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U.S. v. Scott, No. 10-3978-cr (2nd Cir.) (677 F.3d 72) (April 6, 2012) (Judge Rosemary S. Pooler)

Article • December 1, 2012

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Scott, No. 10-3978-cr (2nd Cir.) (677 F.3d 72) (April 6, 2012) (Judge Rosemary S. Pooler) by A conviction for distributing, and possessing with the intent to distribute, a controlled substance is vacated and the case remanded for a new trial, where: 1) the district court abused its discretion …

U.S. v. Corsmeier, No. 08-3668 (6th Cir.) (617 F.3d 417) (August 16, 2010) (Judge Eric L. Clay)

Article • August 23, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Corsmeier, No. 08-3668 (6th Cir.) (617 F.3d 417) (August 16, 2010) (Judge Eric L. Clay) by In June, 2006, Stephanie Corsmeier and Stacey Lester, both of whom worked for a title company, American Security Title (“AST”), were indicted on a number of counts of bank, wire and mail …

U.S. v. McCallum, No. 08-0322-cr (2nd Cir.) (584 F.3d 471) (October 19, 2009) (Judge Barrington D. Jr. Parker)

Article • November 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. McCallum, No. 08-0322-cr (2nd Cir.) (584 F.3d 471) (October 19, 2009) (Judge Barrington D. Jr. Parker) by Defendant's drug distribution convictions are affirmed where the district court abused its discretion in admitting as similar acts evidence two of his prior narcotics convictions, but the error was harmless. [Editor's …

U.S. v. Mercado, No. 08-1017-cr (2nd Cir.) (573 F.3d 138) (July 17, 2009) (Judge Guido Calabresi)

Article • August 1, 2009 • from P&J August, 2009

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Mercado, No. 08-1017-cr (2nd Cir.) (573 F.3d 138) (July 17, 2009) (Judge Guido Calabresi) by Conviction for drug crimes is affirmed where: 1) there was sufficient evidence to support defendant's conviction; and 2) the district court did not abuse its discretion by admitting the prior bad acts evidence …

U.S. v. Matthews, No. 03-15528 (11th Cir.) (431 F.3d 1296) (December 6, 2005) (Per Curiam)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Matthews, No. 03-15528 (11th Cir.) (431 F.3d 1296) (December 6, 2005) (Per Curiam) by Appealing from the United States District Court for the Middle District of Florida after being convicted of conspiracy to distribute cocaine in violation of 21 U.S.C.S. §§ 846, 841(a)(1) and intimidation of witnesses in …

U.S. v. Owens, No. 04-2793 (7th Cir.) (424 F.3d 649) (September 21, 2005) (Judge Ann Claire Williams)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Owens, No. 04-2793 (7th Cir.) (424 F.3d 649) (September 21, 2005) (Judge Ann Claire Williams) by The defendant in this case appealed his conviction for bank robbery, arguing that the district court had abused its discretion by admitting evidence which suggested that he had robbed the same bank …

U.S. v. Matthews, No. 03-15528 (11th Cir.) (411 F.3d 1210) (June 8, 2005) (Judge Gerald B. Tjoflat)

Article • July 1, 2005 • from P&J July, 2005

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Matthews, No. 03-15528 (11th Cir.) (411 F.3d 1210) (June 8, 2005) (Judge Gerald B. Tjoflat) by Here the Court held that the admission of evidence of the defendant’s prior arrest for drug dealing was clearly erroneous, and because the Court could not say that the error did not …

In Re Sealed Case, No. 03-7021 (D.C. Cir.) (381 F.3d 1205) (August 31, 2004) (Judge Merrick B. Garland)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Doctor/Patient Privilege

In Re Sealed Case, No. 03-7021 (D.C. Cir.) (381 F.3d 1205) (August 31, 2004) (Judge Merrick B. Garland) by Here the D.C. Circuit held that the district court had abused its discretion by ordering the production of medical records to opposing counsel in a civil suit, without determining whether those …

White v. Illinois, No. 90-6113 (U.S. Supreme Court) (502 U.S. 346; 112 S.Ct. 736) (January 15, 1992) (Justice Rehnquist)

Article • October 13, 2003

Filed under: Punch And Jurists, Doctor/Patient Privilege

White v. Illinois, No. 90-6113 (U.S. Supreme Court) (502 U.S. 346; 112 S.Ct. 736) (January 15, 1992) (Justice Rehnquist) by In this case the Court held that statements made by a patient for the purposes of medical diagnosis or treatment are an established exception to the hearsay rule because "a …

U.S. v. Chase, No. 01-30200 (9th Cir.) (340 F.3d 978) (August 22, 2003) (Judge Susan P. Graber)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Doctor/Patient Privilege

U.S. v. Chase, No. 01-30200 (9th Cir.) (340 F.3d 978) (August 22, 2003) (Judge Susan P. Graber) by In this case a divided en banc court held that, even though the threats that the defendant communicated to his psychiatrist arguably constituted a crime, the psychotherapist-patient privilege, which is recognized by …

Daubert v. Merrell Dow Pharmaceuticals, Inc., No. 92-102 (U.S. Supreme Court) (509 U.S. 579; 113 S.Ct. 2786) (June 28, 1993) (Justice Blackmun)

Article • May 25, 2003

Filed under: Punch And Jurists, Scientific Testimony or Evidence

Daubert v. Merrell Dow Pharmaceuticals, Inc., No. 92-102 (U.S. Supreme Court) (509 U.S. 579; 113 S.Ct. 2786) (June 28, 1993) (Justice Blackmun) by In this case, the Supreme Court clarified the admissibility requirements for expert scientific testimony by creating a gatekeeping role for trial judges as to the admissibility of …

U.S. v. Thomas, No. 02-1487 (7th Cir.) (321 F.3d 627) (February 25, 2003) (Judge Ann Claire Williams)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Thomas, No. 02-1487 (7th Cir.) (321 F.3d 627) (February 25, 2003) (Judge Ann Claire Williams) by This is an interesting case involving the reversal of convictions based on the improper admission of tattoo evidence and evidence of prior convictions at a trial for unlawful possession of firearms by …

U.S. v. Pickard, No. 00-40103-01/02-RDR (D.Kan.) (211 F.Supp.2d 1287) (June 20, 2002) (Judge Richard Dean Rogers)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Pickard, No. 00-40103-01/02-RDR (D.Kan.) (211 F.Supp.2d 1287) (June 20, 2002) (Judge Richard Dean Rogers) by Here the Court addressed a huge, shopping-list of "accusations and allegations" against its key witness that the Government wanted to prevent the defense from raising or introducing into evidence; which it resolved by …

U.S. v. Beckman, No. 01-50288 (9th Cir.) (298 F.3d 788) (July 26, 2002) (Judge Michael Daly Hawkins)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Beckman, No. 01-50288 (9th Cir.) (298 F.3d 788) (July 26, 2002) (Judge Michael Daly Hawkins) by The defendant in this case argued that the government improperly referred to a prior arrest and prior conviction under the guise of impeachment and that the district court improperly admitted such evidence. …

U.S. v. Knox, No. 01-3000 (7th Cir.) (301 F.3d 616) (August 28, 2002) (Judge Ilana Diamond Rovner)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Knox, No. 01-3000 (7th Cir.) (301 F.3d 616) (August 28, 2002) (Judge Ilana Diamond Rovner) by In this case the Court held that admission of evidence of nine "bad acts" (involving prior drug transactions) under Federal Rule of Evidence 404(b) was proper to prove knowledge of possession and …

U.S. v. Stennett, No. CR. CCB-02-0124 (D.Md.) (208 F.Supp.2d 578) (July 3, 2002) (Judge Catherine C. Blake)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Stennett, No. CR. CCB-02-0124 (D.Md.) (208 F.Supp.2d 578) (July 3, 2002) (Judge Catherine C. Blake) by The Court held that evidence that defendant had possessed unrelated firearm and unrelated ammunition two years earlier was not relevant under Rule 404(b) to whether he he knowingly possessed different firearm on …

U.S. v. Cassell, No. 01-3050 (D.C. Cir.) (292 F.3d 788) (June 11, 2002) (Judge David B. Sentelle)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Cassell, No. 01-3050 (D.C. Cir.) (292 F.3d 788) (June 11, 2002) (Judge David B. Sentelle) by The defendant in this case was convicted of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and possession of a firearm during drug trafficking. During a …

U.S. v. Beckman, No. 01-50288 (9th Cir.) (291 F.3d 586) (May 21, 2002) (Judge Michael Daly Hawkins)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Beckman, No. 01-50288 (9th Cir.) (291 F.3d 586) (May 21, 2002) (Judge Michael Daly Hawkins) by The defendant in this case argued that the government improperly referred to a prior arrest and prior conviction under the guise of impeachment and that the district court improperly admitted such evidence. …

U.S. v. Kurkowski, No. 01-3071 (8th Cir.) (281 F.3d 699) (March 5, 2002) (Judge George G. Fagg)

Article • March 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Kurkowski, No. 01-3071 (8th Cir.) (281 F.3d 699) (March 5, 2002) (Judge George G. Fagg) by United States v. Van Horn, 277 F.3d 48 (1st Cir. 2002) (Judge Lipez) United States v. Kurkowski, No. 01-3071 (8th Cir. 03/05/02) (Judge Fagg) The continued use by the Government of highly …

U.S. v. Van Horn, No. 00-2275 (1st Cir.) (277 F.3d 48) (January 14, 2002) (Judge Kermit A. Lipez)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Van Horn, No. 00-2275 (1st Cir.) (277 F.3d 48) (January 14, 2002) (Judge Kermit A. Lipez) by United States v. Van Horn, 277 F.3d 48 (1st Cir. 2002) (Judge Lipez) United States v. Kurkowski, No. 01-3071 (8th Cir. 03/05/02) (Judge Fagg) The continued use by the Government of …