JUS-441_T5_MotioninLimine-Part 2
Summary
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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
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JUS-441 Topic 5 Motion in Limine Simulation-Part 2
Roxie Hightower
Professor David Root
JUS-441-O500
05/10/2020
https://en.wikipedia.org/wiki/Mistrial
https://en.wikipedia.org/wiki/Motion_in_limine#cite_note-garner-12
https://en.wikipedia.org/wiki/St._Paul,_Minnesota
https://en.wikipedia.org/wiki/St._Paul,_Minnesota
https://en.wikipedia.org/wiki/West_Group
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 Lawfords 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
persons 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.
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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. 79104. ISBN 978-1790162826.
VeVea, Victor (2019). California Criminal Defense Motions in Limine, 3rd. Bakersfield,
CA, USA: Legal Research Services. pp. 104111. ISBN 978-1790162826.
(2015). Motion In Limine, Legal Dictionary.
