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Article • November 1, 1997 • from P&J November, 1997
U.S. v. Figueroa-Lopez, No. 96-50243 (9th Cir.) (125 F.3d 1241) (September 9, 1997) (Judge Stephen S. Trott) by Failure of Government to provide notice of its plan to use expert witness was not reversible error absent a showing of prejudice.
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Griffith, No. 96-30655 (5th Cir.) (118 F.3d 318) (July 17, 1997) (Judge Fortunato P. Benavides) by Here the Court held that it was proper for a DEA agent to testify about the meaning of various wiretapped conversations, even though she had not been qualified as an expert. Citing …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Gonzalez-Maldonado, No. 96-1120 (1st Cir.) (115 F.3d 9) (May 30, 1997) (Judge Juan R. Torruella) by Case held it was reversible error for the trial court to have excluded psychiatric testimony regarding witness' testimony to exaggerate, where witness was incompetent to testify. Case held that its is well …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver) by Case held that under Daubert a doctor should have been permitted to testify that the defendant suffered from a compulsive gambling disorder. This case is noted for its extended discussion of the …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham) by An important and widely-publicized bank fraud conviction was overturned in this case because the Government failed to adhere to some of the Rules of Evidence, particularly Rules 403, 701 and 801. The …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham) by Conviction reversed based on violations of Federal Rules of Evidence including failure to qualify bank examiner as an expert.
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald) by An important and widely-publicized bank fraud conviction was overturned in this case because the Government failed to adhere to some of the Rules of Evidence, particularly Rules 403, 701 and 801. The …
Article • November 1, 1996 • from P&J November, 1996
U.S. v. Catlett, No. 93-3189 (D.C. Cir.) (97 F.3d 565) (October 11, 1996) (Judge Harry T. Edwards) by One of the issues raised in this case was whether a police officer's qualification as an expert witness unfairly bolstered his credibility as a fact witness. In support of this claim, the …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr) by Case held that expert qualifications were not required before admitting testimony by undercover officer, that he had never seen drug dealers bring casual innocent observer to drug deal.
Article • January 1, 1994
Starr v. Lockhart, No. 92-1466 (8th Cir.) (23 F.3d 1280) (May 2, 1994) (Judge C. Arlen Beam) by Case held that capital defendant's due process right to expert assistance was not satisfied by court-ordered examination, suggesting that the amount of funds awarded for expert psychiatric assistance relates directly to competency …
Article • January 1, 1994
U.S. v. Sanchez-Galvez, No. 93-1665 (7th Cir.) (33 F.3d 829) (August 29, 1994) (Judge William J. Bauer) by Case affirmed convictions despite Government's failue to give Rule 16 notice of expert testimony - but in large part because the defendants were given time to depose the witness before trial.
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