United States v. Taveras

MEMORANDUM AND ORDER SENTENCING PHASE JURY — EXCLUDING EVIDENCE FROM GUILT PHASE

JACK B. WEINSTEIN, Senior District Judge:

Contents

I. Introduction.536

II. Guilt Phase Proceedings and Prior Evidentiary Decisions.537

A. Pre-Trial Appellate Decision on the Admissibility of Post-Mortem Dismemberment Evidence During the Guilt Phase .537

B. Post-Mortem Dismemberment Evidence during Voir Dire and the Guilt Phase .538

III. Exclusion of Post-Mortem Dismemberment Evidence at the Penalty Phase.538

A. Admission of Dismemberment Evidence Would Seriously Prejudice the Defendant .538

B. A Strong Instruction on the…