Uribe v. Babienco et al

Filing 127

MEMORANDUM OPINION RE RULE 608 EVIDENCE. Signed by Judge Alsup on 8/1/2016. (whalc2, COURT STAFF) (Filed on 8/1/2016)

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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.

MEMORANDUM OPINION RE
RULE 608 EVIDENCE

PHILIP BABIENCO,
Defendant.
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No. C 13-01106 WHA

This post-trial memorandum sets forth the basis for the Court’s ruling mid-trial to allow

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plaintiff to be cross-examined about his forgery of a statement by another witness in another

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case. In 2011, a magistrate judge in a separate case made a finding that our plaintiff (also the

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plaintiff in that case) had submitted a false, forged declaration. At our pretrial conference,

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defendant’s counsel sought permission to use this event to impeach plaintiff. The Court

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deferred ruling on this until (1) plaintiff had actually testified and (2) the Court could assess the

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extent to which plaintiff’s credibility was an issue for the jury to consider. The Court felt that

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the subject should not be broached unless plaintiff’s credibility was substantially in play. The

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Court listened to the entire direct examination of plaintiff and all of the cross-examination

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except for this one subject and made a determination at that point that plaintiff’s credibility was

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sufficiently at issue to permit cross-examination under Federal Rules of Evidence 608(b) and

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403. The Court limited the examination to what plaintiff himself did rather than what the judge

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found in her sanctions order. (During cross-examination, however, plaintiff himself referred to
the judge’s finding.)

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Under Rule 403, the probative value of the information outweighed the prejudicial effect
of the information. Plaintiff’s credibility was in play on at least the following issues:

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1.

The actual extent of plaintiff’s pain; and

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2.

What plaintiff knew about the actual balance of his prison trust account and

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when he knew it.

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Dated: August 1, 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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