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United States v. Herring

United States District Court, N.D. Iowa, Cedar Rapids Division

September 26, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
KEVIN HERRING, Defendant.

          ORDER

          C.J. Williams, United States District Judge.

         I. INTRODUCTION

         This case is before the Court pursuant to defendant's Motion in Limine. (Doc. 27). The government timely filed a response to the motion. (Doc. 30). On September 24, 2018, the Court heard argument from the parties on this motion during the final pretrial conference. Neither party cited any cases or authority for their respective positions in either their briefs or during argument, aside from references to the Federal Rules of Evidence. For the following reasons, the Court denies in part, and holds in abeyance in part, defendant's Motion in Limine.

         II. RELEVANT BACKGROUND

         On July 11, 2018, the Grand Jury issued a superseding indictment charging defendant with: sexual exploitation of a child in violation of 18 U.S.C. §§ 2251(a) and 2251(e) (Count 1); enticement of a minor in violation of 18 U.S.C. § 2422(b) (Count 2); and receipt of child pornography in violation of 18 U.S.C. §§ 2252(a)(2) and 2252(b)(1) (Count 3). (Doc. 11). On September 13, 2018, defendant filed a Motion in Limine, seeking a court order limiting, preventing, and restricting the Government from introducing at trial:

1) “Evidence and/or testimony regarding the prior criminal and arrest history of defendant, prior “bad acts” of defendant.” 2) Evidence and/or testimony regarding any “street name, ” nickname or moniker of defendant.
3) Evidence and/or testimony regarding defendant's detention prior to trial.
4) Evidence and/or testimony regarding defense counsel's appointment via defendant's indigent status.
5) Evidence and/or testimony regarding defendant's status as a probationer, as a supervised release participant, and defendant's placement within the residential reentry center.
6) Evidence and/or testimony of lay or law enforcement witnesses who seek to recite statements from others, whether or not those are offered for the truth of the matter or simply as an explanation of why the lay witness or law enforcement took a specific route of action.
7) Evidence and/or testimony that is sought that is hearsay of any witness or the defendant.
8) Evidence and/or testimony sought to be established or used as a “co-conspirator” that is hearsay.

(Doc. 27).

         III. ...


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