNITED STATES of America, Plaintiff, v. Gary Joe LITTRELL, Defendant.

United States District Court, C.D. California, Southern Division.

March 22, 2007.

Attorney(s) appearing for the Case

Stephen G. Wolfe, Assistant United States Attorney, Los Angeles, CA, for Plaintiff.

Christopher C. Chaney, Pasadena, CA, David J.P. Kaloyanides, Los Angeles, CA, for Defendants.

ORDER STRIKING THE GOVERNMENT'S NOTICE OF INTENTION TO SEEK THE DEATH PENALTY

CARNEY, District Judge.

Defendant Gary Joe Littrell moves to strike the Government's notice of intention to continue to seek the death penalty against him as unconstitutional. Mr. Littrell's motion is GRANTED. The Government violates a defendant's right to due process under the Fifth Amendment to the United States Constitution when its decision to seek the death penalty...

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