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- ilnd;;1:16-cv-03401_de752 RegisterActionDate "2020-11-18" @default.
- ilnd;;1:16-cv-03401_de752 RegisterActionDescriptionText "MINUTE entry before the Honorable Thomas M. Durkin: HBI's motion in limine No. 1 594 is granted. Rule 609 of the Federal Rules of Evidence generally prohibits use of convictions older than 10 years to attack a witness's character for truthfulness. Josh 0608DCA conviction is well over 10 years old. But Rule 609(b) nevertheless allows such use under certain circumstances. Republic's response to HBI's motion references answers that 0608DCA made to the court, through his attorneys, in moving for early termination of probation. Republic argues that some of these answers were false. False statements to a court, no matter how old, may potentially be used in cross examination under Rule 608(b). If allowed, the court will likely require that questioning be tailored to exclude reference to the conviction. Under any circumstances, a Rule 403 analysis will have to be made, and can only be done in the context of the trial. Accordingly, counsel for Republic should not mention anything about the criminal conviction in front of the jury and should instruct their witnesses of the same. If Republic believes that 0608DCA direct testimony, or that of any other HBI witness, has opened the door to any alleged false statements, it must ask permission of the Court to so inquire. Mailed notice. (ecw, ) (Entered: 11/18/2020)" @default.
- ilnd;;1:16-cv-03401_de752 AdministrativeID "749" @default.
- ilnd;;1:16-cv-03401_de752 hasReferenceToOtherEntry ilnd;;1:16-cv-03401_de597 @default.