Free Motion in Limine - District Court of Delaware - Delaware

Case 1:07-cr-00103-JJF

Document 49

Filed 07/10/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. STANLEY LUM, Defendant.

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Criminal Action No. 07-103-JJF

DEFENDANT'S MOTION IN LIMINE TO EXCLUDE ANY EVIDENCE OF PRIOR CONVICTION PURSUANT TO FEDERAL RULE OF EVIDENCE 609 Defendant, Stanley Lum, by and through his undersigned counsel, Edson A. Bostic, Federal Public Defender for the District of Delaware, files this Motion pursuant to Federal Rule of Evidence 609 to preclude the admission of any evidence relating to his prior criminal history to impeach him if he chooses to testify. As grounds, it is stated: 1. On July 24, 2007, the Grand Jury for the District of Delaware returned a three-count

Indictment with Notice of Forfeiture against Mr. Lum, charging him with: (1) knowingly possessing with the intent to distribute more than five grams of a mixture and substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B); (2) knowingly carrying a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A); and (3) knowingly possessing a firearm in and affecting interstate commerce, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). 3. It appears that Mr. Lum has a prior felony conviction which the government will likely

attempt to use to impeach the defendant should he testify at trial. To wit,

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Case 1:07-cr-00103-JJF

Document 49

Filed 07/10/2008

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a.. Attempted Robbery, a class E felony, February 9, 2004 4. Fed.R.Evid. 609(a)(2) allows the introduction of previous convictions only if the

previous convictions are crimen falsi. 5. Pursuant to Fed.R.Evid. 609(a)(2), the defendant's prior conviction should not be

admissible for impeachment or any other purpose. 6. Fed.R.Evid. 609(a)(1) forbids an attack upon the credibility of the accused by the

introduction of evidence that he committed a crime punishable by death or imprisonment in excess of one year unless the probative value of admitting the evidence outweighs its prejudicial effect to the accused. 7. Pursuant to Fed.R.Evid. 609(a)(1), the defendants prior conviction should not be

admitted at trial for any purpose because the potential harm to the defendant far outweighs any remote probative value of this evidence. 8. The prior conviction here is of a type of which mere knowledge of its existence would

prejudice the jury against the defendant. 9. Therefore, the defendants prior conviction must be excluded.

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Case 1:07-cr-00103-JJF

Document 49

Filed 07/10/2008

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WHEREFORE, for the reasons set forth in this Motion in Limine and in the accompanying Memorandum of Law, the Defendant, Stanley Lum, respectfully requests this Honorable Court grant this Motion and prohibit the admission of his prior criminal history to impeach him if he chooses to testify at trial. Respectfully submitted,

/s/ Edson A. Bostic EDSON A. BOSTIC Federal Public Defender Attorney for Stanley Lum Federal Public Defender's Office District of Delaware 704 King Street, Suite 110 Wilmington, DE 19801 (302) 573-6010 [email protected] Dated: July 10, 2008

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Case 1:07-cr-00103-JJF

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Filed 07/10/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. STANLEY LUM, Defendant.

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Criminal Action No. 07-103-JJF

ORDER AND NOW, this day of , 2008, upon

consideration of the Defendant's Motion in Limine to Exclude Any Evidence of Prior Convictions Pursuant to Federal Rule of Evidence 609, it is hereby ORDERED and DECREED that the Motion is GRANTED and that the government is prohibited from introducing at trial any evidence of Defendant's prior arrests and/or convictions.

BY THE COURT:

THE HONORABLE JOSEPH J. FARNAN, JR. United States District Court Judge

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