Court filing
MOTION by United States of America in Limine as to Kisha Sutton,… — United States of America v. Sutton et al (Dkt. 271)
Record facts
| Court | U.S. District Court for the Southern District of West Virginia |
|---|---|
| Filed | 2025-06-23 |
U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 271 · 2025-06-23 · Docket on CourtListener
Summary
The Government's Motion in Limine to Exclude Undisclosed Defense Evidence, filed June 23, 2025 as Doc. 271 in United States v. Kisha Sutton and Shamiese Wright, Criminal No. 2:24-cr-00192, in the U.S. District Court for the Southern District of West Virginia. It is filed by Assistant United States Attorney Jonathan T. Storage for Acting United States Attorney Lisa G. Johnston. The motion cites Local Rule of Criminal Procedure 16.1(d), which requires defendants to provide reciprocal discovery within 14 days, and states that neither defendant has provided any reciprocal discovery. Under Rule 16(d)(2)(C) of the Federal Rules of Criminal Procedure, it asks the court to bar the defendants from introducing documentary or physical evidence not yet disclosed to the government. The three-page filing ends with a certificate of service on defense counsel.
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Full text
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON UNITED STATES OF AMERICA v. CRIMINAL NO. 2:24-CR-00192 KISHA SUTTON – 1 SHAMIESE WRIGHT - 2 GOVERNMENT’S MOTION IN LIMINE TO EXCLUDE UNDISCLOSED DEFENSE EVIDENCE Comes now the United States of America, by Jonathan T. Storage, Assistant United States Attorney for the Southern District of West Virginia, and files this motion in limine to exclude undisclosed defense evidence. 1. Pursuant to Rule 16.1(d) of the Local Rules of Criminal Procedure, the “Defendant[s] must provide all reciprocal discovery due the government within 14 days of receiving the materials and the filing and serving of responses in paragraph (c).” L. R. Crim. P. 16.1(d). 2. As of this writing, neither defendant Kisha Sutton nor defendant Shamiese Wright have provided any reciprocal discovery to the government. 3. The government expects not to be faced with surprise documentary or physical evidence at trial, which applicable court rules aim to prevent. Case 2:24-cr-00192 Document 271 Filed 06/23/25 Page 1 of 3 PageID #: 1348 2 For the foregoing reasons, the government requests, pursuant to Rule 16(d)(2)(C) of the Federal Rules of Criminal Procedure, that the Court enter an order prohibiting the defendants from introducing any documentary or physical evidence that has not yet been disclosed to the government. Respectfully submitted, LISA G. JOHNSTON Acting United States Attorney By: s/Jonathan T. Storage JONATHAN T. STORAGE Assistant United States Attorney WV State Bar No. 12279 300 Virginia Street, East Room 4000 Charleston, WV 25301 Telephone: 304-345-2200 Fax: 304-347-5104 E-mail: Jonathan.Storage@usdoj.gov Case 2:24-cr-00192 Document 271 Filed 06/23/25 Page 2 of 3 PageID #: 1349 3 CERTIFICATE OF SERVICE It is hereby certified that the foregoing “GOVERNMENT’S MOTION IN LIMINE TO EXCLUDE UNDISCLOSED DEFENSE EVIDENCE” has been electronically filed and service has been made on opposing counsel by virtue of electronic mail this the 23rd day of June, 2025, to: Connor D. Robertson, Esq. 2702 Main Street Hurricane, WV 25526 Email: cdr@croblaw.com Michelle R. Fox, Esq. LAW OFFICES OF MICHELLE ROMAN FOX 3359 Teays Valley Road Hurricane, WV 25526 Email: michellefox@smithlawpllc.net s/Jonathan T. Storage JONATHAN T. STORAGE Assistant United States Attorney WV State Bar No. 12279 300 Virginia Street, East Room 4000 Charleston, WV 25301 Telephone: 304-345-2200 Fax: 304-347-5104 E-mail: Jonathan.Storage@usdoj.gov Case 2:24-cr-00192 Document 271 Filed 06/23/25 Page 3 of 3 PageID #: 1350
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- gov.uscourts.wvsd.240497.271.0.pdf
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