For Your Data U.S. V. Guardia Illustration Brief
November 14, 2020
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U.S. v. Guardia illustration brief
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955 F. Supp. 115 (D.N.M. 1997)
CASE SYNOPSIS: Defendant doctor filed a motion inward limine to prohibit the prosecution from calling iv witnesses to corroborate the testimony of the victim inward a sexual penetration too elementary battery case.
FACTS: The doctor was charged amongst sexual penetration too elementary battery upon 2 of his patients. During discovery, the prosecution uncovered iv additional witnesses who too claimed that the doctor had touched them inappropriately, though inward unlike ways. In about of these instances, at that topographic point were chaperones present. Prior to trial, the doctor filed a motion inward limine to prohibit the testimony of the other iv corroborating witnesses, pursuant to Fed. R. Evid. 403, 413, 404(b). Alternatively, if the courtroom were to let the testimony, the doctor sought the identity of the chaperones too the consummate medical records of the other witnesses.
FACTS: The doctor was charged amongst sexual penetration too elementary battery upon 2 of his patients. During discovery, the prosecution uncovered iv additional witnesses who too claimed that the doctor had touched them inappropriately, though inward unlike ways. In about of these instances, at that topographic point were chaperones present. Prior to trial, the doctor filed a motion inward limine to prohibit the testimony of the other iv corroborating witnesses, pursuant to Fed. R. Evid. 403, 413, 404(b). Alternatively, if the courtroom were to let the testimony, the doctor sought the identity of the chaperones too the consummate medical records of the other witnesses.
ANALYSIS:
The courtroom flora nil inside the legislative intent of Fed. R. Evid. 413 that allowed for the substantial lengthening of trials, such every bit the allowance of the other iv witnesses' testimony would. Thus, the courtroom granted the physician's motion inward limine to prohibit the testimony of the other iv witnesses for the prosecution.
CONCLUSION: The courtroom granted the physician's motion inward limine to prohibit the prosecution from calling corroborating witnesses inward a sexual penetration too elementary battery trial.
CONCLUSION: The courtroom granted the physician's motion inward limine to prohibit the prosecution from calling corroborating witnesses inward a sexual penetration too elementary battery trial.
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Interested inward learning how to acquire the transcend grades inward your police schoolhouse classes? Want to acquire how to report smarter than your competition? Interested inward transferring to a high ranked school?