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United States v. Hamilton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


September 29, 2008

UNITED STATES OF AMERICA
v.
JOHN J. HAMILTON, JR. DEFENDANT.

The opinion of the court was delivered by: Linares, District Judge

ORDER

Presently before the Court is the United States of America's ("Government") (1) motion in limine regarding admission of 404(b) material [docket No. 109] and (2) motion to preclude reference to Defendant's offer to take a polygraph [docket no. 90] as well as Defendant John J. Hamilton Jr.'s ("Defendant" or "Hamilton") (a) motion to preclude admission of Government Exhibit 79; (b) third motion in limine seeking to limit the testimony of Government witness Robert Steffer ("Steffer"). Having reviewed the written submissions of the parties and having heard oral argument,

IT IS on this 29th day of September, 2008,

ORDERED that the Government's motion to admit 404(b) evidence regarding Defendant's acceptance of catering services by Vinny Baker ("Baker") that were underwritten by Steffer [docket no. 109] is hereby DENIED; and it is further

ORDERED that, for the reasons set forth in the Court's opinion dated September 29, 2008, the Government's motion to preclude Defendant from referring to Defendant's offer to take a polygraph [docket no. 90] is hereby GRANTED IN PART AND DENIED IN PART; and it is further

ORDERED that Defendant's motion to preclude admission of Government Exhibit 79, which is Tape 445 and comprises the April 24, 2001 conversation between Steffer and Baker, is hereby DENIED; and it is further

ORDERED that Defendant's third motion in limine to preclude Government witness Robert Steffer from offering lay opinion testimony as against Federal Rule of Evidence 701 [docket no. 98] is hereby GRANTED as to certain portions of Steffer's anticipated testimony.

IT IS SO ORDERED.

Jose L. Linares United States District Judge

20080929

© 1992-2008 VersusLaw Inc.



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