The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)
Victor Lee was convicted in Miami, Florida in 1978 of felony drug possession. There have been no subsequent felonies. Defendants respectfully request that any evidence of or reference to defendant Lee’s 30-year-old conviction is only intended to mislead and prejudice the jury, and convey irrelevant character evidence, and should thus be prohibited from mention. This conviction is three decades old and has no bearing on Mr. Lee’s credibility today, thirty years after the fact. Mr. Lee has been straightforward in his testimony about the motor vehicle accident in which he was involved in this case. There is no similarity between the conduct involved in the felony offense and the conduct of Mr. Lee alleged in this case. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Reference to or the introduction of evidence of this remote felony conviction has no probative value and would be highly prejudicial to defendants in that it would unfairly convey the impression that Mr. Lee’s conviction in the early 1970s is relevant to his character today and of his conduct in the subject motor vehicle accident. And would undoubtedly mislead and confuse the jury into believing that such evidence would somehow be probative of the ultimate issues in this case. Further, the introduction of such evidence would require time-consuming rebuttal by defendants.
For all of the foregoing reasons, defendants move this court for an order instructing the plaintiffs, their counsel, and each and every one of plaintiffs witnesses, not to mention, interrogate on, or in any other manner, convey to the jury whether during voir dire, opening statement, testimony, final argument, or otherwise, any reference to or evidence of defendant Victor Lee’s 30-year-old felony conviction.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.