DEFENDANT, by and through the undersigned counsel and pursuant to sections 90.402, 90.403, and 90.404, Florida Statutes, requests this Honorable Court to exclude certain evidence at hearing and trial of this case.
Evidence to be Excluded
- Any and all evidence regarding the commission of any alleged criminal conduct, prosecuted or otherwise, by the Defendant not charged in the above-captioned case.
- Any and all evidence regarding any arrests of Defendant on or before the alleged incident on July 3, 2011.
- Any and all evidence regarding any warrants issued for the Defendant before the alleged incident on July 3, 2011.
- Any and all references to Denmecia Ricks as a “victim.”
- Any and all evidence relating to any alleged drug use or alcohol abuse by Defendant prior to July 3, 2011.
- Any and all statements made by Quay S. Osbourne or Desia S. Osbourne during the 911 telephone calls on July 3, 2011.
- Any and all statements made by 911 dispatchers describing the alleged incident on July 3, 2011.
- Any and all references to the status of the Defendant’s attorneys as public defenders.
- Exclusion of the evidence is required due to lack of relevance. §90.402, Fla. Stat. (2010).
- Exclusion of any or all of the evidence described above is required as the value of such evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, and would serve only to inflame the jury. §90.403, Fla. Stat. (2010).
- Exclusion of any or all of the evidence described above is required as improper character evidence introduced to show propensity. See § 90.404(2), Fla Stat. (2010); Carter v. State, 687, So. 2d 327 (Fla. 1st DCA 1997).
- Exclusion of any or all of the above-referenced statements is required as the statements are inadmissible hearsay not covered by any hearsay exception. See §90.803(1), Fla. Stat. (2010); §90.803(2), Fla. Stat. (2010); Evans v. State, 838 So. 2d 1090, 1093 (Fla. 2002); Preston v. State, 470 So. 2d 836, 837 (Fla. 2d DCA 1985).
- Exclusion of any references to Denmecia Ricks as a “victim” is required as the term “victim” assumes the truth of controverted facts and unduly prejudices Defendant by inflaming the jury and depriving the jury of its fact-finding function.
Grounds for Exclusion
WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order excluding any and all evidence, testimony or references to the above-described information at the trial of this case.