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Stinson v. Gauger

United States District Court, E.D. Wisconsin

June 21, 2019

ROBERT LEE STINSON, Plaintiff,
v.
JAMES GAUGER et al., Defendants.

          ORDER RULING ON PLAINTIFF'S OBJECTIONS TO DEFENDANT JOHNSON'S DIRECT TESTIMONY VIDEO DEPOSITION (DKT. NO. 342) AND DEFENDANT'S OBJECTIONS TO CROSS (DKT. NO. 348)

          HON. PAMELA PEPPER UNITED STATES DISTRICT JUDGE

         The plaintiff makes a “global” objection to the entire direct examination as leading. Dkt. No. 342 at 1. He asks the court to strike the direct examination in its entirety. Id. at 2. The court agrees with the plaintiff that many of defense counsel's questions are leading in the classic sense, and many others are less than open-ended. Given the representations in the defendant's response (dkt. no. 347) and the representations defense counsel has made about the defendant's health issues throughout the twenty-one months the court has been assigned this case, the court OVERRULES that “global” objection and DENIES the plaintiff's motion to strike.

Designation

Objection

Ruling

Page/Line of Direct Exam

Plaintiff's Objections

298:1-21

Preserve plaintiff's objections to the use of Dr. Johnson's CV as hearsay per plaintiff's MIL no. 11

Overruled.

329:18-24

Rule 611-improper leading on direct exam

Overruled.

330:10-12

Form “formal scientific opinion”

Overruled.

331:6-10

Fed. R. Evid. 611(c) -improper leading on direct exam, Form “formal scientific analysis”

Overruled.

339:9-16

Rule 611(c)-improper leading on direct exam, Form “generally consistent”

Overruled.

340:19-341:2

Rule 611(c)-improper leading on direct exam

Overruled.

347:19-24

Rule 611(c)-improper leading on direct exam, Form

Overruled.

348:4-10

Rule 611(c)-improper leading on direct exam, Form

Overruled.

348:13-18

Rule 611(c)-improper leading on direct exam, Form, improper vouching for an expert

Overruled.

348:19-24

Rule 611(c)-improper leading on direct exam, Form, improper vouching for an expert

Overruled.

349:1-19

Rule 611(c)-improper leading on direct exam, Form, improper vouching for an expert

Overruled.

352:2-12

Rule 611(c)-improper leading on direct exam, Form, improper vouching for an expert

Overruled.

354:1-15

Rule 611(c)-improper leading on direct exam, Form, improper vouching for an expert

Overruled.

355:22-25- 356:1-16

Rule 611(c)-improper leading on direct exam, Form, MIL No. 1-bar Morgan Report

Overruled-no connection to the court's ruling barring the Morgan report.

357:19-24

Rule 611(c)-improper leading on direct exam, Form

Overruled.

360:16-24

Rule 611(c)-improper leading on direct exam

Overruled.

361:19-25 (should be 19-24)

Rule 611(c)-improper leading on direct exam, Form

Overruled.

362:6-10

Rule 611(c)-improper leading on direct exam, Form

Overruled.

362:23-25 - 363:1-12

Rule 611(c)-improper leading on direct exam, Form

Overruled.

363:21-25

Form

Overruled.

364:1-8

Rule 611(c)-improper leading on direct exam. Form

Overruled.

369:8-14

Form

Overruled.

371:1-7

Rule 611(c)-improper leading on direct exam, Form

Overruled.

372:16-23

Rule 611(c)-improper leading on direct exam, Form

Overruled.

374:1-6

Foundation

Overruled (“To your knowledge”)

374:19-23

Rule 611(c)-improper leading on direct exam, Form

Overruled.

375:1-11

Rule 611(c)-improper leading on direct exam, Form

Overruled.

377:3-8

Rule 611(c)-improper leading on direct exam, Form

Overruled.

378:1-25

Rule 611(c)-improper leading on direct exam, Form

Overruled.

379:1-4

Rule 611(c)-improper leading on direct exam, Form

Overruled-no question to which the objection could refer.

380:23-381:6

Rule 611(c)-improper leading on direct exam, Form, MIL No. 1-Bar Morgan Report

Sustained.

383:20-384:3

Rule 611(c)-improper leading on direct exam, Form

Overruled.

388:4-9

Rule 611(c)-improper leading on direct exam, Form

Overruled.

389:13-18

Rule 611(c)-improper leading on direct exam, Leading, and Foundation

Overruled.

389:19-25

Rule 611(c)-improper leading on direct exam, Leading

Sustained.

390:22-391:3

Rule 611(c)-improper leading on direct exam, Leading, and Foundation

Overrule.

391:7-14

MIL No. 2, Daubert Order Dkt. No. 287

Sustained.

391:23-392:3

Form, Rule 611(c)-improper leading on direct exam

Overruled.

393:3-394:1

Form, Foundation, Rule 611(c)-improper leading on direct exam, MIL No. 2, Daubert Order Dkt. No. 287

Overruled.

396:25-397:15

Rule 611-improper leading on direct exam, Foundation, Daubert Order Dkt. No. 287- bar opinion on role of cross examination and bar Morgan Report; MIL No. 1

Sustained as to 396:25-397:4-strike.

Overruled as to 397:7-15.

397:23-398:1

Form, Foundation, Daubert Order Dkt. No. 287, bar opinion on role of cross examination and bar Morgan Report; MIL No. 1

Overrule-397:23-25 already stricken, 398:1 allowed.

398:3-8

Form, Rule 611(c)-improper leading on direct exam

Overruled.

399:6-12

Form, Rule 611(c)-improper leading on direct exam

Overruled.

399:13-18

Form, Rule 611(c)-improper leading on direct exam, MIL No. 1

Sustained-strike 399:13-18, as well as 19-25.

400:1-11

MIL No. 1, FRE 801

Overrule-nothing but a statement that counsel is handing the witness a document.

400:22-402:23

MIL No. 1

Overrule as to 400:22-401:22.

Overrule as moot as to 401:23-25, 402:1-3- already stricken.

Sustain as to 402:5-24- strike.

The court will not admit Exhibit 289-hearsay.

403:1-404:12 MIL No. 1 Sustained-strike.

405:2-7

Form, Foundation, Rule 611(c)-improper leading on direct exam

Overruled.

406:9-12

Form

Overruled.

406:22-25

Form

Overruled.

413:3-9

MIL No. 1

SUSTAINED-strike.

414:6-11

Rule 611(c)-improper leading on direct exam

Overruled.

415:20-416:3

Form

Overruled.

416:18-24

Rule 611(c)-improper leading on direct exam, Form

Overruled.

416:25-417:11

Foundation

Overruled.

418:19-24

Form, Rule 611(c)-improper leading on direct exam

Overruled as to 418:19-23.

Overruled as moot as to 418:24-already stricken.

419:1-11

Rule 611(c)-improper leading on direct exam,

Overruled.

420:12-22

Rule 611(c)-improper leading on direct exam

Overruled.

424:1-425:2

Foundation, Dkt. No. 287- improper testimony as to the qualifications of an expert

Overruled.

425:3-10

Foundation; Dkt. No. 287- improper testimony on the qualifications of an expert

Overruled.

426:17-24

Form, Foundation

Overruled.

426:25-427:5

Form

Overruled.

428:14-19

Rule of Completeness, FRE 106

Sustained-do not strike.

428:25-429:4

Rule 611(c)-improper leading on direct exam

Overruled.

430:10-15

Rule 611(c)-improper leading on direct exam, Form

Overruled.

430:17(should be 16)-22

Rule 611(c)-improper leading on direct exam, Form

Overruled.

430:23-431:25

Foundation, Form, Rule 611(c)-improper leading on direct exam, Dkt. No. 287- barring testimony on state of mind, MIL No. 3

Overruled.

431:14-19

Form, Foundation, Rule 611(c)-improper leading on direct exam

Overruled.

431: 20-432:4

Form, Rule 611(c)-improper leading on direct exam

Overruled.

432:5-14

Form, Foundation

Overruled.

432:17-433:1

Form, Foundation

Overruled.

433:2-12

Form, Foundation, MIL No. 1 - Morgan Report; Dkt. No. 287

Sustained as to 297 (no relation to Morgan report)-strike.

433: 16-25

Dkt. No. 287; MIL No. 2- improper state of mind

SUSTAINED-strike.

Page/Line of Cross Exam

Defendant's Objections

436:22-23

Mischaracterizes Dr. Johnson's prior testimony; no prior testimony that Dr. Johnson had his work product overlays continuously in his possession for 20 years beginning in January of 1990.

Sustained as to lines 20-21, starting with “and you had them for two decades.”

438:18-20

Foundation: No evidence that Dr. Johnson had continuous possession of all his work product from 1985.

Overruled.

441:5-8

Foundation: Exhibit 203, p. 520 is not Dr. Johnson's document.

Overruled.

442:9-12

Mischaracterizes testimony; Dr. Johnson never testified that he evaluated suspects for Gauger and Jackelen.

Sustained-witness never answered the question. Strike 442:9-15.

442:21-22

Mischaracterizes testimony; Dr. Johnson never testified that he evaluated suspects or photographs for Detectives Gauger and Jackelen.

Overruled.

449:21

Relevance.

Overruled.


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