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Roxie Hightower

JUS-441_T5_MotioninLimine-Part 2.docx

Summary

 670 Words  

1) That would mean that the photographs would be used by the prosecution. According to Legal

Dictionary (2015), the grounds for this request hinges on the legal requirement that expert

testimony is required when the topic is related to a science or profession that is beyond the

 Spelling mistake: Limine  Liming

 Web Content: https://legaldictionary.net/motion-in-limine…

JUS-441 Topic 5 Motion in Limine Simulation-Part 2

Roxie Hightower

Professor David Root

JUS-441-O500

05/10/2020

knowledge of the average person. This means that any evidence which, without the instruction

provided by an expert, would require the jury to engage in “sheer speculation” to reach a

conclusion. Mr. Craig Lawford’s presentation of photographs and claims that the photographs

are evidence of molestation is speculative, and cannot be confirmed without an expert. Such

evidence should not be submitted to the jury because it will lead to fair trial on grounds of biases.

According to California Evidence Code section 1101, “Evidence of character to prove conduct”:

(a) Except as provided in this section and in Sections 1102, 1103, 1108, and 1109, evidence of a

person’s character or a trait of his or her character (whether in the form of an opinion, evidence

of reputation, or evidence of specific instances of his or her conduct) is inadmissible when

offered to prove his or her conduct on a specified occasion

2) This case was filed in this jurisdiction because of the gravity of the matter. This should be

constitutional and common law matter and not a serious matter considering the defendant is

being accused of molesting her children which is absurd. The prosecutor has no substantial

evidence that pin the mother to have committed the crime, this is sheers speculation and the jury

should treat it as such. Before a defendant can seek discovery of private information, it must first

show that the information is directly relevant to the litigation. See, Hunter Tylo v. Spelling

Entertainment Group (1997) 55 Cal.App.4th 1379: “Discovery of constitutionally protected

information is on a par with discovery of privileged information and is more narrowly proscribed

than traditional discovery. This is a family matter that is deemed to be tried in a family court and

not a federal or criminal offense but a civil case. If the motion in limine to exclude evidence is

granted, then the excluded records are prohibited from being presented without specific approval

from the judge at the time the party wants to offer the evidence. A reference to such "highly

prejudicial" evidence contrary to the tribunal's order is a ground for a .mistrial [2]

3) This is a matter of procedural discretion. The most often-used motion in limine is probably

one based on Evidence Code section 352: The court in its discretion may exclude evidence if its

probative value is substantially outweighed by the probability that its admission will (a)

necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of

confusing the issues, or of misleading the jury. The courts know, as a matter of logic, that

anything that is “relevant” is also “prejudicial” in the sense that it harms one side and benefits

the other. If a 352 motion is brought simply because one side does not like some piece of

evidence, and without any real basis for argument as to “emotional bias” or the like, that motion

only highlights to the court that the evidence is significant. Therefore, this motion must always

start first with an argument as to why the information is irrelevant (or, at best, of limited

relevance), that is, of “low or no probative value.” Only then should the motion argue the

prejudice, and then particularly as to why the prejudice is unfair or emotionally-based.

 Web Content: https://law.justia.com/codes/california/2005/evid/1100-1109.html…

 Passive voice: defendant is being accuse...

 Web Content: https://pasternaklaw.com/publications/motions-in-limine-dont-miss-categories-and-authorities/…

 Unpaired braces, brackets, quotation m...: “

 Passive voice: is deemed to be

 Web Content: https://www.wikizero.com/en/In_limine…

 Spelling mistake: limine  liming

 Web Content: https://www.leagle.com/decision/incaco20091112041…

 Spelling mistake: limine  liming

 Spelling mistake: probative  probation

 Passive voice: value is substantially out...

 Web Content: https://pasternaklaw.com/publications/motions-in-limine-dont-miss-categories-and-authorities/…

 Statistically detect wrong use o...: know  now

 Spelling mistake: probative  probation

References

Garner, Brian A., ed. (1999). "in limine". Black's Law Dictionary (7th ed.).

: .

St. Paul,

Minnesota West Group

VeVea, Victor (2019). California Criminal Defense Motions in Limine, 3rd. Bakersfield,

CA, USA: Legal Research Services. p. 12. ISBN 978-1790162826.

VeVea, Victor (2019). California Criminal Defense Motions in Limine, 3rd. Bakersfield,

CA, USA: Legal Research Services. pp. 79–104. ISBN 978-1790162826.

VeVea, Victor (2019). California Criminal Defense Motions in Limine, 3rd. Bakersfield,

CA, USA: Legal Research Services. pp. 104–111. ISBN 978-1790162826.

(2015). Motion In Limine, Legal Dictionary.

https://legaldictionary.net/motion-in-limine/