Does a defendant have a right to appeal an in-limine finding that a prior conviction is impeached for impeachment purposes?

MultiRegion, United States of America

The following excerpt is from Coursen v. A.H. Robins Co., Inc., 764 F.2d 1329 (9th Cir. 1985):

The rationale underlying the denial of a right to appeal in limine rulings is obvious. In limine rulings are by their very nature preliminary. It is impossible to determine whether the movant will be prejudiced by such ruling absent a trial, a ruling in the context of trial, and the return of a verdict. Cf. United States v. Luce, --- U.S. ----, 105 S.Ct. 460, 463, 83 L.Ed.2d 443 (1984) (since defendant did not testify, any possible prejudice flowing from in limine ruling on use of a prior conviction for impeachment purposes is wholly speculative); Merino v. Hocke, 324 F.2d 687, 689 (9th Cir.1963) (a litigant may not appeal each adverse evidentiary ruling).

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