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A motion in limine is decided by the judge outside of the presence of the jury. The purpose of a motion in limine is to address potentially prejudicial, irrelevant, or inadmissible information that could unduly influence a jury or hinder the fair administration of justice.
Common examples of issues raised by motions in limine include: admissibility of 404(b) or other bad character evidence; admissibility of inflammatory photographs or exhibits; admissibility of hearsay under the N.C. Rules of Evidence, U.S. Constitution, Crawford v.
?'Denial of a motion in limine does not necessarily mean that all evidence contemplated by the motion will be admitted at trial. Denial merely means that without the context of trial, the court is unable to determine whether the evidence in question should be excluded.
In a motion in limine, a defendant asks the court to exclude highly prejudicial evidence (for example, the defendant's criminal history) or evidence that violates the rules of evidence.
There are many ways that a motion in limine could cause an off-ramp to the criminal procedure. One way is if the motion is granted and the evidence is excluded from trial. This could lead to the prosecution and defense negotiating a plea deal.
For example, if you are involved in a DUI accident and discover that there is a witness who is inflating the details of the case, then your attorney may create a motion in limine that requests that that witnesses' testimony be thrown out before the case proceeds.
Exclusion of evidence in a motion to suppress is based on a violation of either the United States or Ohio Constitutions. By contrast, exclusion of evidence in a motion in limine is based on a violation of the Rules of Evidence or a statute.
Your motion in limine should be broken into two sections: (1) Factual Background and (2) Argument. The ?Factual Background? section of your Memorandum should include all of the facts necessary for the judge to resolve every issue raised in your motion. appropriate, include procedural posture, as well.