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U.S. v. Doyle, No. 96-1542, No. 1352 (2nd Cir.) (130 F.3d 523) (December 4, 1997) (Judge James L. Oakes)

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

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

U.S. v. Doyle, No. 96-1542, No. 1352 (2nd Cir.) (130 F.3d 523) (December 4, 1997) (Judge James L. Oakes) by Case held that "evidence of specific acts is not admissible under fed.R.Evid. 405(b) when character is not an element of the crime charged." (id., at 542).

U.S. v. Wind, No. 97-1810MN (8th Cir.) (128 F.3d 1276) (November 17, 1997) (Judge George G. Fagg)

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

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

U.S. v. Wind, No. 97-1810MN (8th Cir.) (128 F.3d 1276) (November 17, 1997) (Judge George G. Fagg) by The defendant in this case was convicted of one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4); and his Guideline sentencing range was 12 to 18 months. …

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz)

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

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

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz) by Here the Court rejected a claim that the Government improperly withheld favorable evidence by applying tangled distinctions between material evidence under the Brady rule and impeachment evidence under Rule 608. This …

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz)

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

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

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz) by Here the Court rejected a claim that the Government improperly withheld favorable evidence by applying tangled distinctions between material evidence under the Brady rule and impeachment evidence under Rule 608. This …

U.S. v. Olivo, No. 94-5178 (10th Cir.) (80 F.3d 1466) (April 3, 1996) (Judge Mary Beck Briscoe)

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

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

U.S. v. Olivo, No. 94-5178 (10th Cir.) (80 F.3d 1466) (April 3, 1996) (Judge Mary Beck Briscoe) by Case held that Rule 608 is subject to balancing test (under Rule 403) so that probative value of evidence is weighed against prejudicial effect for purposes of relevancy. One of the issues …

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 …

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. 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 …