Opinion
CRIMINAL ACTION NO. 3:17-CR-66-TBR
11-01-2018
UNITED STATES OF AMERICA, PLAINTIFF v. DAVID GREENWELL, DEFENDANT
MEMORADUM OPINION AND ORDER
This matter is before the Court on the United States' motion in limine to exclude evidence of the Defendant's non-pertinent character traits and prior good conduct. [R. 55]. Defendant Greenwell has responded [R. 60] and no reply is necessary. For the following reasons, the United States' motion is DENIED.
DISCUSSION
The United States filed its motion in limine to exclude any evidence of Greenwell's non-pertinent traits of character and prior instances of good conduct, except reputation or opinion evidence offered by character witnesses strictly in accord with the limitations of Federal Rule of Evidence 405(a). In other words, the United States moves the Court to enforce the Federal Rules of Evidence at trial.
The Court will enforce the Federal Rules of Evidence at Trial. If the Defendant offers evidence at trial that the United States believes violates the Rules, then they may object, and the Court will fulfill its duty by enforcing the Rules. For the foregoing reasons, the United States' motion is DENIED.
ORDER
IT IS HEREBY ORDERED, the United States' motion in limine to exclude evidence of the Defendant's non-pertinent character traits and prior good conduct [R. 55] is DENIED, as those evidentiary issues will be addressed at trial.
IT IS SO ORDERED.
/s/
Thomas B. Russell, Senior Judge
United States District Court
November 1, 2018
cc: Counsel of Record