Vieira

Vieira v. County of Sacramento

Good Law
United States District Court, Northern District of CaliforniaFebruary 24, 20203:18-cv-05431California1,762 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NICHOLAS K. VIEIRA, Case No. 18-cv-05431-VC

Plaintiff,

FINAL RULINGS ON MOTIONS IN

v. LIMINE (AS AMENDED)

COUNTY OF SACRAMENTO, et al., Re: Dkt. Nos. 98, 99, 100, 101, 102, 103 Defendants.

This order summarizes the Court’s final rulings on the parties’ motion in limine. As a reminder, a ruling on a motion on limine may be revised at trial. See City of Pomona v. SQM North America Corp., 866 F.3d 1060, 1070 (9th Cir. 2017).1 A. Vieira’s Motion in Limine 1. The motion to exclude all evidence, references, and arguments concerning Vieira’s convictions for stalking and brandishing is granted in large part. The tentative ruling on this motion concluded that Zalec could admit the Vieira’s convictions as relevant evidence of whether Zalec acted in self-defense. See Dkt. No. 112. That was erroneous. The Ninth Circuit has held that Federal Rule of Evidence 410—though specifically referring only to pleas—bars the admission of no-contest pleas and convictions based on no-contest pleas as “proof that the pleader actually committed the underlying crimes charged.” United States v. Nguyen,…

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