Free Motion in Limine - District Court of Arizona - Arizona

A. James Clark, #002901 CLARK & MOORE 2 256 South Second Avenue, #E Yuma, AZ 85364 3 Telephone (928) 783-6233
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Attorneys for Plaintiff Rubecca Mikkelsen, etc.

John A. Micheaels -- 05917 BEALE, MICHEAELS & SLACK, P.C. 6 1440 E. Missouri Avenue, #150 Phoenix, Arizona 85014 7 (602) 285-1444
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Attorneys for Plaintiff Dennis Mikkelsen UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA
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RUBECCA MIKKELSEN, surviving) spouse of Kelly Mikkelsen, deceased,) on behalf of MILES MIKKELSEN,) JERRET MIKKELSEN and ALLISON) MIKKELSEN, the minor children of) Kelly Mikkelsen, deceased, and on) behalf of DENNIS MIKKELSEN,) natural father of Kelly Mikkelsen,) deceased; and on behalf of TAYLOR) R. FOX, a minor, by her next friend) and natural mother, TRACY FOX-) TANGA, ) ) Plaintiffs, ) ) vs. ) ) C O R R E C T I O N A L H E A L T H) RESOURCES, INC., a foreign) corporation; KENNETH L. FAIVER) and JANE DOE FAIVER, husband and) wife; JOSEPH EDWARD RICH, M.D.) and JANE DOE RICH, husband and) wife; DOES I through V, inclusive, ) ) Defendants. ) ______________________________ )

No. CIV 02-2252-PHX-JAT PLAINTIFFS MIKKELSEN'S MOTION IN LIMINE NO. 5 TO PRECLUDE EVIDENCE OF REASON THAT KELLY MIKKELSEN WAS IN JAIL

(Assigned to the Honorable James A. Teilborg)

Plaintiffs move this Court for an order in limine precluding any evidence, or reference to the reason that Kelly Mikkelsen was in jail at the time of his death. Such evidence is irrelevant and any arguable relevance would be substantially outweighed by the dangers of unfair

Case 2:02-cv-02252-JAT

Document 249

Filed 10/17/2005

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prejudice, delay, confusion of the issues, misleading the jury and/or waste of time. Accordingly, any such evidence should be precluded in limine per rules 401-403. RESPECTFULLY SUBMITTED this 17th day of October, 2005.
BEALE, MICHEAELS & SLACK, P.C.

By

/s/ John A. Micheaels John A. Micheaels 1440 East Missouri Avenue, #150 Phoenix, Arizona 85014 Attorneys for Plaintiff Dennis Mikkelsen

MEMORANDUM OF POINTS AND AUTHORITIES Kelly Mikkelsen was placed in the Yuma County Adult Detention Center because, in a moment of anger, he made a comment that he would like to harm a judge as he was leaving the judge's courtroom. Obviously Mr. Mikkelsen was simply angry, but it would be misleading and a waste of time to introduce evidence, argument and conjecture regarding the reason that Mr. Mikkelsen was in custody on the date of his death. The information is not relevant to any issue in this litigation and would simply confuse and mislead the jury, waste time, and cause delay. In addition, the evidence would be an improper attempt to blacken Kelly Mikkelsen's reputation so as to generate contempt for Mr. Mikkelsen, or at least decrease sympathy for Mr. Mikkelsen's death. Such evidence would be unfairly prejudicial, and such undue prejudice would clearly outweigh any probative value that the evidence might arguably have. Accordingly, the evidence should be excluded under F.R.E. 401-403. WHEREFORE, Plaintiffs respectfully request that this Court enter an order in limine precluding any evidence or reference to the reason that Kelly Mikkelsen was in the custody of the Yuma County Adult Detention Center at the time of his death.

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RESPECTFULLY SUBMITTED this 17th day of October, 2005.
BEALE, MICHEAELS & SLACK, P.C.

By

/s/ John A. Micheaels John A. Micheaels 1440 East Missouri Avenue, #150 Phoenix, Arizona 85014 Attorneys for Plaintiff Dennis Mikkelsen

Original/Copy of the foregoing mailed/ delivered this 17th day of October, 2005, to:

Clerk of the U.S. District Court 401 West Washington Street 10 Phoenix, Arizona 85003 Honorable James A. Teilborg U. S. District Court 12 401 West Washington Street Phoenix, Arizona 85003
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A. James Clark, Esq. CLARK & MOORE 256 South Second Avenue, Suite E Yuma, Arizona 85364 Attorneys for Plaintiffs Rebecca Mikkelsen, et al, . James W. Barnhouse, Esq. RENAUD, COOK, DRURY & MESAROS, P.A. One North Central Avenue, #900 Phoenix, Arizona 85004 Attorneys for Defendants Correctional Health Resources, Inc., Faiver and Rich

Michael J. Aboud Esq. ABOUD & ABOUD 21 100 North Stone Avenue, #303 Tucson, Arizona 85701 22 Co-Counsel for Plaintiff Fox Mary K. Boyte, Esq. BOYTE & MINORE, P.C. 24 150 W. Second Street Yuma, Arizona 85364 25 Co-Counsel for Plaintiff Fox
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