Uribe v. Babienco et al

Filing 111

ORDER REGARDING JURY INSTRUCTION ON CREDIBILITY. Signed by Judge Alsup on 7/25/2016. (whalc2, COURT STAFF) (Filed on 7/25/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CESAR URIBE,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER REGARDING JURY
INSTRUCTION ON
CREDIBILITY

PHILIP BABIENCO,
Defendant.
/

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No. C 13-01106 WHA

At the final pretrial conference, counsel for defendant requested a jury instruction on

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credibility that would allow the jury to take into account plaintiff’s incarceration. This request

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stood in contradiction to the concession that defendant would not seek to impeach plaintiff via

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prior convictions. After the hearing, the Court could not find any such proposed jury

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instruction and therefore required counsel for defendant to submit the proposed jury instruction

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by July 22, 2016, at noon.

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The Court has now reviewed the materials submitted and finds the proposed instruction

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confusing and unwarranted. Counsel for defendant asked for a jury instruction based on Ninth

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Circuit Model Instruction 2.9, which has nothing to do with this case. The other proposed

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model jury instruction bears upon the First Amendment. This is not a First Amendment action.

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The proposed jury instruction regarding the credibility of the plaintiff will not be allowed.

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IT IS SO ORDERED.

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Dated: July 25, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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