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U.S. v. JIM, CR 10-2653 JB. (2012)

Court: District Court, D. New Mexico Number: infdco20120111579 Visitors: 2
Filed: Jan. 07, 2012
Latest Update: Jan. 07, 2012
Summary: MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the United States' Motion in Limine to Introduce Excited Utterance of Sexual Assault Victim, filed December 20, 2011 (Doc. 70)("Motion on Excited Utterance"). The Court held a hearing on December 30, 2011. The primary issue is whether the Court should allow Plaintiff United States of America to introduce Jane Doe's statement to her friend under rule 803(2) of the Federal Rules of Evidence. D
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MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the United States' Motion in Limine to Introduce Excited Utterance of Sexual Assault Victim, filed December 20, 2011 (Doc. 70)("Motion on Excited Utterance"). The Court held a hearing on December 30, 2011. The primary issue is whether the Court should allow Plaintiff United States of America to introduce Jane Doe's statement to her friend under rule 803(2) of the Federal Rules of Evidence. Defendant Derrick Ivan Jim filed no response to this motion. At the hearing, Jim agreed that the he did not object to the United States' introduction of Jane Doe's statement through witnesses Katrina Morgan, Carla Kayonnie, Jonah Mason, or Jane Doe, as long as they were available for cross-examination, but he did not want the statement to come in through Criminal Investigator Jefferson Joe. See Transcript of Hearing at 28:3-17 (December 30, 2011)(Court, Chacon, Baker)("Tr.").1 The United States represented that it did not intend to introduce Jane Doe's statement through Joe. See Tr. at 28:7-11 (Court, Baker). Accordingly, the Court will grant the Motion on Excited Utterance.

IT IS ORDERED that the United States' Motion in Limine to Introduce Excited Utterance of Sexual Assault Victim, filed December 20, 2011 (Doc. 70), is granted. The Court will permit Plaintiff United States of America to introduce Jane Doe's statement, that Defendant Derrick Ivan Jim raped her, through witnesses Katrina Morgan, Carla Kayonnie, Jonah Mason, or Jane Doe, as long as they are available for cross-examination. The Court will not allow the United States to introduce these statements through Criminal Investigator Jefferson Joe.

FootNotes


1. The Court's citations to the transcript of the hearing refer to the court reporter's original, unedited version. Any final transcript may contain slightly different page and/or line numbers.
Source:  Leagle

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