No. CV03-0473101 S
September 19, 2011
MEMORANDUM OF DECISION
On September 8, 2011 this court heard arguments on the following motions and rendered the rulings on the matters as set forth:
1. Petitioner's Motion #158 in which objection and a motion to strike was filed to a statement in respondent's Post-Trial Brief made by a witness Dwane Stewart. His testimony identified the petitioner as the sole occupant in the vehicle operated by the defendant and from which shots were fired resulting in the death of the victim. Respondent's argument states he identified petitioner as the shooter. The statement was an argument and the weight of the statement is to be determined by this court. A motion to strike is not proper and therefore the objection to petitioner's objection is denied.
2. The petitioner's objection and motion to strike motion #157 because respondent's Post-Trial Brief claims improper reference by respondent to statements made at sentence review proceedings. The statements were allegedly made by petitioner's relatives at an application for sentence reduction after sentence was imposed. This evidence was not presented during the trial. It also does not constitute excludable evidence which should be stricken from respondent's brief. Petitioner's objection is therefore denied.
3. The respondent at the habeas proceeding on June 7, 2011 introduced two exhibits which were marked as Exhibits A and B. Respondent also marked for ID. only exhibits which were labeled C, D, E and F. They never became full exhibits at that hearing. Petitioner moved after the hearing to strike the ID. only exhibits from the file. This court previously denied the petitioner's motion, and petitioner has filed a motion to reargue. The motion to reargue is denied.