IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

UNITED STATES OF AMERICA, Plaintiff, v. Docket No: 3:10CR-73 Varlan/Guyton

DARREN WESLEY HUFF, Defendant.

MOTION IN LIMINE #5 Comes the accused, Darren Wesley Huff, by and through his undersigned counsel, who respectfully moves this Honorable Court to enter an Order, in limine, wherein the United States is precluded from eliciting the following facts/allegations within the presence of the jury: (i) That Mr. Huff was convicted of any crime in Monroe County Circuit Court related to events which transpired on April 1, 2010;

(ii) That Mr. Huff allegedly possessed an anti-aircraft gun (either personally, or as Quartermaster for the Georgia Militia). (iii) That Mr. Huff equipped a Ford F-250 truck he owns with the capacity to mount an anti-aircraft gun. In support of the foregoing, Mr. Huff would show as follows: 1. He stands accused of violating the provisions of 18 U.S.C. 231, and 18 U.S.C 924(c) for events which are alleged to have occurred on April 20, 2010 within the Eastern District of Tennessee.

Case 3:10-cr-00073 Document 123

Filed 09/30/11 Page 1 of 4 PageID #: 886

2.

Without conceding the admissibility of the entirety of events which transpired at the Monroe County Courthouse on April 1, 2010, Mr. Huff acknowledges that in order for the jury to be able to understand the events of April 20, 2010, it must be informed about certain facts which transpired on April 1st, 2010. On April 1st, 2010 Walter Fitzpatrick was arrested by the Monroe County Sheriffs Department after Mr. Fitzpatrick attempted to effect a citizens arrest of Gary Petway, the Monroe County Grand Jury Foreman. Mr. Huff was present and operated a video camera which recorded Mr. Fitzpatricks attempt to effect a citizens arrest, as well as the arrest of Mr. Fitzpatrick by local law enforcement.

3.

Mr. Huff pled no-contest to a single misdemeanor count of an indictment in Monroe County Circuit Court resulting from his purported role in videotaping the events of April 1, 2010. Because the plea was nolo-contendre, there exists no judicial admission by Mr. Huff. Accordingly, there exists no valid basis to introduce the fact that Mr. Huff was convicted of any crime. Should the parties chose to introduce evidence related to the events of April 1, 2010, there exist multiple means of establishing such facts without resort to the misdemeanor conviction which bears no relevance to this trial.

4.

Whether or not Mr. Huff possessed an anti-aircraft gun, or whether or not his Ford truck was adapted so that such a weapon could be mounted, is not germane to the issue(s) before the trier of fact in this case. There exists no suggestion that Mr. Huff possessed such a weapon when he traveled to the Eastern District of Tennessee on April 20, 2010. Nor would evidence of

Case 3:10-cr-00073 Document 123

Filed 09/30/11 Page 2 of 4 PageID #: 887

whether or not Mr. Huff possessed such a weapon at his residence in Georgia be relevant to whether or not his intent while within the Eastern District of Tennessee on April 20th was, or was not, lawful. WHEREFORE, based upon the foregoing, Darren Wesley Huff respectfully moves this Honorable Court to enter an Order, in limine, which grants the relief sought in the premises of this motion. Submitted this 30th day of September, 2011. s/G. Scott Green G. SCOTT GREEN, BPR #012872 800 S. Gay Street, Suite 1650 Knoxville, TN 37929 (865) 637-0134

Case 3:10-cr-00073 Document 123

Filed 09/30/11 Page 3 of 4 PageID #: 888

CERTIFICATE OF SERVICE The undersigned hereby certifies on this date a copy of the foregoing document was filed electronically. Notice of this filing will be sent by operation of the Courts electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this filing through the Courts electronic filing system. This the 30th day of September, 2011. s/G. Scott Green G. SCOTT GREEN

Case 3:10-cr-00073 Document 123

Filed 09/30/11 Page 4 of 4 PageID #: 889