Opinion
CASE NO. 3:11cr70-MCR
09-03-2012
UNITED STATES OF AMERICA v. RAYSEAN K. RICHARDSON
REFERRAL AND ORDER
Referred to Judge M. Casey Rodgers on August 31, 2012
Motion/Pleadings: GOVERNMENT'S FOURTH MOTION IN LIMINE
Filed by Government on 8/20/2012 Doc.# 84
RESPONSES:
_________________ on _________________ Doc.# _________________
_________________ on _________________ Doc.# _________________
___ Stipulated ___ Joint Pldg.
___ Unopposed ___ Consented
JESSICA J. LYUBLANOVITS,
CLERK OF COURT
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LC (1 OR 2)
Susan Simms
Deputy Clerk: Susan Simms
ORDER
Upon consideration of the foregoing, it is ORDERED this 3rd day of September, 2012, that:
The relief requested is GRANTED. Defendant filed no opposition to the motion and waived the selective prosecution claim by failing to timely file a motion to dismiss the indictment on selective prosecution grounds. (See Doc. 79). The court may grant relief from such a waiver only if the defendant shows cause, which he did not show upon filing the motion to dismiss. See United States v. Jennings, 991 F.2d 725, 730 (11th Cir. 1993). Therefore, the defendant is precluded from arguing or suggesting to the jury, directly or indirectly, that the government harbors racial, political or other improper prosecutorial motives absent a showing of cause to excuse the waiver, and presentation to the court, outside the presence of the jury, of clear and convincing evidence supporting such a claim. See United States v. Smith, 231 F.3d 800, 808 (11th Cir. 2000) (requiring "clear and convincing evidence" to show a discriminatory prosecutorial motive).
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M. CASEY RODGERS
Chief United States District Judge