Dighera v. Jones

1996 U.S. Dist. LEXIS 16375 (1996)

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Dighera v. Jones

United States District Court for the District of Kansas
1996 U.S. Dist. LEXIS 16375 (1996)

Sean Carroll headshot
  • Written by Sean Carroll, JD

Facts

Emery Gust (plaintiff) sued Jeffrey Jones and Willis Shaw Frozen Food Express, Inc. (defendants) for injuries sustained in a car accident. With Gust planning to testify at trial, Jones sought to introduce evidence of Gust’s prior drug conviction. Gust had been convicted of smuggling drugs into a penal institution. Gust filed a motion in limine to exclude the prior conviction.

Rule of Law

Issue

Holding and Reasoning ()

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Casebooks

Evidence

Key Terms

  • Motion in LimineMeaning motion “on the threshold,” a pretrial motion requesting that certain evidence be allowed, prohibited, or its use limited at trial.
  • Rule 609(a)(2) of the Federal Rules of EvidenceProvides that if a party attacks a witness’s character for truthfulness by submitting evidence of a prior criminal conviction, the evidence must be admitted if the elements of the crime involved a dishonest act or false statement.
  • Impeachment of a WitnessThe questioning or discrediting of a witness's veracity or reliability. Any party may impeach any witness, including a witness the party has called.

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