Search | Punch and Jurists

U.S. v. Rodriguez-Felix, No. 05-2142 (10th Cir.) (450 F.3d 1117) (June 2, 2006) (Judge Timothy M. Tymkovich)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Rodriguez-Felix, No. 05-2142 (10th Cir.) (450 F.3d 1117) (June 2, 2006) (Judge Timothy M. Tymkovich) by U.S. v. Rodriguez-Felix, 450 F.3d 1117 (10th Cir. June 2, 2006) (Judge Tymkovich) U.S. v. Brownlee, 454 F.3d 131 (3rd Cir. July 18, 2006) (Judge Ambro) Both of these cases add a …

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (254 F.Supp.2d 602) (March 18, 2003) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (254 F.Supp.2d 602) (March 18, 2003) (Judge Robert E. Payne) by The defendant in this case was charged with interference with commerce by force and possession and discharge of a firearm in furtherance of a crime of violence in connection with the attempted …

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (234 F.Supp.2d 595) (December 19, 2002) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (234 F.Supp.2d 595) (December 19, 2002) (Judge Robert E. Payne) by Technically, the defendant in this case, Cornelius Lester, was charged with “interference with commerce by force” in violation of 18 U.S.C. § 1951. In the wonderful world of Federal criminal law parlance, …

U.S. v. Shwayder, No. 01-10156 (9th Cir.) (312 F.3d 1109) (December 5, 2002) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Shwayder, No. 01-10156 (9th Cir.) (312 F.3d 1109) (December 5, 2002) (Judge Marsha L. Berzon) by

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley) by This decision is noted principally for its probing discussion and perceptive analysis of the factors that bear on the reliability of eyewitness identification - although this case also demonstrates an appalling example …

Watkins v. Sowders, No. 79-5949 (U.S. Supreme Court) (449 U.S. 341; 101 S.Ct. 654) (January 13, 1981) (Justice Stewart)

Article • July 5, 1999

Filed under: Punch And Jurists, Eyewitness Testimony

Watkins v. Sowders, No. 79-5949 (U.S. Supreme Court) (449 U.S. 341; 101 S.Ct. 654) (January 13, 1981) (Justice Stewart) by The Court did, however, leave open the possibility that "in some circumstances . . . Such a determination [outside the jury's presence] may be constitutionally necessary." (Id., at 349). Case …

U.S. v. Hines, No. 97-CR-10336-NG (D.Mass.) (55 F.Supp.2d 62) (June 11, 1999) (Judge Nancy Gertner)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Hines, No. 97-CR-10336-NG (D.Mass.) (55 F.Supp.2d 62) (June 11, 1999) (Judge Nancy Gertner) by In this case the defendant was tried on a charge of bank robbery. The Government sought to present a handwriting expert's testimony regarding a match between the stick-up note used by the robber and …

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica) by The Court affirmed a lower court decision to preclude expert testimony as to whether defendant' mental disorders “precluded him from forming the intent to defraud” on the grounds that such questions would …

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica)

Article • January 1, 1999 • from P&J January, 1999

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica) by The Court affirmed a lower court decision to preclude expert testimony as to whether defendant' mental disorders “precluded him from forming the intent to defraud” on the grounds that such questions would …

U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Toms, No. 97-3047 (D.C. Cir.) (136 F.3d 176) (February 27, 1998) (Judge Patricia M. Wald) by Although the Court observed that it has "several times" warned against the evils of mirroring hypothetical questions on the grounds that such questions constitute impermissible expert testimony about the defendant's mental state, …

U.S. v. Damblu, No. 95-1206, No. 710 (2nd Cir.) (134 F.3d 490) (January 22, 1998) (Judge Richard J. Cardamone)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Damblu, No. 95-1206, No. 710 (2nd Cir.) (134 F.3d 490) (January 22, 1998) (Judge Richard J. Cardamone) by This case is noted, briefly, because it explores, equally briefly, the all-too-frequent practice of asking hypothetical “guilt assuming” questions of the defendant’s character witnesses. In this case the defendant was …

U.S. v. Smith, No. 95-8102 (11th Cir.) (122 F.3d 1355) (June 6, 1997) (Per Curiam)

Article • October 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Smith, No. 95-8102 (11th Cir.) (122 F.3d 1355) (June 6, 1997) (Per Curiam) by Court held that expert testimony regarding eyewitness reliability was unadmissible under Daubert.

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson) by This en banc decision reverses an old Ninth Circuit decision, U.S. v. Brodie, 858 F.3d 492 (9th Cir. 1988), which held that Rule 704(b) of the Fed.R.Evid. precluded an expert witness from …

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson) by The court explained the "necessary compulsion test" of Rule 704(b) which prohibits an expert's testimony about whether the defendant had the mens rea for the crime but permits testimony about his mental …

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel) by Despite stating that it was "troubled by such testimony", the court rejected a claim that an expert witness' testimony, where he opined that the quantity of drugs possessed by the defendant signified …

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel) by The defendant in this case was charged with and convicted of possession of crack cocaine with intent to distribute. His defense was that he possessed the drugs for personal consumption and that …

U.S. v. Jordan, No. 95-CR-6051L (W.D.N.Y.) (924 F.Supp. 443) (May 1, 1996) (Judge David G. Larimer)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Eyewitness Testimony

U.S. v. Jordan, No. 95-CR-6051L (W.D.N.Y.) (924 F.Supp. 443) (May 1, 1996) (Judge David G. Larimer) by In this case, citing the standards laid down by the Supreme Court in the Daubert case, Judge Larimer rejects a Government motion to exclude expert testimony in the area of human memory and …

U.S. v. Levine, No. 94-50588 (5th Cir.) (80 F.3d 129) (March 28, 1996) (Judge James L. Dennis)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Hypothetical Questions

U.S. v. Levine, No. 94-50588 (5th Cir.) (80 F.3d 129) (March 28, 1996) (Judge James L. Dennis) by The Court observed that a majority of circuits have found that "hypothetical questions mirroring the fact patterns of the evidence in the trial case [violate Rule 704(b)] when the answering testimony contains …

U.S. v. Valle, No. 95-1832 (1st Cir.) (72 F.3d 210) (December 26, 1995) (Judge Bruce M. Selya)

Article • February 1, 1996 • from P&J February, 1996

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Valle, No. 95-1832 (1st Cir.) (72 F.3d 210) (December 26, 1995) (Judge Bruce M. Selya) by Case held that expert testimony indicating an intent to distribute was not improper opinion testimony on the ultimate issue; and in the process gave a detailed explanation of the history and purpose …

U.S. v. Hayden, No. 94-3349 (3rd Cir.) (64 F.3d 126) (August 28, 1995) (Judge Anthony J. Scirica)

Article • October 1, 1995

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Hayden, No. 94-3349 (3rd Cir.) (64 F.3d 126) (August 28, 1995) (Judge Anthony J. Scirica) by In this case the defendant was convicted of receiving a firearm while under a felony information, in violation of a statute (18 USC § 924(a)(1)(D)) punishing those who "wilfully violate" its provisions. …