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- ilnd;;1:04-cv-03313_de142 RegisterActionDate "2011-03-07" @default.
- ilnd;;1:04-cv-03313_de142 RegisterActionDescriptionText "MINUTE entry before Honorable William J. Hibbler: Defendants' Motion in limine 129 is granted in part and denied in part as stated at the 3/1/2011 pretrial conference. The Court's ruling as to defendants' motion in limine #19 is granted in part and denied in part. The Court holds that Part A of the Waller opinion is irrelevant and the defendants motion as to this part of the opinion is allowed. Regarding Part B of the opinion, the Court holds that any and all opinions of Waller that are based upon his assessment of the credibility of witnesses are subject to exclusion. However opinions based upon objectively supported and tested principles are not(e.g. the likelihood of gun shot residue or the description of a Weaver stance). Regarding Part C of the opinion, the Court holds that the opinion determines the appropriateness of the use of deadly force based in part on credibility considerations that the jury can make. The Court therefore grants the motion in limine with regard to Part C of the opinion. Regarding Part D of the opinion, the Court holds that the finding is based on Waller's determination of the officers' credibility and therefore grants the motion with regard to this part of the opinion. Finally, regarding Part E of the opinion, the Court holds that the opinion relies on the finding of not guilty in the criminal case to make an improper credibility determination and therefore grants the motion in limine with regard to Part E of the opinion. Mailed notice (jdh) (Entered: 03/07/2011)" @default.
- ilnd;;1:04-cv-03313_de142 AdministrativeID "137" @default.
- ilnd;;1:04-cv-03313_de142 hasReferenceToOtherEntry ilnd;;1:04-cv-03313_de133 @default.