Allen v. Morris

Filing 143

ORDER denying pltf's 140 Motion for New Trial. Signed by Judge Brian S. Miller on 12/20/10. (vjt)

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Allen v. Morris Doc. 143 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOHN H. ALLEN v. CASE NO.: 4:93-cv-00398 BSM DEFENDANT ORDER John Allen cites three reasons for moving for a new trial: (1) it was an error to respond to the five questions asked by the jurors without allowing the parties to object or respond on the record; (2) the tape measure provided to the jurors during deliberation is extrinsic evidence that biased the jury's verdict; and (3) Allen proved every element of his claim by a preponderance of the evidence. The defendant objects to the motion for new trial. After reviewing the briefs and record, the motion for new trial [Doc. No. 140] is denied. IT IS SO ORDERED this 20th day of December, 2010. PLAINTIFF MONROE COUNTY, ARKANSAS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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