Court filing
Motion to Adopt Codefendant Teldrin Foster's Response in Opposition by Carla Jackson — USA v. Thomas et al. (Dkt. 916, N.D. Ga.)
Filed February 11, 2024 in USA v. Thomas et al.; one of 81 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-02-11 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 916 · 2024-02-11 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES )
)
v. )
)
INDICTMENT NO.
CARLA JACKSON,
)
1:20-CR-00296-JPB-CMS-05
Defendant
)
______________________________ )
MOTION TO ADOPT CODEFENDANT TELDRIN FOSTER’S
“RESPONSE IN OPPOSITION” [DOC. NO. 914]
Comes now, Defendant Carla Jackson, by and through undersigned
counsel, and hereby moves this Court to adopt codefendant Teldrin Foster’s
“Response in Opposition” (Doc. No. 914). In support, Ms. Jackson shows
the following.
Mr. Foster’s Response in Opposition (“Response”) (Doc. No. 914) is
filed in opposition to the “United States Motion to Admit Evidence of Co-
Defendant Guilty Pleas” (hereafter “Motion”) (Doc. No. 912). In its Motion,
the Government seeks to introduce evidence of other co-defendants’ guilty
pleas by arguing that Mr. Foster opened the door to introduction of such
evidence during his cross-examination of Government witnesses.
Regarding Defendant Jackson, the Government asserts that the
mention by Ms. Jackson trial counsel during opening statements that the
Government’s investigation was “sloppy” and that two parties in this case –
Case 1:20-cr-00296-JPB-CMS Document 916 Filed 02/11/24 Page 1 of 4
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codefendants Darrell Thomas and John Gaines – had entered guilty pleas in
the case, somehow opens the door for the Government to elicit during
examination the fact that other codefendants’ entered guilty pleas.1
First, Defendant Jackson’s opening statement reference to a “sloppy”
Government investigation made no reference at all to the issue of whether
other codefendants had entered guilty pleas or not. It addressed the fact of a
pleading error in the Government’s Second Superseding Indictment
regarding count 46 and that this drafting error started at the case’s inception
and went through three separate charging documents (Indictment, First
Superseding Indictment, and Second Superseding Indictment). This is no
basis to grant the Government’s Motion.
Second, counsel for Ms. Jackson did mention that codefendant Darrell
Thomas and John Gaines had entered guilty pleas in this case, but that was
stated for two reasons: Defendant Jackson intends to call codefendant John
Gaines in her case-in-chief to testify on her behalf, and the fact of his guilty
plea will be discussed with Mr. Gaines during questioning. Also, Ms.
Jackson’s defense counsel mentioned Darrell Thomas’ guilty plea during the
opening statement because the Government referenced Mr. Thomas
1 For the above reasons, Ms. Jackson has the same standing to bring that
motion filed by Mr. Foster, a copy of which is attached hereto as Exhibit
“A.”
Case 1:20-cr-00296-JPB-CMS Document 916 Filed 02/11/24 Page 2 of 4
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specifically during its list of parties that it read out to the jury during voir
dire. Defendant Jackson assumed that Mr. Thomas could be called in as a
witness for the Government as he played a primary role in the Government’s
investigation and charging decisions.
WHEREFORE, for the reasons stated above, the Court should
GRANT Defendant’s Motion to Adopt, consider the additional arguments
set forth above, and DENY the Government’s Motion.
Respectfully submitted this 11th day of February, 2024.
/s/ David D. Marshall
David D. Marshall
Attorney for Defendant
Georgia Bar No. 471517
2550 Sandy Plains Road
Suite 225 PMB 349
Marietta, Georgia 30066
(404) 213-1358 (phone)
ddmarshall98@gmail.com
Case 1:20-cr-00296-JPB-CMS Document 916 Filed 02/11/24 Page 3 of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES )
)
v. )
)
INDICTMENT NO.
CARLA JACKSON,
)
1:20-CR-00296-JPB-CMS-05
Defendant
)
______________________________ )
CERTIFICATE OF SERVICE
This is to certify that the foregoing was formatted in 14-point Times
Roman, in accordance with Local Rule 5.1C, and was electronically filed
this day with the Clerk of Court using the CM/ECF system, which will
automatically send email notification of such filing to the following:
All defense counsel; All AUSA’s of record
This 11th day of February, 2024.
/s/ David D. Marshall
David D. Marshall
Attorney for Defendant
Georgia Bar No. 471517
2550 Sandy Plains Road
Suite 225 PMB 349
Marietta, Georgia 30066
(404) 213-1358 (phone)
ddmarshall98@gmail.com
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