U.S. v. Garrison

Full title: UNITED STATES OF AMERICA, v. DAVID WALLACE GARRISON, DEFENDANT

Court: United States District Court, N.D. Mississippi, Delta Division

Date published: Aug 28, 2008

CRIMINAL ACTION NO. 2:08CR058-P-S (N.D. Miss. Aug. 28, 2008)

Opinion

CRIMINAL ACTION NO. 2:08CR058-P-S.

August 28, 2008

ORDER

W. PEPPER JR., District Judge

These matters came before the court upon the defendant's four motions in limine filed on July 26 and 27, 2008 prior to trial of this matter which began on July 28, 2008 and ended with a jury verdict of guilty on all counts on July 30, 2008. After consideration of the motions during trial, the court in effect granted the first motion in limine by allowing defense counsel to voir dire the Government's expert, Keith Haney. The court during trial denied the third and fourth motions in limine. With regard to the second motion in limine for early release of Jencks materials, the court deems this motion moot.

IT IS THEREFORE ORDERED AND ADJUDGED that:

(1) Defendant's first motion in limine for an evidentiary hearing with respect to purported expert [12] was GRANTED during trial;

(2) Defendant's second motion in limine for early release of Jencks material [13] is DENIED AS MOOT;

(3) Defendant's third motion in limine to suppress mention of "phantom" materials was DENIED at trial; and

(4) Defendant's fourth motion in limine to challenge undisclosed expert testimony was DENIED at trial.

SO ORDERED.