State v. John Doe

In the middle of a first degree sexual assault trial, the defendant’s attorney contacted the Criminal Clinic and we agreed to file a “motion in limine” and supporting memorandum of law on the defendant’s behalf asking that the trial judge bar the state from using the defendant’s arson conviction last year for impeachment purposes when the defendant testified in his defense. Connecticut evidence law makes such a felony conviction presumptively admissible for impeachment purposes. Working on extremely short notice, three student attorneys researched and drafted a lengthy memorandum setting forth multiple grounds for barring impeachment and one of the students presented oral argument to the court–which granted the motion in limine for the defense. The defendant testified and was later acquitted by the jury.