Motions In Limine Filed and Approved at Pre-Trial by Judge Hill for Brewington Trial

STATE OF INDIANA IN THE DEARBORN CIRCUIT COURT
Filed SEP -6 -2011 CLERK OF DEARBORN CIRCUIT COURT
CAUSE NO. 151002-1103-FD-084
COUNTY OF DEARBORN
STATE OF INDIANA
VS.
DANIEL BREWINGTON

MOTION IN LIMINE
Comes now the Defendant herein, Daniel Brewington, by Counsel, Bryan E.
Barrett, and moves the Court for an Order in Limine instructing the State of Indiana and
the State's Witnesses to refrain from making any reference whatsoever, directly or
indirectly, during voir dire, opening statement, closing statement, questioning of
witnesses, objections, argument, or at any other time during the trial in any manner
without first obtaining permission of the Court, outside the presence and hearing of the
jury concerning the following:
Any prior misconduct, charged or uncharged, any criminal convictions, or other prior bad acts of Daniel Brewington.

Wherefore, The Defendant, by Counsel respectfully requests the Court grant this Motion In Limine and prays for all other relief just and proper in the premises.
Bryan Barrett
Attorney for Defendant
Indiana Attorney #4325-73

CERTIFICATE OF SERVICE
I certify that A TRUE COPY OF THIS PLEADING HAS BEEN SERVED ON THE Rush County Prosecutor on this 2nd day of September, 2011

Bryan E Barrett



STATE OF INDIANA ) IN THE DEARBORN SUPERIOR COURT II
)
COUNTY OF DEARBORN)
)
STATE OF INDIANA )
)
v. )
)
DANIEL BREWINGTON ) CAUSE NO. 15D02-1103-FD-084
MOTION IN LIMINE
Comes now the State of Indiana by F. Aaron Negangard, Prosecuting Attorney
for the Seventh Judicial Circuit, and moves in limine that Defendant, counsel, and
witnesses, be prohibited during voir dire or trial, from mentioning, referring to,
questioning about, or otherwise conveying or attempting to convey to the jury, directly or
indirectly, the following:

1. Any reference the civil action pending in the United States District Court for
the Southern District of Indiana under Civil Action No. 1:11-CV-1144SEB-DML.

2. Any medical treatment or medication the Defendant has received while in the
custody of the Dearborn County Law Enforcement Center.

3. Any reference to criminal history or backgrounds of any of State's witnesses
except as permitted under Indiana Rules of Evidence, particularly during voir dire or any
other part of the trial, unless and until such witness has testified. Indiana Rule of
Evidence 608 and 609.

4. Opinions concerning intent, guilt or innocence of the Defendant, the truth or
falsity of the allegations, whether another witness has testified truthfully, or legal
conclusions. See Indiana Rule of Evidence 704(b). Specifically, the State requests the Court to Order Defendant to refrain from asking witnesses whether they believe
Defendant committed the charged offense (or any other similar question).

5. Any alleged witness statements or other evidence not disclosed to the State in
advance of trial, pursuant to this Court's Discovery Order. Hicks v. State, 544 N.E.2d
500 (Ind. 1989).

6. Any affirmative defense that has not been raised or disclosed to the State in
advance of trial, pursuant to statutory or trial rule requirements.

7. Any discussion concerning the penalties Defendant may face if convicted.
"Inasmuch as the jury in a felony case has no sentencing function it should not be
informed as to the range of sentences possible." Wisehart v. State, 484 N.E.2d 949
(Ind. 1985). "These instructions do not contain information concerning a possible
sentence. The Court alone is responsible for sentencing if there is a conviction."
INDIANA PATTERN JURY INSTRUCTION —CRIMINAL — INSTRUCTION NUMBER
13.25.

WHEREFORE, the State of Indiana moves the Court for an order in limine
as to evidence, statements and commentary outlined above.

Respectfully submitted,

F. Aaron Negangard
Prosecuting Attorney
Dearborn County Courthouse
215 West High Street
Lawrenceburg, IN 47025
(812) 537-8884
ISB # 18809-53

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion was served on, Counsel for
Defendant, Bryan Barrett personally or by U.S. mail, postage prepaid, this 19th
day of September, 2011.