Cr MONA L. FURST, 13162 Assistant District Attorney Sedgwick County Courthouse 535 North Main Wichita, Kansas, 67203 (316) 268-7281

IN THE EIGHTEENTH JUDICIAL DISTRICT DISTRICT COURT, SEDGWICK COUNTY, KANSAS CRIMINAL DEPARTMENT

THE STATE OF KANSAS, Plaintiff, vs DEBORA A. MOORE, Defendant

Case No. 92CR162, Div. 9

MOTION IN LIMINE

COMES NOW, the State of Kansas by and through its attorney, Mona L. Furst, Assistant District Attorney, and moves the Court in Limine for an order prohibiting the Defendant or his counsel any time before the jury from mentioning or eliciting testimony concerning the following:

1. Contesting the constitutionality or legality of the tax on controlled substances (K.S.A.79-5201 et seq.); 2. The interaction of the tax stamps laws with the controlled substances laws; 3. Comparison of the tax stamp laws with alcohol or tobacco tax stamp laws.

If this evidence were made know to the jury it would be highly prejudicial to the State even though the court were to sustain an objection and obstruct the jury to disregard such evidence for any purpose.

WHEREFORE, it is respectfully requested that the Court issue an Order in Limine (a) restraining the defendant, defense witnesses and his counsel from offering any evidence, eliciting any testimony, or making any reference direct or indirect, before the jury, concerning the above-mentioned evidence or fact(s), without first obtaining permission of the Court outside the presence of the jury, (b) instructing the defendant, defense witnesses and his counsel not to make reference to the fact this motion has been filed and granted and (c) requiring the defendant and his counsel to caution each of its witnesses to follow these instructions and (d) holding counsel and the defendant responsible for any reference made or testimony offered in violation of said Order.

WHEREFORE, the State prays that this motion be granted.

Respectfully submitted,

MONA L. FURST, 13162 Assistant District Attorney

NOTICE OF HEARING Please be advised that the above Motion will be heard in Division No. 9 of the Eighteenth Judicial District Court on the 14th day of May, 1993, at 9:30 a.m.

CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Motion was mailed postage prepaid to Mr. Charles A. O’Hara, 1502 N. Broadway, Wichita, Kansas, on this 6th day of May, 1993.

MONA L. FURST, 13162 Assistant District Attorney