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United States v. Moore

United States District Court, Eighth Circuit

April 2, 2013

United States of America, Plaintiff,
v.
01-Gordon Lamarr Moore and 04-Shanell Collette Brewer, Defendants.

ORDER

PAUL A. MAGNUSON, District Judge.

This matter is before the Court on the Government's Motions in Limine, Defendant Gordon Lamarr Moore's Motion in Limine, and the Government's Notices relating to evidence and expert witnesses.

A. The Government's Motions/Notices

1. Moore's Prior Conviction

The Government first seeks to introduce evidence of Moore's prior conviction in 2000 for offering a forged check under Fed.R.Evid. 404(b). (Docket No. 140.) Rule 404(b) provides that evidence of other crimes is admissible to show "motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident." Fed.R.Evid. 404(b)(2). Rule 404(b) prohibits "only evidence that tends solely to prove the defendant's criminal disposition." United States v. Shoffner , 71 F.3d 1429, 1432 (8th Cir. 1995). Evidence is admissible under Rule 404(b) if: (1) it is relevant to a material issue; (2) it is proven by a preponderance of the evidence; (3) its probative value outweighs its prejudicial effect; and (4) is similar to and close in time to the charged offense. United States v. McGilberry , 620 F.3d 880, 886 (8th Cir. 2010).

The Court finds that the 2000 conviction meets the Rule 404(b) factors and therefore will be admitted during trial.

2. Charts

The Government provided notice to Defendants that it intends to introduce charts summarizing records that would be too voluminous to be examined in court. (Docket No. 145.) Consistent with Fed.R.Evid. 1006, the records have been made available to Defendants. The Government states that the records summarized in the charts are admissible under the business records exception to the hearsay rule (Fed. R. Evid. 803(8)), and have been certified by a records custodian (Fed. R. Evid. 902(11)).

The charts will be admitted during trial.

3. Expert Witnesses

The Government has provided notice that it will call Special Agent Scott Larson and Sergeant Investigator Russell Wicklund as expert witnesses. (Docket No. 141.) Defendants have not objected. Larson and Wicklund may provide expert testimony at trial.

4. Rule 609 Notice

The Government has provided notice that it may introduce evidence of certain of Moore's prior convictions under Fed.R.Evid. 609 if Moore testifies or puts his character for truthfulness at issue. (Docket No. 138.) Moore has five prior convictions at issue. Four of the convictions are more than ten years old and should not be admitted unless their probative value outweighs their prejudicial effect. Fed.R.Evid. 609(b)(1).

The first conviction, for providing false information to police in 1993, is old but clearly bears on Moore's truthfulness and is therefore highly probative. This conviction will be admitted if Moore ...


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