Search | Punch and Jurists

U.S. v. Monteleone, No. 95-1994 (8th Cir.) (77 F.3d 1086) (February 29, 1996) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Monteleone, No. 95-1994 (8th Cir.) (77 F.3d 1086) (February 29, 1996) (Judge Floyd R. Gibson) by This decision reviews an important, but frequently misunderstood, limitation on the prosecution's ability to present impeachment evidence in response to a defendant's introduction of "character evidence." Under the Rule 404(a)(1) of the …

U.S. v. Merriweather, No. 93-4217 (6th Cir.) (78 F.3d 1070) (March 14, 1996) (Judge James L. Ryan)

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

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

U.S. v. Merriweather, No. 93-4217 (6th Cir.) (78 F.3d 1070) (March 14, 1996) (Judge James L. Ryan) by The defendant in this case was convicted of a drug conspiracy, and he appealed on the grounds that Judge Matia had erroneously admitted some taped conversations between him and persons who were …

U.S. v. Russo, No. 95-1123, No. 372 (2nd Cir.) (74 F.3d 1383) (January 11, 1996) (Judge James L. Oakes)

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

Filed under: Punch And Jurists, Summation

U.S. v. Russo, No. 95-1123, No. 372 (2nd Cir.) (74 F.3d 1383) (January 11, 1996) (Judge James L. Oakes) by Court held it was harmless error for the prosecution to introduce new matters during its rebuttal summation because they did not result in substantial prejudice to the defendant. One of …

U.S. v. Morgan, No. 94-40048 (D.Kan.) (911 F.Supp. 1340) (December 4, 1996) (Judge Sam A. Crow)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Morgan, No. 94-40048 (D.Kan.) (911 F.Supp. 1340) (December 4, 1996) (Judge Sam A. Crow) by Court upheld a broad rummaging search under the exclusionary rule, despite the defendant's claims that the warrant effectively authorized a general rummaging of his property.

Ricketts v. City of Hartford, No. 94-7422, No. 443 (2nd Cir.) (74 F.3d 1397) (January 17, 1996) (Judge J. Daniel Mahoney)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

Ricketts v. City of Hartford, No. 94-7422, No. 443 (2nd Cir.) (74 F.3d 1397) (January 17, 1996) (Judge J. Daniel Mahoney) by Case held that Rule 608(b) does not preclude impeachment evidence that demonstrates the witness's bias. Case held that Fed.R.Evid. 608(b) --which generally precludes proof by extrinsic evidence of …

U.S. v. Brown, No. 94-50823 (5th Cir.) (71 F.3d 1158) (December 21, 1995) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Identification Evidence and Testimony

U.S. v. Brown, No. 94-50823 (5th Cir.) (71 F.3d 1158) (December 21, 1995) (Judge Patrick E. Higginbotham) by This is one of the rare cases in which a conviction is overturned because of the improper use of "other crimes" evidence under Rule 404(b) of the Fed.R.Evid. In cross-examining a defense …

U.S. v. Butler, No. 94-3656 (7th Cir.) (71 F.3d 243) (November 27, 1995) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Butler, No. 94-3656 (7th Cir.) (71 F.3d 243) (November 27, 1995) (Judge Joel L. Flaum) by The defendant in this case was charged with possession of a firearm as a convicted felon. He argues that because the possession charge was a strict liability crime, the only issue at …

U.S. v. Manzer, No. 95-1455 (8th Cir.) (69 F.3d 222) (October 27, 1995) (Judge Floyd R. Gibson)

Article • December 1, 1995

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Manzer, No. 95-1455 (8th Cir.) (69 F.3d 222) (October 27, 1995) (Judge Floyd R. Gibson) by Case held that restitution is generally not appropriate when it would represent double recovery by the victim.

U.S. v. Pulido, No. 94-3094 (7th Cir.) (69 F.3d 192) (November 2, 1995) (Judge John L. Coffey)

Article • December 1, 1995

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

U.S. v. Pulido, No. 94-3094 (7th Cir.) (69 F.3d 192) (November 2, 1995) (Judge John L. Coffey) by This case is cited only because it shows the double standards that are applied to Rule 403 of the Fed. R.Evid. when a Government informant testifies and when he is cross-examined. That …

U.S. v. Bethancourt, No. 94-5670 (3rd Cir.) (65 F.3d 1074) (September 6, 1995) (Judge Max Rosenn)

Article • October 1, 1995

Filed under: Punch And Jurists, Summation

U.S. v. Bethancourt, No. 94-5670 (3rd Cir.) (65 F.3d 1074) (September 6, 1995) (Judge Max Rosenn) by "Despite our best efforts, some prosecutors continue to engage in behavior that can only corrupt the judicial process and undermine the very investigative and prosecutorial resources they seek to serve. They apparently do …

U.S. v. Bennett, No. 95-1051 (1st Cir.) (60 F.3d 902) (July 31, 1995) (Judge Conrad K. Cyr)

Article • September 1, 1995

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Bennett, No. 95-1051 (1st Cir.) (60 F.3d 902) (July 31, 1995) (Judge Conrad K. Cyr) by Case held that settlement of defendant's civil suit with financial institution did not warrant a downward departure. This is the second appeal by the Government of a sentence imposed by Judge Harrington, …

U.S. v. Thomas, No. 95-1209 (8th Cir.) (58 F.3d 1318) (July 5, 1995) (Judge Frank J. Magill)

Article • August 1, 1995

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Thomas, No. 95-1209 (8th Cir.) (58 F.3d 1318) (July 5, 1995) (Judge Frank J. Magill) by In this case, the Eighth Circuit adopted the rule followed by the Second and Ninth Circuits which holds that when a defendant denies only the criminal act, he does not place his …

U.S. v. Boyd, No. 92-3020 (D.C. Cir.) (55 F.3d 667) (May 30, 1995) (Judge Harry T. Edwards)

Article • July 1, 1995

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Boyd, No. 92-3020 (D.C. Cir.) (55 F.3d 667) (May 30, 1995) (Judge Harry T. Edwards) by The decision in this case explores the parameters of Rule 704(b) which prohibits an expert witness from testifying as to whether the defendant had "the mental state . . . constituting an …

U.S. v. Aguilar-Aranceta, No. 93-2346 (1st Cir.) (58 F.3d 796) (July 13, 1995) (Judge Juan R. Torruella)

Article • January 1, 1995

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

U.S. v. Aguilar-Aranceta, No. 93-2346 (1st Cir.) (58 F.3d 796) (July 13, 1995) (Judge Juan R. Torruella) by A very rare case involving Rule 404(b) of the Fed.R.Evid. where the court actually vacates a conviction because the probative value of introducing evidence of the defendant's prior conviction of a similar …

Rosen v. CIBA-Geigy, No. 95-3064 (7th Cir.) (78 F.3d 316) (March 11, 1996) (Judge Richard A. Posner)

Article • January 1, 1995

Filed under: Punch And Jurists, Daubert Standards

Rosen v. CIBA-Geigy, No. 95-3064 (7th Cir.) (78 F.3d 316) (March 11, 1996) (Judge Richard A. Posner) by While this is not a criminal case, the decision does include an informative discussion of the use of scientific evidence under Rule 702 of the Fed.R.Evid. and the Daubert case.

U.S. v. Hart, No. 92-2144 (6th Cir.) (70 F.3d 854) (November 16, 1995) (Judge Nathaniel R. Jones)

Article • January 1, 1995

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Hart, No. 92-2144 (6th Cir.) (70 F.3d 854) (November 16, 1995) (Judge Nathaniel R. Jones) by This is one of those cases that shows how easy it is for the prosecutor to evade the requirements of Rule 404(b) of the Fed.R.Crim.P. That Rule prohibits the introduction of "character …

U.S. v. Lloyd, No. 94-3665 (7th Cir.) (71 F.3d 1256) (December 5, 1995) (Judge John L. Coffey)

Article • January 1, 1995

Filed under: Punch And Jurists, Gang Membership

U.S. v. Lloyd, No. 94-3665 (7th Cir.) (71 F.3d 1256) (December 5, 1995) (Judge John L. Coffey) by The Seventh Circuit approves the use of evidence, under Rule 404(b), showing that the defendant was a member of a street gang and that he had been subject to two assassination attempts …

U.S. v. Shoffner, No. 94-2585 (8th Cir.) (71 F.3d 1429) (December 21, 1995) (Judge David R. Hansen)

Article • January 1, 1995

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Shoffner, No. 94-2585 (8th Cir.) (71 F.3d 1429) (December 21, 1995) (Judge David R. Hansen) by The Court holds that evidence that the defendant had been convicted six years previously on state drug charges was admissible under Rule 404(b) to prove motive, intent, preparation, plan and knowledge in …

U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald)

Article • January 1, 1995

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

U.S. v. Mitchell, No. 94-3003 (D.C. Cir.) (49 F.3d 769) (April 27, 1995) (Judge Patricia M. Wald) by While this decision is neither significant nor scintillating, it does review two important issues that arise frequently in criminal trials; namely, the introduction into evidence of "other bad acts" of the defendant …

U.S. v. Santiago, No. 93-50375 (9th Cir.) (46 F.3d 885) (January 24, 1995) (Judge Dorothy Wright Nelson)

Article • January 1, 1995

Filed under: Punch And Jurists, Gang Membership

U.S. v. Santiago, No. 93-50375 (9th Cir.) (46 F.3d 885) (January 24, 1995) (Judge Dorothy Wright Nelson) by In a case dealing with Rule 404(b) [which is supposed to bar evidence of "other crimes" because of the prejudicial effect that such evidence will have on the jury], this case holds …