U.S. v. Cardreon, 52 M.J. 213

Trial Stages: Appeals: Preservation of Error / Plain Error

1. A motion in limine is not always sufficient to preserve an issue for appellate review absent further objection. There is a three-pronged test for determining when a motion in limine is sufficient to preserve an issue: (1) was the matter adequately presented to the trial court; (2) is the issue of the type that can be finally decided in a pretrial hearing; and, (3) the trial court’s ruling must be definitive.
2. Motion in limine did not preserve issue of admissibility of prior statements where defense counsel conceded that the statements may be come admissible during the course of the trial and the military judge made no definitive ruling on admissibility.
3. Appellant did not meet his burden of showing plain or obvious error with respect to admissibility of prior statements where defense counsel’s failure to object precluded fully developing the record with respect to possible grounds for admissibility.