Filed: Sep. 01, 2011
Latest Update: Sep. 01, 2011
Summary: MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Motion in Limine to Exclude Testimony Regarding Intent, filed August 28, 2011 (Doc. 153). The Court held a hearing on August 31, 2011. The primary issue is whether the Court should issue an order preventing the prosecution and any of its medical witnesses from mentioning, in opening statement, closing argument, during testimony, or by documents, an expert medical opinion that Ganadonegro
Summary: MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on the Motion in Limine to Exclude Testimony Regarding Intent, filed August 28, 2011 (Doc. 153). The Court held a hearing on August 31, 2011. The primary issue is whether the Court should issue an order preventing the prosecution and any of its medical witnesses from mentioning, in opening statement, closing argument, during testimony, or by documents, an expert medical opinion that Ganadonegro ..
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MEMORANDUM OPINION AND ORDER
JAMES O. BROWNING, District Judge.
THIS MATTER comes before the Court on the Motion in Limine to Exclude Testimony Regarding Intent, filed August 28, 2011 (Doc. 153). The Court held a hearing on August 31, 2011. The primary issue is whether the Court should issue an order preventing the prosecution and any of its medical witnesses from mentioning, in opening statement, closing argument, during testimony, or by documents, an expert medical opinion that Ganadonegro necessarily had the intent to kill or seriously injure because of the nature of the injuries that the deceased child suffered. At the hearing, Plaintiff United States of America represented that it did not have any objection to the Court entering such an order. For these reasons, and the reasons stated on the record at the hearing, the Court will grant Defendant Kalvest Ganadonegro's motion and will bar the United States and its medical witnesses from mentioning, in opening statement, closing argument, during testimony, or by documents, an expert medical opinion that Ganadonegro necessarily had the intent to kill or seriously injure because of the nature of the injuries that the deceased child suffered.
IT IS ORDERED that Defendant Kalvest Ganadonegro's Motion in Limine to Exclude Testimony Regarding Intent, filed August 28, 2011 (Doc. 153) is granted. The United States and its medical witnesses cannot mention, in opening statement, closing argument, during testimony, or by documents, an expert medical opinion that Ganadonegro necessarily had the intent to kill or seriously injure because of the nature of the injuries that the deceased child suffered.