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United States v. Wilkerson
United States District Court, S.D. West Virginia, Charleston
April 3, 2018
UNITED STATES OF AMERICA
DON LAMONT WILKERSON
MEMORANDUM OPINION AND ORDER
A. FABER SENIOR UNITED STATES DISTRICT JUDGE
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.
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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