Sample Motion In Limine

Sample Motion In Limine
IN THE IOWA DISTRICT COURT FOR
COUNTY
________________________________________________________________
:
:
NO. FECR00
:
vs.
:
STATE’S
,
:
IN LIMINE
Defendant.
:
_________________________________________________________________
STATE OF IOWA
COMES NOW, the State of Iowa, by and through the undersigned, and moves the
Court for an Order in limine, directing the defense, whether through counsel or witnesses,
not to refer to, at any stage of the trial, the following:
1.
Any evidence regarding non-pertinent character traits of the victim. Such evidence,
either through specific instances of conduct, reputation or opinion, is inadmissible
pursuant to Iowa Rules of Evidence 5.404(a) and 5.405 (a) and (b) and is not
relevant to the issues in this case.
2.
Such evidence includes but is not limited to: 1) evidence of victim’s prior mental
heath history and treatment history; including a one-week inpatient stay at
Mental Hospital in November of 2001; 2) evidence of any assaultive
behavior of the victim absence a claim of self defense including a specific instance
of conduct where she allegedly swung her purse at the Defendant last June. State v.
Miller, 359 N.W.2d 508, 510 (Iowa App. 1984); State v. Jacoby, 260 N.W.2d 828,
837 (Iowa 1977).)
3.
For the purpose of attacking the credibility of the victim, any evidence of a criminal
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conviction not involving dishonesty or false statements, unless the crime is
punishable in excess of one year. Including but not limited to a twenty year-old drug
conviction and any evidence regarding her incarceration thereon. This evidence is
inadmissible pursuant to Iowa R. Evid. 5.609(b).
4.
For the purpose of attacking the credibility of the victim, any extrinsic evidence of
untruthful character presented through specific instances of conduct including an
allegation that the victim stole $50 from the Defendant or the Defendant’s sister in
spring of 2001. Such evidence is inadmissible pursuant to Iowa R. Evid. 5.608(b).
WHEREFORE, the State requests that the Court enter an Order directing the
defense, whether through counsel or witnesses, not to refer to the above matters at any
stage of the trial.
Respectfully Submitted,
________________________________
Copy to:
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