United States v. Barletta

OPINION

TAURO, District Judge.

At issue is whether a district judge may, for good cause, defer until trial a ruling on *740a pretrial motion to admit evidence brought by the government in a/criminal case. The particular pretrial motion involved here is one to admit in evidence, at the retrial1 of this multi-count indictment, certain tape recordings of a telephone conversation between the defendant and a government informer.

The position of the government is that this court has no discretion to defer its decision on that motion until trial. This court disagrees. Because the issue has potentially…