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Article • January 1, 1994
U.S. v. Perkins, No. 88-5237 (9th Cir.) (937 F.2d 1397) (July 1, 1991) (Judge Pamela Ann Rymer) by Case held that evidence of a prior conviction was not admissible as identity evidence because it was "not sufficiently distinctive to warrant an inference that the person who committed the crime also …
Article • January 1, 1994
U.S. v. $191,910.00 in U.S. Currency, No. 92-15583 (9th Cir.) (16 F.3d 1051) (February 18, 1994) (Judge Stephen Reinhardt) by "After the district court granted his motion to suppress, Morgan moved for summary judgment on the ground that the government had failed to show probable cause for the institution of …
Article • January 1, 1994
U.S. v. Wilson, No. 94-1148 (7th Cir.) (31 F.3d 510) (August 2, 1994) (Judge John L. Coffey) by Here the Court held that "Under Federal Rule of Evidence 404(b), evidence of other misconduct is not admissible to show that the defendant acted in conformity therewith, but may be admissible for …
Article • January 1, 1994
U.S. v. Carroll, No. 93-5030 (6th Cir.) (26 F.3d 1380) (June 22, 1994) (Judge Nathaniel R. Jones) by In reversing a conviction based on non-flagrant, but improper, prosecutorial vouching, the Court stated that upon a finding that such comments were improper, it should then look to see if they were …
Article • January 1, 1994
U.S. v. $67,220.00 in United States Currency, No. 91-5645 (6th Cir.) (957 F.2d 280) (February 28, 1992) (Judge Ralph B Jr. Guy) by But see U.S. v. $191,910 in U.S. Currency, 16 F.3d 1051 (9th Cir. 1994); U.S. v. One Lot of U.S. Currency ($36,634), 103 F.3d 1048 (9th Cir. …
Article • January 1, 1994
U.S. v. Powers, No. 93-5944 (4th Cir.) (59 F.3d 1460) (April 14, 1995) (Judge Karen J. Williams) by The defendant in this case was convicted of aggravated sexual abuse of a minor in violation of 18 U.S.C.S. § 2241(c) for repeatedly raping his daughter over the course of ten months …
Article • January 1, 1994
Tabron v. Grace, No. Civ.A. No. 1:CV-89-0633 (M.D.Pa.) (898 F.Supp. 293) (September 28, 1995) (Judge Sylvia H. Rambo) by The incarcerated defendant brought a civil rights case under 42 U.S.C. § 1983 and he sought an order precluding the defendants from introducing into evidence his criminal convictions. Surprisingly, Judge Rambo …
Article • January 1, 1994
U.S. v. Quinn, No. 92-10452 (9th Cir.) (18 F.3d 1466) (March 17, 1994) (Judge Mary M. Schroeder) by In discussing the use of "identity" evidence, the Court held that the prior crime must be "so similar in their circumstances as to guarantee a reasonable liklihood that they were committed by …
Article • January 1, 1994
U.S. v. $91,960.00, No. 89-1335 (8th Cir.) (897 F.2d 1457) (March 14, 1990) (Judge Myron H. Bright) by Here the Eighth Circuit held that post-complaint evidence is not admissible when the Government is seeking to establish probable cause for a forfeiture hearing.
Article • January 1, 1994
U.S. v. Sanchez, No. 93-2112 (10th Cir.) (24 F.3d 1259) (May 20, 1994) (Judge Monroe G. McKay) by In analyzing the question of whether a photo-array was impermissibly suggestive, the Court invoked the following inquiry: "When the constitutionality of a photo array is challenged, the due process clause requires a …
Article • January 1, 1994
U.S. v. Premises & Real Property at 4492 S. Livonia Rd., No. 88-6040, No. 71 (2nd Cir.) (889 F.2d 1258) (August 30, 1989) (Judge Wilfred Feinberg) by Case held that the Government is not precluded from using post-complaint evidence to prove probable cause at a forfeiture hearing; thus the court …
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