Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-01126-MJW-PAC

Document 54

Filed 11/23/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-MW-1126 (PAC) BRIAN HILDENBRANDT, Plaintiff. v. THE CITY OF COLORADO SPRINGS, A Colorado Municipal Corporation, Defendant. MOTION IN LIMINE REGARDING GUILTY PLEA WITHOUT CONVICTION OF BRIAN HILDENBRANDT Comes now the Plaintiff, Brian Hildenbrandt, by and through his attorney, Geoff Heim, of Moran & Heim, P.C., and moves this Court to preclude any testimony concerning a guilty plea and Deferred Judgment and Sentence Plaintiff received in El Paso County Case Number 03M4192. As grounds therefore, Plaintiff notes the City Attorney inquired into that case during Plaintiff's deposition. 1. Plaintiff's entry of a guilty plea did not result in conviction.

2. Plaintiff's entry of a guilty plea in that case has no relevance to any material issue in the instant case under Federal Rule of Evidence 401 and 402. 3. Assuming, arguendo, some sort of relevance under Federal Rules of Evidence 401 and 402 such probative value would be substantially outweighed by the danger of unfair prejudice under Federal Rule of Evidence 403. WHEREFORE, Plaintiff asks for an Order of this Court precluding the City from inquiring into the disposition of El Paso County Case Number 03M4192. Dated this 23rd day of November, 2005. MORAN & HEIM, P.C. /s/ Geoff Heim _________ Geoff Heim, #26092 Attorneys for Plaintiff 220 East Costilla Avenue Colorado Springs, CO 80903 Phone: 719-636-9250 Fax: 719-389-0889

Case 1:04-cv-01126-MJW-PAC

Document 54

Filed 11/23/2005

Page 2 of 2

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that November 23, 2005, I electronically filed the foregoing Motion in Limine Regarding Guilty Plea Without Conviction of Brian Hildenbrandt with the Clerk of Court for filing and uploading to the CM/EF system which will send notification of such filing to the following e mail address: [email protected] [email protected] and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.)

/s/ Therese Smith________ Therese Smith