Bevan v. Santa Fe County et al

Filing 395

ORDER DENYING MISTRIAL by District Judge Kenneth J. Gonzales. (tah)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO AIMEE BEVAN, as Personal Representative of the Estate of Desiree Gonzales, deceased, Plaintiff, vs. Civ. No. 15-73 KG/SCY GABRIEL VALENCIA, Youth Development Administrator, Individually, MATTHEW EDMUNDS, Corrections Officer, Individually, JOHN ORTEGA, Corrections Officer, Individually, MOLLY ARCHULETA, Corrections Nurse, Individually, and NATHAN PAUL UNKEFER, M.D., Defendants. ORDER DENYING MISTRIAL This matter comes before the Court upon Plaintiff’s oral motion for a mistrial made on September 18, 2018, during the trial of this case. For the reasons stated on the record, including that (1) Plaintiff objected to Mr. Mark Komer’s inclusion of certain allegations in his opening statement, albeit after Mr. Komer concluded his opening statement; (2) the Court informed the jury prior to Mr. Komer’s opening statement, through the reading of the Preliminary Jury Instructions, copies of which the jury has during trial, that opening statements and argument of counsel are not evidence; and (3) the final jury instructions will, likewise, inform the jury that argument of counsel is not evidence, the Court denies Plaintiff’s oral motion for a mistrial. IT IS SO ORDERED. ________________________________ UNITED STATES DISTRICT JUDGE

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