Legal Opinion
Joel Reyes v. Missouri Pacific Railroad Company
Court of Appeals for the Fifth Circuit
Decided February 14, 1979No. 76-3689PublishedCited by 88 opinions
1Opinion of the Court
JAMES C. HILL, Circuit Judge:
In this diversity case plaintiff-appellant challenges 1 the admission into evidence of his four prior misdemeanor convictions for public intoxication, introduced for the purpose of showing that he was intoxicated on the night that he was run over by defendant-appellee’s train. We agree with appellant, finding the evidence of his prior convictions to be inadmissible under Rule 404(a) of the Federal Rules of Evidence; therefore, we reverse and remand the case for a new trial.
I
Shortly after midnight on June 17, 1974, appellant Reyes was run over by…
2Cases cited3 opinions
- John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western GermanyCourt of Appeals for the Fourth Circuit · 1977
- James F. Bell v. Swift & CompanyCourt of Appeals for the Fifth Circuit · 1960
- Atlantic Coast Line R. Co. v. BurkettCourt of Appeals for the Fifth Circuit · 1951
3Cited by88 opinions
- Goldsmith v. Bagby Elevator Co., Inc.Court of Appeals for the Eleventh Circuit · 2008
- McLeod Alexander, Powel & Apffel, P.C. v. Fred H. QuarlesCourt of Appeals for the Fifth Circuit · 1990
- Arthur Wayne Carson, Cross-Appellee v. Officer Polley, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1982
- State v. McKnightOhio Supreme Court · 2005
- G.M. Brod & Company, Inc., a Florida Corporation, Cross-Appellant v. U.S. Home Corporation, a Delaware Corporation, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1985
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