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U.S. v. Wells, No. 14-30146 (9th Cir.) (879 F.3d 900) (January 11, 2018) (Judge Donald E. Walter)

Article • January 15, 2018 • from P&J January, 2018

Filed under: Punch And Jurists, Profiling Evidence

U.S. v. Wells, No. 14-30146 (9th Cir.) (879 F.3d 900) (January 11, 2018) (Judge Donald E. Walter) by Here the Court held that districy court committed reversible error by allowing the Government to use criminal profile testimony as substantive evidence of guilt without regard to Rules 403, 404(a)(1) and 404(b) …

U.S. v. Boswell, No. 13-3641 (7th Cir.) (772 F.3d 469) (November 26, 2014) (Judge William J. Bauer)

Article • February 2, 2015 • from P&J February, 2015

Filed under: Punch And Jurists, Tattoo Evidence

U.S. v. Boswell, No. 13-3641 (7th Cir.) (772 F.3d 469) (November 26, 2014) (Judge William J. Bauer) by

U.S. v. Dupree, No. 11-5115-cr (2nd Cir.) (706 F.3d 131) (January 28, 2013) (Judge Debra Ann Livingston)

Article • December 1, 2013

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Dupree, No. 11-5115-cr (2nd Cir.) (706 F.3d 131) (January 28, 2013) (Judge Debra Ann Livingston) by State court temporary restraining order sought to be introduced by the government as evidence of defendant's state of mind is being offered for a non-hearsay purpose, and the district court erred in …

U.S. v. Cunningham, No. 10-4021 (3rd Cir.) (694 F.3d 372) (September 18, 2012) (Judge Kent A. Jordan)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Graphic and Inflammatory Evidence

U.S. v. Cunningham, No. 10-4021 (3rd Cir.) (694 F.3d 372) (September 18, 2012) (Judge Kent A. Jordan) by This is an important child pornography decision that helps bring a bit of sanity to highly graphic child pornography trials and shows a way to temper the common trial tactic of overwhelming …

U.S. v. Greer, No. 09-4362-cr (2nd Cir.) (631 F.3d 608) (February 4, 2011) (Judge John M. Jr. Walker)

Article • December 1, 2011

Filed under: Punch And Jurists, Tattoo Evidence

U.S. v. Greer, No. 09-4362-cr (2nd Cir.) (631 F.3d 608) (February 4, 2011) (Judge John M. Jr. Walker) by [Editor's Note: For a commentary on this decision, see "The Chose Tattoo," by Steve Statsinger, as posted on the Second Circuit Blog on February 13, 2011 at http://circuit2.blogspot.com/2011/02/chose-tattoo.html as follows: Michael …

U.S. v. Williams, No. 08-5151-cr (2nd Cir.) (585 F.3d 703) (October 27, 2009) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Williams, No. 08-5151-cr (2nd Cir.) (585 F.3d 703) (October 27, 2009) (Judge Joseph M. McLaughlin) by Defendant's firearm possession conviction is vacated where the district court erred by admitting evidence that defendant had been in an apartment from which weapons and drugs were later recovered. [Editor's Note: For …

U.S. v. Royer, No. 06-4081-cr (2nd Cir.) (549 F.3d 886) (December 17, 2008) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Royer, No. 06-4081-cr (2nd Cir.) (549 F.3d 886) (December 17, 2008) (Judge Jed S. Rakoff) by In a case where racketeering conspiracists ran a subscription website recommending stock short-sales on the basis of misappropriated information: 1) venue was proper where seven site subscribers resided in the Eastern District …

U.S. v. Massino, No. 07-1618-cr (2nd Cir.) (546 F.3d 123) (October 10, 2008) (Per Curiam)

Article • December 1, 2008 • from P&J December, 2008

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Massino, No. 07-1618-cr (2nd Cir.) (546 F.3d 123) (October 10, 2008) (Per Curiam) by Conviction and sentence for conspiring to racketeer, illegal gambling, and conspiring to collect credit through extortionate means is affirmed where: 1) though lower court erred in admitting certain testimony by a witness and his …

U.S. v. Pepin, No. 06-1462-cr(L) (2nd Cir.) (514 F.3d 193) (February 6, 2008) (Judge Robert D. Sack)

Article • March 1, 2008 • from P&J March, 2008

Filed under: Punch And Jurists, Gruesome Evidence

U.S. v. Pepin, No. 06-1462-cr(L) (2nd Cir.) (514 F.3d 193) (February 6, 2008) (Judge Robert D. Sack) by In case where defendant awaits trial on charges eligible for the death penalty, order excluding evidence of post-mortem dismemberment of the victims is vacated as: 1) to the extent that the district …

U.S. v. Cunningham, No. 05-1515 (7th Cir.) (462 F.3d 708) (August 29, 2006) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Cunningham, No. 05-1515 (7th Cir.) (462 F.3d 708) (August 29, 2006) (Judge Michael S. Kanne) by After a jury trial, the three defendants in this case were convicted of various drug charges; and they were sentenced, respectively, to life imprisonment, 420 months and 300 months in prison. On …

U.S. v. Ramirez, No. 405CR3034 (D.Neb.) (383 F.Supp.2d 1179) (August 19, 2005) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Ramirez, No. 405CR3034 (D.Neb.) (383 F.Supp.2d 1179) (August 19, 2005) (Judge Richard G. Kopf) by The defendant in this case was charged with drug crimes after drugs were discovered in the car in which he was a passenger. He moved to introduce the testimony of a “well-credentialed sociologist” …

U.S. v. Felton, No. 03-1441 (1st Cir.) (417 F.3d 97) (July 29, 2005) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Felton, No. 03-1441 (1st Cir.) (417 F.3d 97) (July 29, 2005) (Judge Michael Boudin) by Here the Court refused to grant any relief based on the prosecution's repeated use of the word “terrorist” to describe the defendants and their actions at trial - even though the defendants were …

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 786) (June 9, 2005) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 786) (June 9, 2005) (Judge William K. III Sessions) by Defendant, who was on trial for capital murder, challenged a juror for cause, arguing that the juror was not able to fairly consider certain kinds of mitigating evidence and impartially weigh expert …

U.S. v. Burns, No. 00-5839 (6th Cir.) (298 F.3d 523) (July 29, 2002) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Burns, No. 00-5839 (6th Cir.) (298 F.3d 523) (July 29, 2002) (Judge Ronald Lee Gilman) by Among the many issues covered in this appeal was a challenge to the Governmment's use, during its opening, of a Power Point slide presentation which contained a number if images (e.g., large …

Holbrook v. Flynn, No. 84-1606 (U.S. Supreme Court) (475 U.S. 560; 106 S.Ct. 1340) (March 26, 1986) (Justice Marshall)

Article • July 7, 2001

Filed under: Punch And Jurists, Prejudice - Potential for Undue

Holbrook v. Flynn, No. 84-1606 (U.S. Supreme Court) (475 U.S. 560; 106 S.Ct. 1340) (March 26, 1986) (Justice Marshall) by Here the Court held that the deployment of uniformed security officers in a courtroom does not create an inherent danger that the jury may form the impression that the defendant …

U.S. v. Varoudakis, No. 99-1696 (1st Cir.) (233 F.3d 113) (December 4, 2000) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Varoudakis, No. 99-1696 (1st Cir.) (233 F.3d 113) (December 4, 2000) (Judge Kermit A. Lipez) by United States v. Wash, 231 F.3d 366 (7th Cir. 2000) (Judge Flaum) United States v. Varoudakis, 233 F.3d 113 (1st Cir. 2000) (Judge Lipez) It doesn’t take a genius to recognize that, …

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White)

Article • February 20, 2000

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White) by Case held that any statute of limitations incorporates an "irrebutable presumption" that, beyond the period of limitation, "a defendant's right to a fair trial would be prejudiced." (Id., at 322). …

U.S. v. Prawl, No. 98-1259, No. 885 (2nd Cir.) (168 F.3d 622) (February 19, 1999) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Prawl, No. 98-1259, No. 885 (2nd Cir.) (168 F.3d 622) (February 19, 1999) (Judge Dennis G. Jacobs) by The defendant appealed his conviction on four drug related offenses arguing that the district court omitted from the jury charge several requested instructions, including one directing the jury to disregard …

U.S. v. James, No. 96-30081 (9th Cir.) (169 F.3d 1210) (March 9, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. James, No. 96-30081 (9th Cir.) (169 F.3d 1210) (March 9, 1999) (Judge John T. Jr. Noonan) by Reversing a decision reported at 139 F.3d 748, the en banc court held that the district court erred in excluding relevant evidence corroborating the defendant's self-defense theory that her boyfriend was …

U.S. v. Wilson, No. 95-30998 (5th Cir.) (116 F.3d 1066) (June 26, 1997) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Wilson, No. 95-30998 (5th Cir.) (116 F.3d 1066) (June 26, 1997) (Judge Emilio M. Garza) by Among the many issues raised in this case, the court held that one defendant was unduly prejudiced by a joint trial with co-defendants who were the only witnesses who could verify his …