U.S. v. Visinaiz

Full title: UNITED STATES OF AMERICA, Plaintiff, v. CRUZ JOAQUIN VISINAIZ, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: Jul 2, 2004

Case No. 2:03-CR-701-PC (D. Utah Jul. 2, 2004)

Opinion

Case No. 2:03-CR-701-PC.

July 2, 2004

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

PAUL CASSELL, District Judge

Having considered Mr. Visinaiz's Motion to Enlarge the Time to File Additional Motion in Limine, said motion is hereby GRANTED, and the Court finds as follows:

FINDINGS OF FACT

1. Plaintiff is not materially prejudiced by this late filing, and defendant has shown good cause to have a short extention.

2. The Motion in Limine at issue is highly material, and could effect the outcome of the trial.

Based upon these Findings of Fact, the Court enters the following Conclusion of Law and Order:

CONCLUSION OF LAW

1. The United States Constitution requires that a defendant receive a fair trial. Based upon the facts presented, defendant is entitled to an enlargement of time to file a Motion in Limine pertaining to the exclusion of certain conviction information at trial.

ORDER

1. Defendant's Motion in Limine pertaining to the use of a conviction for impeachment purpose shall be deemed filed as of July 2, 2004, as attachment A to defendant's Motion to Enlarge Time.

2. Plaintiff shall have one additional day to respond, and must file any response by July 23, 2004.