Martinez v. Salazar et al

Filing 263

ORDER by District Judge Kenneth J. Gonzales granting in part and denying in part 230 Plaintiff's Motion in Limine to Allow Plaintiff to Question Hermenejildo Quintana about Prior Felony Convictions and Charges, granting in part and denying in part 231 Plaintiff's Motion in Limine to Admit Taser Data, and granting in part and denying in part 232 Plaintiff's Motion in Limine to Exclude Evidence of Russell Martinez's Subsequent Arrest and Prior Arrests and Convictions. (tah) Modified text on 2/24/2017 (cde).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

JACKIE MARTINEZ, as Personal
Representative on behalf of the
Estate of Russell Martinez,
Plaintiff,
vs.

Civ. No. 14-534 KG/WPL

JOSEPH SALAZAR, in his individual
capacity, GREG ESPARZA, in his
individual capacity, THE ESPANOLA
DEPARTMENT OF PUBLIC SAFETY,
LEO MONTOYA, and THE CITY OF
ESPANOLA,
Defendants.
ORDER ON MOTIONS IN LIMINE
On February 23, 2017, the Court held a hearing on the pending motions in limine in this
case. Plaintiff filed her Motion in Limine to Allow Plaintiff to Question Hermenejildo Quintana
about Prior Felony Convictions and Charges, (Doc. 230), her Motion in Limine to Admit Taser
Data, (Doc. 231), and her Motion in Limine to Exclude Evidence of Russell Martinez’s
Subsequent Arrest and Prior Arrests and Convictions, (Doc. 232), on February 6, 2017.
Defendants filed responses to these motions on February 14, 2017, (Docs. 248, 250, 251).
Plaintiff filed replies on February 16 and 21, 2017. (Docs. 254, 257). Todd A. Coberly and A.
Nathaniel Chakeres argued on behalf of Plaintiff at the hearing, and Martin R. Esquivel for
Defendants.
Having considered the motions in limine, the underlying briefing, the argument of
counsel, and for the reasons stated on the record, the Court ORDERS that:

1.

Plaintiff’s Motion in Limine to Allow Plaintiff to Question Hermenejildo

Quintana about Prior Felony Convictions and Charges, (Doc. 230) is granted in part and denied
in part;
2.

Plaintiff’s Motion in Limine to Admit Taser Data, (Doc. 231) is granted in part

and denied in part; and
3.

Plaintiff’s Motion in Limine to Exclude Evidence of Russell Martinez’s

Subsequent Arrest and Prior Arrests and Convictions, (Doc. 232) is granted in part and denied in
part.

_______________________________
UNITED STATES DISTRICT JUDGE

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