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United States v. Manlove

United States District Court, D. Montana, Missoula Division

January 9, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
GEORGE LESLIE MANLOVE, Defendant.

          ORDER

          Dana L. Christensen, Chief Judge.

         Before the Court are Defendant George Leslie Manlove's ("Manlove") motions in limine 1A-1J(Docs. 110, 112, 113, 114, 116, 118, 120, 122, 124, 126), motion in limine 2 (Doc. 128), motion in limine 3 (Doc. 130), and motion in limine 4 (Doc. 132). The Government opposes all motions with the exception of Manlove's motions in limine IB and 1C. At the outset, the Court's overriding goal in this case is to facilitate efficient presentation of the relevant evidence, and, to the extent possible, preclude irrelevant and extraneous matters at the time of trial. With this goal in mind and for the reasons briefly explained below, the Court grants motions in limine 1A, IB, 1C, 1G, II, 1 J, and 3, grants in part motion in limine 4, and denies motions in limine ID, IE, IF, 1H, and 2.

         Procedural and Factual Background

         Defendant George Leslie Manlove ("Manlove") is the former CEO of Vann's, Inc., a Montana corporation that owned and operated retail electronics and appliance stores throughout the state before declaring bankruptcy in 2012. On December 21, 2015, Manlove was indicted on 221 felony criminal counts. The Government alleges that Manlove, along with CFO Paul Nisbet, conspired to defraud their former employer.

         On December 2, 2016, Manlove filed 13 motions in limine including:

• Motion in Limine 1A - Facts Not in the Record (Doc. 110)
• Unopposed Motion in Limine IB - Burden of Proof (Doc. 112)
• Unopposed Motion in Limine 1C - Failure to Testify (Doc. 113)
• Motion in Limine ID - Expert Testimony not Timely Disclosed (Doc. 114)
• Motion in Limine IE - Statements of George Leslie Manlove (Doc. 116)
• Motion in Limine IF - Evidence not Produced Prior to December 2, 2016 (Doc. 118)
• Motion in Limine 1G - George Leslie Manlove's Criminal Record (Doc. 120)
• Motion in Limine 1H - Preclude or Strike Testimony of Witness for Whom Jencks Material has not been Provided (Doc. 122)
• Motion in Limine II - Public Sentiment (Doc. 124)
• Motion in Limine 1J - Uncharged Conduct: Order the Prosecution to Provide Notice of an Intent to Introduce 404(b) Evidence (Doc. 126)
• Motion in Limine 2 - Facts not Found by the Grand Jury (Doc. 128)
• Motion in Limine 3 - Statements of Co-Defendant After the Alleged ...

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