Commonwealth of Kentucky s70

COMMONWEALTH OF KENTUCKY

FULTON CIRCUIT COURT

02-CR-00167

COMMONWEALTH PLAINTIFF

LAURA BETH XXXXXXXXX DEFENDANT

MOTION IN LIMINE

Comes now the defendant, in alternative to and without waiving the defendant’s motion to dismiss, and moves this Honorable Court to (a) instruct the Commonwealth’s Attorney, his staff, or any of the Commonwealth’s witnesses in this cause, not to allude to, refer to, or in any way bring before the jury, whether as a panel or jury selected to try this cause, any of the matters stated in the numbered paragraphs below, and avers that to allow such testimony would be prejudicial to the rights of the defendant in this cause and a violation of the Constitution and laws of the United States of America and a violation of the Constitution and the laws of the Commonwealth of Kentucky and (b) to instruct the Commonwealth’s Attorney not to refer to, or allude to such matters without first approaching the bench and making known to the Court and attorney for the defendant, outside the presence of the jury, that he intends to offer such proof, thus permitting the jury to be retired and the evidence and objections heard, and the Court to rule on the admissibility of such evidence before it is placed before the jury, thus preventing prejudicial error no subsequent instruction could cure, and (c) to rule upon these matters prior to trial. The defendant requests this instruction and ruling concerning the following matters:

1. That Defendant and/or her co-defendant, Jeff Hutson, had a juvenile dependency, neglect or abuse action pending in the district court pertaining to the conduct alleged in this matter.

2. That Defendant and/or her co-defendant, Jeff Hutson, made any statements regarding the allegations made in this case, or admitted to any facts at issue in this case, to any representatives or agents of the State, including, but not limited to, social workers, counselors, police officers, prosecutors, employees of the Cabinet for Families and Children, or any other person who acts on behalf of the State of Kentucky.

3. That Defendant and/or her co-defendant, Jeff Hutson, attended any counseling, therapy or other sessions in response to any of the allegations of abuse made in the district court below.

In support of the above being suppressed from the evidence in this case, Defendant asserts that she was never advised of her constitutional rights (her Miranda warnings), even though all state agents involved in this case (social workers, prosecutors, police officers) knew that she was being investigated and prosecuted criminally for these actions, and further knew that defendant was not represented by counsel in the Juvenile proceeding below, even though she had already applied for and had bee awarded a public defender in Circuit Court on these charges.

Respectfully submitted,

______

B. Scott West

Asst. Public Advocate

503 N. 16th St..

Murray, KY 42071

(270) 753-4633

Notice of Hearing

This motion will be brought at the regularly scheduled motion day on Thursday, March 13, at 9:00 a.m. or as soon thereafter as the Court will allow.

Certificate of Service

I hereby certify that a true and correct copy of the foregoing motion was served via U.S. Mail, postage pre-paid to the Hon. Tim Langford, Commonwealth Attorney, P.O. Box 167, Hickman, KY 42050, and to Hon. Benjamin J. Lookofsky on this 14th day of February, 2002.

______

B. Scott West

COMMONWEALTH OF KENTUCKY

FULTON CIRCUIT COURT

02-CR-00167

COMMONWEALTH PLAINTIFF

LAURA BETH XXXXXXXXX DEFENDANT

ORDER ON MOTION IN LIMINE

Came on to be considered the Defendant’s Motion In Limine, and the Court, having considered the motion and any response thereto, including argument of counsel, it hereby ORDERED, ADJUDGED AND DECREED:

Defendant’s motion to dismiss is hereby GRANTED, and the Commonwealth is hereby instructed not to allude, mention or refer to any of the items listed below, and are further ordered to approach the bench before asking any questions, the answer to which would necessarily or likely evoke a response from a witness which would allude to, mention, or refer to the items listed below:

1. That Defendant and/or her co-defendant, Jeff Hutson, had a juvenile dependency, neglect or abuse action pending in the district court pertaining to the conduct alleged in this matter.

3. That Defendant and/or her co-defendant, Jeff Hutson, attended any counseling, therapy or other sessions in response to any of the allegations of abuse made in the district court below.

The Commonwealth Attorney is further instructed to inform any witnesses to be called on behalf of the state of this ruling, and to advise them not to allude to, mention or refer to any of the items listed above.

Signed this _____ day of ______, 2003.

______

Hon. William L. Shadoan

CC:

Hon. Timothy Langord, P.O. Box 167, Hickman, KY 42050

Hon. B. Scott West, 503 N. 16th St., Murray, KY 42071