Free Motion in Limine - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona THOMAS C. SIMON Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 3857 [email protected] Telephone (602) 514-7500

UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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United States of America, CR-04-1100-PHX-DGC Plaintiff, MOTION IN LIMINE v. William Kevin Domingo, Defendant. The United States of America, through counsel undersigned, and pursuant to Rule 609, Federal Rules of Evidence, respectfully moves this Court In Limine, to preclude any trial reference to the prior criminal histories of witnesses Lawrence Samuel Kisto, Hubert Evans, Jr., and Russell Blackwater, unless and until this Court has determined that either the witness has been convicted of a felony crime and the probative value of admitting this evidence outweighs its prejudicial effect, or, the witness has been convicted of a crime involving dishonesty or false statement. Either alternative is subject to the ten year time limitations of Rule 609(b). Here, on March 31, 2006, government's counsel received informal notice of defendant's general intent to impeach each of the aforementioned witnesses with prior criminal history. Without more, the government can only speculate as to the specific nature and/or extent of defendant's intended impeachment and whether it conforms to the requirements of Rule 609. Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion or of an order based thereon.

Case 2:04-cr-01100-DGC

Document 57

Filed 04/03/2006

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Respectfully submitted this 3rd day of April, 2006. PAUL K. CHARLTON United States Attorney District of Arizona S/Thomas C. Simon THOMAS C. SIMON Assistant U.S. Attorney
I hereby certify that on April 3, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David Lee Titterington

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