DENNIS v. CITY OF PHILADELPHIA et al

Filing 190

ORDER UPON CONSIDERATION OF PLAINTIFF JAMES DENNIS MOTION IN LIMINE TO RESTRICT EVIDENCE OF NOLO CONTENDERE PLEA (ECF NO. 105), DEFENDANTS RESPONSES IN OPPOSITION, THE PARTIES SUPPLEMENTAL BRIEFING, THEIR ORAL ARGUMENTS, AND FOR THE REASONS SET FORT H IN THE ACCOMPANYING MEMORANDUM, IT IS ORDERED THE MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED INSOFAR AS DEFENDANTS SHALL BE PRECLUDED FROM INTRODUCING EVIDENCE OF DENNIS 2016 NOLO CONTENDERE PLEA AS EVIDENCE OF GUILT AND DENNIS SHALL BE PERMITTED TO ASSERT HIS INNOCENCE OF CHEDELL WILLIAMS MURDER; THE MOTION IS DENIED WITHOUT PREJUDICE AS TO DENNIS REQUEST TO OFFER EVIDENCE REGARDING THE CIRCUMSTANCES LEADING UP TO HIS 2016 NOLO CONTENDERE PLEA. FURTHER, U PON CONSIDERATION OF DEFENDANTS JOINT MOTION IN LIMINE TO ENFORCE HECK EFFECT OF PLAINTIFFS MURDER CONVICTION (ECF NO. 116), DENNIS OPPOSITION THERETO, THE PARTIES SUPPLEMENTAL BRIEFING, THEIR ORAL ARGUMENTS, AND FOR THE REASONS SET FORTH IN THE ACCO MPANYING MEMORANDUM, IT IS ORDERED THE MOTION IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS GRANTED INSOFAR AS THE COURT WILL INSTRUCT THE JURY THAT DENNIS WAS CONVICTED OF THIRD-DEGREE MURDER, ROBBERY, CARRYING A FIREARM WITHOUT A LICENSE, POSSESSION OF AN INSTRUMENT OF CRIME, AND CONSPIRACY TO COMMIT ROBBERY; THE MOTION IS DENIED INSOFAR AS DENNIS SHALL BE PERMITTED TO ASSERT HIS INNOCENCE OF CHEDELL WILLIAMS MURDER.. SIGNED BY DISTRICT JUDGE JUAN R. SANCHEZ ON 4/8/2024. 4/8/2024 ENTERED AND COPIES E-MAILED.(sg)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JAMES DENNIS v. CITY OF PHILADELPHIA, et al. : : : : : CIVIL ACTION No. 18-2689 ORDER AND NOW, this 8th day of April, 2024, upon consideration of Plaintiff James Dennis’ Motion in Limine to Restrict Evidence of Nolo Contendere Plea (ECF No. 105), Defendants’ responses in opposition, the parties’ supplemental briefing, their oral arguments, and for the reasons set forth in the accompanying Memorandum, it is ORDERED the Motion is GRANTED in part and DENIED in part as follows: • The Motion is GRANTED insofar as Defendants shall be precluded from introducing evidence of Dennis’ 2016 nolo contendere plea as evidence of guilt and Dennis shall be permitted to assert his innocence of Chedell Williams’ murder; • The Motion is DENIED without prejudice as to Dennis’ request to offer evidence regarding the circumstances leading up to his 2016 nolo contendere plea. Further, upon consideration of Defendants’ Joint Motion in Limine to Enforce Heck Effect of Plaintiff’s Murder Conviction (ECF No. 116), Dennis’ opposition thereto, the parties’ supplemental briefing, their oral arguments, and for the reasons set forth in the accompanying Memorandum, it is ORDERED the Motion is GRANTED in part and DENIED in part as follows: • The Motion is GRANTED insofar as the Court will instruct the jury that Dennis was convicted of third-degree murder, robbery, carrying a firearm without a license, possession of an instrument of crime, and conspiracy to commit robbery; • The Motion is DENIED insofar as Dennis shall be permitted to assert his innocence of Chedell Williams’ murder. BY THE COURT: /s/ Juan R. Sánchez Juan R. Sánchez, J.

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