Legal Opinion · Dissent

Cheri W. Heflin v. Stephen Merrill

Mississippi Supreme Court

Decided November 6, 2014No. 2012-CT-00663-SCTPublished

1DissentKing, Justice

¶ 29. Because I disagree that the mere identity of a party who participates in a trial is “evidence” subject to exclusion, and because I believe that the trial court in this case erred by excluding the identity of a defendant who participated in the trial, I respectfully dissent.

¶ 30. This appeal stems from a motion in limine filed by Nationwide, requesting that the court exclude “any reference or comment before the venire or jury related to the insurance policy issued by Nationwide Insurance Company made the subject of this matter, and to exclude any evidence of the same.” (Emphasis added.)…

2Cases cited27 opinions

  1. Craig v. HarneySupreme Court of the United States · 1947
  2. Doe v. StegallCourt of Appeals for the Fifth Circuit · 1981
  3. Savarese v. AgrissCourt of Appeals for the Third Circuit · 1989
  4. 20 Fair empl.prac.cas. 457, 20 Empl. Prac. Dec. P 30,136 Southern Methodist University Association of Women Law Students, Equal Employment Opportunity Commission, Plaintiff-Intervenor v. Wynne & Jaffe, Southern Methodist University Association of Women Law Students, Equal Employment Opportunity Commission, Plaintiff-Intervenor v. Thompson, Knight, Simmons & BullionCourt of Appeals for the Fifth Circuit · 1979
  5. Fischer v. Forestwood Co., Inc.Court of Appeals for the Tenth Circuit · 2008

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