Report and Recommendation — United States v. Jokava Leone Harris and Keith Pharms (N.D. Ga., Dkt. 77)

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A Report and Recommendation (Document 77) in United States of America v. Jokava Leone Harris and Keith Pharms, Criminal Case Number 1:23-CR-004-JPB-JSA, in the U.S. District Court for the Northern District of Georgia, Atlanta Division, dated November 13, 2023 and signed by Magistrate Judge Justin S. Anand. It recommends that Harris's Motion to Suppress Evidence be denied as moot because a search warrant authorized the search, and that Pharms's Motion to Suppress Statements be granted as unopposed. A motion to allow participation in voir dire and the Government's Motion in Limine are deferred to the trial judge. The report states that the matter is ready for trial.

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       Case 1:23-cr-00004-JPB-JSA Document 77 Filed 11/13/23 Page 1 of 2




                 IN THE UNITED STATES DISTRICT COURT

                FOR THE NORTHERN DISTRICT OF GEORGIA

                              ATLANTA DIVISION



UNITED STATES OF AMERICA,               |       CRIMINAL CASE NUMBER:

v.                                      |       1:23-CR-004-JPB-JSA

JOKAVA LEONE HARRIS and                 |

KEITH PHARMS,                           |

                   Defendants.

                    REPORT AND RECOMMENDATION

       Currently pending are Defendant Harris’s Motion to Suppress Evidence

[63], Defendant Harris’s Motion to Allow Participation in Voir Dire [64],

Defendant Pharm’s Motion to Suppress Statements [70] and the Government’s

Motion in Limine [75]. The Motion to Allow Participation [64] and Motion in

Limine [75], as trial management or evidentiary matters, are DEFERRED to the

trial judge.


       As for Defendant Harris’s Motion to Suppress [63], counsel agreed that the

motion should be withdrawn or denied as moot in the light of the existence of a

search warrant authorizing the search. See Minute Text [71]. Thus, it is

RECOMMENDED that the Motion [63] be DENIED as moot.
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      Case 1:23-cr-00004-JPB-JSA Document 77 Filed 11/13/23 Page 2 of 2




      As for Defendant Pharms’s Motion to Suppress Statements [70], the

Government has indicated that it “no longer opposes defendant’s motion to

suppress his interview statements.” [75] at 1. Thus, this Motion [70] should be

GRANTED as unopposed and the Government should be ordered not to introduce

any statements by Defendant Pharms against him at trial in its case-in-chief. The

Government has argued that Defendant Pharms should likewise be excluded under

the rules of evidence from introducing self-serving statements from the interview

himself, and this motion in limine [75] is not opposed by Defendant. But this

motion is deferred to the trial judge to resolve as it involves an application of the

evidentiary rules.


      The matter is READY FOR TRIAL.


      IT IS SO RECOMMENDED this 13th day of November, 2023.



                                        __________________________________
                                        JUSTIN S. ANAND
                                        UNITED STATES MAGISTRATE JUDGE




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