JUS-441 T5 Motion in Limine . What would happen if the Motion in Limine were denied? - When this specific kind of document is filed, the document is normally filed right before the defendant PDF

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JUS-441 T5 Motion in Limine What would happen if the Motion in Limine were denied? - When this specific kind of document is filed, the document is normally filed right before the defendant...

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JUS-441 Topic 5 Motion in Limine Simulation NOTE: This assignment consists of two parts. Follow the instructions for each part. Part I: Motion in Limine Documentation Instructions: 1. Review the "Memorandum to Smith" document. 2. Based upon the information found in the “Memorandum to Smith,” complete the Motion in Limine below. Be sure to complete the information in every [bracket]. 3. Be sure to include a legal rationale for grounds for exclusion of the evidence.

Motion in Limine John Jameson, Esq Law Offices of John Jameson, Esq 333 West 3rd Street Bar License: 23542 [email protected] 602-639-6542 Defendant for Mrs. Danielle Smith Danielle Smith In the Superior Court of the State of Arizona In and for the County of Maricopa Craig Lawson, Esq, State of Arizona

NO. #4564-23

Prosecutor,

v.

Danielle Smith, Defendant.

MOTION IN LIMINE

Assigned to the Honorable Judge Mindleson © 2021. Grand Canyon University. All Rights Reserved.

[OPTIONAL: Oral Argument Requested]

Pursuant to Ariz. R. Civ. P. 7.2(b) (2017), Danielle Smith herein, by and through undersigned counsel, respectfully requests the Court enter an Order precluding the introduction of documentary evidence or testimony concerning Nude photographs of defendants children Johnathan and Mindy at the trial of this matter on the grounds and for the reason that The nude photographs are in violation of the Arizona rules of civil procedure under the grounds that is unduly prejudicial and are not probative to of the main issues in the case and believe that the pictures were taken as pictures that parents take while their children are taking a bath. ( comp. 1.5) This Motion is supported by the Memorandum of Points and Authorities attached hereto and incorporated herein by this reference. RESPECTFULLY SUBMITTED this 14th, November 2021 _____________ John Jameson, Esq Law Offices of John Jameson, Esq 333 West 3rd Street Attorney for Danielle Smith Defendant Original efiled with court on this 14th November, 2021 with Clerk of Court. A copy has been or will be mailed mailed hand-delivered on 14th November 2021 to: Craig Lawson, Esq Prosecutor

Part II: Motion in Limine Analysis

Answer the following questions in a 150-200-word response for each. Be sure to cite at least three scholarly sources in support of your responses. -

1. What would happen if the Motion in Limine were denied? When this specific kind of document is filed, the document is normally filed right before the defendant’s trial date. The purpose of this specific motion is to stop interjection of a matter that can be looked at as irrelevant or inadmissible. (Scheb, 2020) A Motion of Limine can be rejected if the pictures of children are appalling and grewsome. Courts will have the option to approve the decision to grant the motion of limine so they can take out certain evidence that way it can be admissible at trial. The attorney that is leading this specific case should file the motion of limine immediately that way the opposing counsel can not bring forth exabits or testimonies without having such evidence in the case.

2. Why was this case filed in the jurisdiction that it was, as opposed to a different jurisdiction such as City court or Federal court? (comp. 2.3) - First off, this case is a very sensitive case because the case deals with a serious sexual accusation which is molestation. In my opinion this peculiar case was filed in the jurisdiction it was filed at because state courts have power over citizens within the state. For example, if a woman committed a serious crime in Georgia, then Georgia state courts would have jurisdiction over the case. However, if this case didn’t take place within the Maricopa County, I believe the jurisdiction and place would be different as well as the proceedings. In Addition, The United State Constitution states any trial must be held in the same state where the crime took place. (Cornell Law School) If the crime wasn’t committed, then the trial must take place where congress will provide a place to have the trial and have a specific court appointed. (Westlaw, 2017)

3. When may a motion be amended? Is this a matter of procedural right or procedural discretion? Explain. - According to a source, once a motion has been filed, seconded, and declared by the chair it is allowed to be amended during the deliberation. Furthermore, a member does have to recommended to amend a motion that way the motion can be strengthened and or it can have a higher possibility to pass. (Cornell Law School, 2020) When it comes to a motion in a case they are amended in every state for a lot of different reasons as well as they are amended every year or even every other year. Next when it comes to a motion changing it is a procedural right. Motions that are amended are able to allow adjustments to the terms of the final decision, If the chair demands a second proposal it has to be a written proposal. When it comes to rules and precedents, they are normally used in deliberative assembly that consist of motion modifications. In addition to why certain motions are amended in result to findings of motions that are alleged inadequate in law and specific jurisdiction etc. (Nolo, 2020)

References Cornell Law School. (2020, May 9). Cornell Law Schoolw web page. Retrieved from Cornell Law School web Nolo. (2020, May 9). Nolo web page. Retrieved from Nolo web site: https://www.nolo.com/legal-encyclopedia/subject-matter-jurisdiction-state-federal- 29884-2.html

Scheb, M. J. (2020). Pretrial Motions. In M. J. Scheb, Criminal Procedure (pp. 171-174). Stamford: Cengage Learning. Westlaw, 16 A. R. S. Rules Civ. Proc., Rule 7.2 (Superior Court of Arizona January 1, 2017). WestLaw. (2020, May 10). WestLaw web page. Retrieved from WestLaw web site: https://govt.westlaw.com/azrules/Document/N68D4A9F086E111E690E48A9987F5DD4 9? transitionType=Default&contextData=%28sc.Default%29&bhcp=1...