from the Iowa District Court for Warren County, Randy V.
Miller appeals the district court's denial of relief from
a violation of a motion in limine. AFFIRMED.
DeVolder of The DeVolder Law Firm, Norwalk, for appellant.
Campbell Helton of Helton Law Firm P.L.L.C., Des Moines, for
by Danilson, C.J., and Potterfield and Bower, JJ.
Jennifer Miller appeals the district court's denial of
relief from a violation of a motion in limine regarding
Miller's prior drug use. We find error was not preserved
and affirm the district court.
Background Facts and Proceedings.
Miller was a tenant at Scotchview Manor Apartments, owned by
Schooler Enterprises, L.P. (Schooler), and managed by
National Property Management Corporation (National). Miller
sued Schooler and National for breach of duty to maintain
habitable premises and other negligence based claims. On
March 7, 2016, the district court granted a motion in limine
regarding "evidence of prior criminal
history." When granting the motion the court said,
"I think, as a preliminary matter, until I hear what
these experts have to say, I'm going to grant the motion
to not refer to marijuana use during opening or voir
dire." The court further explained, "Before we
taint this jury panel, I want to know what these experts are
going to say about the unique hazard associated with
marijuana use to your lungs."
trial was held May 3-6, 2016. During the trial, Schooler and
National cross-examined Miller's physician on the effect
drugs can have on the body:
Q: Smoking meth would introduce toxins into the body,
A: That's right.
Q: Smoking marijuana would cause toxins into the body,