Free Order - District Court of Delaware - Delaware

Case 1:07-cr-00028-JJF Document 65 Filed 08/31/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff, i
v. ; Criminal Action No. 07-28-JJF
LICURTIS G. WHITNEY and Z
JONATHAN EWELL, :
Defendants. E
O R D E R
WHEREAS, the Court held a scheduling conference in the
above-captioned action during which counsel for Mr. Ewell
indicated that she intended to present evidence at trial
regarding prior drug activity of Mr. Ewell’s co—defendant, Mr.
Whitney;
I WHEREAS, counsel for Mr. Ewell indicated that if the
evidence is admissible, she would not be filing a Motion For
Severance, but counsel for Mr. Whitney indicated that he would be
inclined to seek a severance in those circumstances;
WHEREAS, the Court instructed counsel for Mr. Ewell to file
a Motion In Limine To Admit Evidence At Trial in order to allow
Mr. Whitney to determine if he should seek a severance;
WHEREAS, counsel for Mr. Ewell has filed a letter (D.I. 64)
indicating that the filing of such a Motion In Limine would
compromise Mr. Ewell’s defense strategy, but offering to make an
ex part, in camera presentation of the evidence to the Court;

Case 1 :07-cr-00028-JJF Document 65 Filed 08/31/2008 Page 2 of 2
NOW THEREFORE, IT IS HEREBY ORDERED that counsel for Mr.
Ewell shall file an ex parte, in camera application to admit the
evidence it seeks to admit against Mr. Whitney no later than
Friday, September 12, 2008.
August ?j , 2008 F?%§A4/**
DATE ED TA S DISTRIC DGE