Wise v. Southern Tier Express, Inc.

Filing 114

ORDER Granting Plaintiff's 79 Motion in Limine No.1 (Prior Conviction). Signed by Judge Andrew P. Gordon on 7/10/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RODERICK WISE, an individual,

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Plaintiff,
v.
SOUTHERN TIER EXPRESS, INC., a New
York corporation; DOES I through X; and
ROE CORPORATIONS I through X,
inclusive,

Case No. 2:15-cv-01219-APG-PAL
ORDER GRANTING MOTION IN
LIMINE NO. 1 (PRIOR CONVICTION)
(ECF No. 79)

Defendants.
Plaintiff Roderick Wise has moved to exclude evidence of his “prior felony conviction,

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criminal record, and any other wrongful act.” ECF No. 79. The motion refers only to a 2012

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felony conviction for assault and related papers regarding the underlying 2010 incident.

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Federal Rule of Evidence 609(a) generally allows the admission of such evidence in this

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situation, unless it would be barred by Rule 403. Thus, I must balance the probative value of the

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impeaching conviction against the danger of unfair prejudice. Evidence of a felony conviction

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would likely taint the jury against Wise; thus, there is significant risk of unfair prejudice. There is

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little probative value to the conviction. Wise’s credibility will be important, as he likely will

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testify about how his injury occurred and the resulting effects on his life. However, his

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conviction for assaulting his roommate has little relation to veracity. Nor is it similar to the issues

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presented in this case. The fact that Wise (in the defendant’s opinion) “presented a rather bizarre

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story” at his criminal trial (ECF No. 97 at 4-5) does not render his conviction for assault probative

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of his credibility. Therefore, Wise’s motion in limine (ECF No. 79) is GRANTED. However,

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should Wise offer evidence at trial that renders his conviction more probative, the defendant may

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ask me to reconsider this decision outside the presence of the jury.

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DATED this 10th day of July, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE