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United States v. Wilkerson

United States District Court, S.D. West Virginia, Charleston

April 3, 2018

UNITED STATES OF AMERICA
v.
DON LAMONT WILKERSON

          MEMORANDUM OPINION AND ORDER

          DAVID A. FABER SENIOR UNITED STATES DISTRICT JUDGE

         Pending before the court are a number of pre-trial motions filed by the defendant and the United States. ECF Nos. 58, 59, 115-118, 121, 146-148, 157-160, 165, 172. Additionally, the United States made three (3) oral motions at the March 26, 2018 pre-trial motions' hearing. For the reasons placed on the record at the hearing, the court hereby ORDERS as follows:

1) Defendant's Motion in Limine to Prohibit Introduction of Witness Testimony Characterizing Audio and Video Recordings is DENIED. ECF No. 58.
2) Defendant's Motion in Limine to Prohibit the Undisclosed MDENT (Metropolitan Drug Enforcement Network Team) Policies and Procedures for Searching Informants and Vehicles is DENIED. ECF No. 59.
3) Defendant's Motion in Limine to Prohibit the Introduction of Laboratory Reports at Trial is DENIED as moot. ECF No. 115.
4) Defendant's Motion in Limine to Prohibit Introduction of Recorded Jail Calls was deferred until trial. At trial, the United States did not introduce defendant's jail calls, therefore the motion is DENIED as moot. ECF No. 116.
5) Defendant's Motion in Limine Regarding Admission of Exhibits is DENIED as moot, because the court allowed the parties to admit exhibits into evidence either during or at the close of testimony. ECF No. 117.
6) Defendant's Motion in Limine to Prevent Mention of Alleged Supervised Release Violations and Federal Arrest is DENIED in part as moot because the government will not mention defendant's alleged supervised release violations and DENIED in part insofar as the government may state that the defendant was arrested by the United States Marshals Service. ECF No. 118.
7) United States' Motion in Limine to Exclude MDENT Policies and Procedures is DENIED. ECF No. 121.
8) Defendant's Motion in Limine to Prohibit Testimonial Statements of Non-Testifying Witness is DEFERRED until trial. ECF No. 146.
9) Defendant's Motion in Limine to Exclude Fugitive Testimony is DENIED. ECF No. 147.
10) Defendant's Motion in Limine to Disallow Transcripts of Audio and Video Recorded Evidence is DENIED as moot because the transcripts will not be admitted into evidence. ECF No. 148
11) United States' Motion in Limine to Exclude Defendant's Expert Witness was deferred until trial. At trial, defendant's counsel did not call his expert witness to testify. Therefore, the motion is DENIED as moot. ECF No. 157.
12) United States' Motion in Limine to Exclude Extrinsic Evidence of Witness's Prior Convictions and Prior Acts is ...

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