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U.S. v. Sebaggala, No. 99-1349 (1st Cir.) (256 F.3d 59) (July 16, 2001) (Judge Bruce M. Selya)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Sebaggala, No. 99-1349 (1st Cir.) (256 F.3d 59) (July 16, 2001) (Judge Bruce M. Selya) by The defendant in this case, the Mayor of the capitol city of Kampala, Uganda, was charged with a number of crimes stemming from his currency exchange business in Uganda. Among the charges …

Alcorta v. Texas, No. 139 (U.S. Supreme Court) (355 U.S. 28; 78 S.Ct. 103) (November 12, 2057) (Per Curiam)

Article • January 16, 2001

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Alcorta v. Texas, No. 139 (U.S. Supreme Court) (355 U.S. 28; 78 S.Ct. 103) (November 12, 2057) (Per Curiam) by In this case the Court was confronted with a prosecutor who on direct examination knowingly allowed a witness to create a false impression of his disputed relationship with the defendant's …

Mooney v. Holohan, No. None (U.S. Supreme Court) (294 U.S. 103; 55 S.Ct. 340) (January 21, 2035) (Per Curiam)

Article • January 16, 2001

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Mooney v. Holohan, No. None (U.S. Supreme Court) (294 U.S. 103; 55 S.Ct. 340) (January 21, 2035) (Per Curiam) by In this case, the petitioner alleged that "the sole basis of his conviction was perjured testimony, which was knowingly used by prosecuting authorities in order to obtain that conviction . …

Pyle v. Kansas, No. 50 (U.S. Supreme Court) (317 U.S. 213; 63 S.Ct. 177) (December 7, 2042) (Justice Murphy)

Article • January 16, 2001

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Pyle v. Kansas, No. 50 (U.S. Supreme Court) (317 U.S. 213; 63 S.Ct. 177) (December 7, 2042) (Justice Murphy) by Here, continuing to express its serious concerns about the use of perjured testimony to achieve convictions (concerns first expressed in Mooney v. Holohan, 294 U.S. 103 (1935), the Court observed: …

Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott) by Here the Court vacated a murder conviction and ordered a new trial because the prosecution shirked its duty by ignoring, if not burying, potentially important exculpatory evidence …

U.S. v. Williams, No. 00-3003 (D.C. Cir.) (233 F.3d 592) (December 8, 2000) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Williams, No. 00-3003 (D.C. Cir.) (233 F.3d 592) (December 8, 2000) (Judge A. Raymond Randolph) by We first visited the escapades of Detective Johnny St. Valentine-Brown (Brown) in U.S. v. Jones, 84 F.Supp.2d 124 (D.D.C. 1999) (P&J, 3/27/00), where we noted that the District of Columbia’s “resident narcotics …

U.S. v. Jones, No. 98-CR-359 (D.D.C.) (84 F.Supp.2d 124) (December 13, 1999) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Jones, No. 98-CR-359 (D.D.C.) (84 F.Supp.2d 124) (December 13, 1999) (Judge Stanley Sporkin) by Here Judge Sporkin granted a new trial based on newly discovered evidence that a police expert witness had falsified his education and credentials, rejecting a Government claim that the decision would have a precedential …

Briscoe v. LaHue, No. 81-1404 (U.S. Supreme Court) (460 U.S. 325; 103 S.Ct. 1108) (March 7, 1983) (Justice Stevens)

Article • February 10, 2000

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Briscoe v. LaHue, No. 81-1404 (U.S. Supreme Court) (460 U.S. 325; 103 S.Ct. 1108) (March 7, 1983) (Justice Stevens) by The specific question before the court in this case was "whether a police officer who commits perjury during a state court criminal trial should be granted absolute immunity from civil …

U.S. v. Williams, No. 99-33 (TFH) (D.D.C.) (77 F.Supp.2d 109) (November 24, 1999) (Judge Thomas F. Hogan)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Williams, No. 99-33 (TFH) (D.D.C.) (77 F.Supp.2d 109) (November 24, 1999) (Judge Thomas F. Hogan) by Here the Court denied a motion for a new trial, pursuant to Fed.R.Crim.P. 33, based on newly discovered evidence that a police witness, Detective Johnny St. Valentine Brown, who testified as an …

Franklin v. Terr, No. 98-16843 (9th Cir.) (201 F.3d 1098) (February 2, 2000) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Franklin v. Terr, No. 98-16843 (9th Cir.) (201 F.3d 1098) (February 2, 2000) (Judge Harry Pregerson) by Here, joining decisions from the 7th, 8th and 10th Circuits, the 9th Circuit held that witnesses have absolute immunity from damages under 42 USC § 1983, even when they conspire to present perjured …

U.S. v. Huddleston, No. 99-1144 (1st Cir.) (194 F.3d 214) (October 19, 1999) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Huddleston, No. 99-1144 (1st Cir.) (194 F.3d 214) (October 19, 1999) (Judge Bruce M. Selya) by The Court stated the issue as follows: "For many years, the courts of appeals have been divided over what legal standard obtains when a convicted defendant premises a motion for new trial …

U.S. v. Torrez-Ortega, No. 97-8094 (10th Cir.) (184 F.3d 1128) (July 1, 1999) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Torrez-Ortega, No. 97-8094 (10th Cir.) (184 F.3d 1128) (July 1, 1999) (Judge Carlos Lucero) by here the Court held that a witness who asserts an illegitimate claim of privilege and refuses to answer questions at trial is not sufficiently "available" for cross-examination to satisfy the requirements of the …

Bronston v. U.S., No. 71-1011 (U.S. Supreme Court) (409 U.S. 352; 93 S.Ct. 595) (January 10, 1973) (Justice Burger)

Article • April 10, 1999

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Bronston v. U.S., No. 71-1011 (U.S. Supreme Court) (409 U.S. 352; 93 S.Ct. 595) (January 10, 1973) (Justice Burger) by Essentially this case established what has become to be known as the "literal truth" defense and the "stark contrast" rule. Thus the Court held that an unresponsive statement of a …

U.S. v. Salerno, No. 91-872 (U.S. Supreme Court) (505 U.S. 317; 112 S.Ct. 2503) (June 19, 1992) (Justice Thomas)

Article • January 3, 1999

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Salerno, No. 91-872 (U.S. Supreme Court) (505 U.S. 317; 112 S.Ct. 2503) (June 19, 1992) (Justice Thomas) by Case held that former testimony may not be introduced under Rule 804(b)(1) without a showing of "similar motive"; and noted that nothing suggests that a court may admit former testimony …

U.S. v. DeZarn, No. 97-5156 (6th Cir.) (157 F.3d 1042) (October 14, 1998) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. DeZarn, No. 97-5156 (6th Cir.) (157 F.3d 1042) (October 14, 1998) (Judge Gerald E. Rosen) by This is a case that might cause some concern to President Clinton and his spin-doctors. The precise issue addressed by the Court was "whether a person may be found guilty of perjury …

U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton) by Court rejected a motion to dismiss an indictment based on allegations that the prosecutor had, knowingly, negligently and with reckless disregard for the truth, presented false evidence to the grand jury. In …

U.S. v. Renteria, No. 96-2139 (10th Cir.) (138 F.3d 1328) (March 16, 1998) (Judge Robert H. McWilliams)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Renteria, No. 96-2139 (10th Cir.) (138 F.3d 1328) (March 16, 1998) (Judge Robert H. McWilliams) by Here the Court held that the district court had erred in sentencing the defendant under § 2J1.3(a) rather than § 2J1.3(c)(1) by concluding that his perjury conviction was not committed "in respect …

U.S. v. Avellino, No. 97-1117, No. 309 (2nd Cir.) (136 F.3d 249) (January 30, 1998) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Constructive/Imputed/Presumed knowledge

U.S. v. Avellino, No. 97-1117, No. 309 (2nd Cir.) (136 F.3d 249) (January 30, 1998) (Judge Amalya Lyle Kearse) by In holding that the Brady rule does not impose an unlimited duty on the prosecutor to inquire of other Government offices, the Court explained that a contrary view would "condemn …

U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin) by In the case the Court agreed that it had been improper for the district court to allow the use of the defendant's prior out-of-court statements under Rule 801(d)(1)(B). The Government had argued, …

U.S. v. O'Keefe, No. 96-31181 (5th Cir.) (128 F.3d 885) (November 11, 1997) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. O'Keefe, No. 96-31181 (5th Cir.) (128 F.3d 885) (November 11, 1997) (Judge Emilio M. Garza) by In this case, the Government brought a series of indictments against a group of defendants charged with participating in a fraud against a medical malpractice insurer. Those indictments listed different factual bases …