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14-55278 - Brian Mulligan v. James Nichols, et al

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14-55278 - Brian Mulligan v. James Nichols, et al
August 29, 2016
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FILED OPINION (RICHARD R. CLIFTON, SANDRA S. IKUTA and FREDERIC BLOCK) Mulligan has filed a motion for judicial notice of a felony complaint against Officer Nichols arising from the same conduct that was the subject of the sexual assault allegations. The complaint was filed on February 16, 2016, more than two years after the trial concluded. It could not have been considered by the district court at the time it made its evidentiary determinations, so we deny the motion. We do not have reason to consider whether the fact of a felony complaint filed prior to trial would have been admissible. AFFIRMED; Judge: RRC Authoring, FILED AND ENTERED JUDGMENT. [10103596] [14-55278, 14-55763]