U.S. v. Guardia case brief
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
955 F. Supp. 115 (D.N.M. 1997)
CASE SYNOPSIS: Defendant physician
filed a motion in limine to prohibit the prosecution from calling
four witnesses to corroborate the testimony of the victim in a sexual
penetration and simple battery case.
FACTS: The physician was charged with sexual penetration and simple battery upon two of his patients. During discovery, the prosecution uncovered four additional witnesses who also claimed that the physician had touched them inappropriately, though in different ways. In some of these instances, there were chaperones present. Prior to trial, the physician filed a motion in limine to prohibit the testimony of the other four corroborating witnesses, pursuant to Fed. R. Evid. 403, 413, 404(b). Alternatively, if the court were to allow the testimony, the physician sought the identity of the chaperones and the complete medical records of the other witnesses.
FACTS: The physician was charged with sexual penetration and simple battery upon two of his patients. During discovery, the prosecution uncovered four additional witnesses who also claimed that the physician had touched them inappropriately, though in different ways. In some of these instances, there were chaperones present. Prior to trial, the physician filed a motion in limine to prohibit the testimony of the other four corroborating witnesses, pursuant to Fed. R. Evid. 403, 413, 404(b). Alternatively, if the court were to allow the testimony, the physician sought the identity of the chaperones and the complete medical records of the other witnesses.
ANALYSIS:
The court found nothing within the
legislative intent of Fed. R. Evid. 413 that allowed for the
substantial lengthening of trials, such as the allowance of the other
four witnesses' testimony would. Thus, the court granted the
physician's motion in limine to prohibit the testimony of the other
four witnesses for the prosecution.
CONCLUSION: The court granted the physician's motion in limine to prohibit the prosecution from calling corroborating witnesses in a sexual penetration and simple battery trial.
CONCLUSION: The court granted the physician's motion in limine to prohibit the prosecution from calling corroborating witnesses in a sexual penetration and simple battery trial.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
No comments:
Post a Comment