United States v. Florack
District Court, W.D. New York
1Opinion of the Court
DECISION AND ORDER
LARIMER, District Judge.
On January 21, 1994, defendants filed a motion to strike the suppression hearing testimony of Gates Police Officer John Schraml. The Government failed to file a written opposition to the motion and, because of that failure, Magistrate Judge Kenneth R. Fisher, to whom the motions had been referred, re*51fused to allow the Government to argue the motion and he granted defendants’ motion based on the Government’s default.
Thereafter, the Government moved pursuant to Fed.R.Crim.P. 12(f), “for reconsideration and/or reopening” of the proceedings concerning…
2Cases cited27 opinions
- Thomas v. ArnSupreme Court of the United States · 1986
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- California v. TrombettaSupreme Court of the United States · 1984
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- Shirley Small v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1989
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