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Article • January 1, 2002 • from P&J January, 2002
Okai v. Verfuth, No. 99-3277 (7th Cir.) (275 F.3d 606) (December 21, 2001) (Judge John L. Coffey) by Challenges to the rights of prison guards to assert the defense of qualified immunity in civil rights suits have always seemed to scare the courts; yet, in reality, that fear has always …
Article • September 1, 2001 • from P&J September, 2001
U.S. v. Havvard, No. 01-1092 (7th Cir.) (260 F.3d 597) (July 18, 2001) (Judge William J. Bauer) by In U.S. v. Havvard, 117 F.Supp.2d 848 (S.D.Ill. 2000) (P&J, 11/13/00), the defendant challenged the admission into evidence of a fingerprint expert’s testimony that a latent print found on a gun matched …
Article • November 1, 2000 • from P&J November, 2000
U.S. v. Havvard, No. IP00-0043-CR-01-H/F (S.D.Ind.) (117 F.Supp.2d 848) (October 5, 2000) (Judge David F. Hamilton) by Here the court admitted latent fingerprint evidence testimony, holding that it is so reliable that it is “the very archetype of reliable expert testimony” under the Daubert standard - a statement that may …
Article • July 1, 2000 • from P&J July, 2000
Treece v. Hochstetler, No. 99-1283 (7th Cir.) (213 F.3d 360) (May 17, 2000) (Judge John L. Coffey) by Here the Court established a four-prong test to determine the admissibility of other bad acts evidence under Fed.R.Evid. 404(b). First, proof of the other act must be directed towards establishing a matter …
Article • February 1, 2000 • from P&J February, 2000
U.S. v. Morley, No. 98-1894 (3rd Cir.) (199 F.3d 129) (December 8, 1999) (Judge Theodore A. McKee) by The defendant in this case was charged with and convicted of criminal conspiracy, bank fraud, mail fraud and wire fraud arising out of his alleged attestation to a forged signature on a …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Buckley, No. 99-1288 (7th Cir.) (192 F.3d 708) (September 22, 1999) (Judge Richard A. Posner) by Here the Court held that granting a defendant a sentence reduction for acceptance of responsibility after he had engaged in acts to obstruct justice was "inconsistent" with the Guidelines and with common …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. McGee, No. 98-3063 (7th Cir.) (189 F.3d 626) (September 1, 1999) (Judge Kenneth F. Ripple) by In this case, relying on United States v. Fleming, 594 F.2d 598 (7th Cir. 1979), the defendant contended that his statement to a detective was not admissible under Rule 801(d)(2) as an …
Article • October 1, 1999 • from P&J October, 1999
U.S. v. Vega, No. 98-50548 (9th Cir.) (188 F.3d 1150) (August 26, 1999) (Judge Raner C. Collins) by Here the Court vacated a conviction because the Government failed to provide reasonable notice in advance of trial that it intended to use "other crimes" evidence, after the defendant specifically requested such …
Article • October 1, 1999 • from P&J October, 1999
U.S. v. Heath, No. 98-3484 (7th Cir.) (188 F.3d 916) (August 26, 1999) (Judge Kenneth F. Ripple) by Here the Court held that the admission of evidence about a prior crime was improper under Fed.R.Evid. Rule 404(b), both because the prior crime was not similar to the instant charge, and …
Article • September 1, 1999 • from P&J September, 1999
In Re Grand Jury Proceedings (Gregory P. Violette), No. 99-1734 (1st Cir.) (183 F.3d 71) (August 19, 1999) (Judge Bruce M. Selya) by In this case the issue arose in the context of a grand jury investigation into possible bank and mail fraud. The subject of the investigation was accused …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Davis, No. 93-3059 (D.C. Cir.) (181 F.3d 147) (July 13, 1999) (Per Curiam) by The Court observed: "The facts here are similar to those in United States v. Coleman, 631 F.2d 908, 914 (D.C. Cir. 1980), and United States v. Clarke, 24 F.3d 257, 267 (D.C. Cir. 1994), …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Asher, No. 98-1700 (7th Cir.) (178 F.3d 486) (May 21, 1999) (Judge Kenneth F. Ripple) by The Court stated: "The Seventh Circuit has combined the requirements of Rule 404(b) and Rule 403 to create a four-prong test that governs the admission of prior bad acts evidence. See United …
Article • April 19, 1999
Huddleston v. U.S., No. 87-2 (U.S. Supreme Court) (485 U.S. 681; 108 S.Ct. 1496) (May 2, 1988) (Justice Rehnquist) by This is the Supreme Court's leading case on the admissibility of "other crimes" evidence under Rule 404(b), and it established four requirements that govern the admissibility of such evidence. The …
Article • April 1, 1999 • from P&J April, 1999
U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld) by This yarn of a case deals with a novel - albeit obnoxious - Government attempt to expand the parameters of “other crime” evidence under Fed.R.Evid. 404(b). A bank was robbed at gunpoint, …
Article • January 1, 1999 • from P&J January, 1999
U.S. v. Benitez-Meraz, No. 98-1530 (8th Cir.) (161 F.3d 1163) (December 7, 1998) (Judge Donald P. Lay) by United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay) United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott) Both of these cases also deal with limiting …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam) by United States v. Millard, 139 F.3d 1200 (8th Cir. 1998) (Judge Gibson) United States v. Zapata, 139 F.3d 1355 (11th Cir. 1998) (Per Curiam) In criminal trials, one of the oldest and most tenacious …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by United States v. Millard, 139 F.3d 1200 (8th Cir. 1998) (Judge Gibson) United States v. Zapata, 139 F.3d 1355 (11th Cir. 1998) (Per Curiam) In criminal trials, one of the oldest and …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by Court determined that error in admitting evidence about past crimes was only harmless error for husband defendant but not for wife defendant.
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by Some examples of the prejudicial effect on jurors on hearing evidence of past crimes. QUOTE OF THE WEEK - A medley of thoughts on the inherent dangers of letting the jury hear …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam) by QUOTE OF THE WEEK - A medley of thoughts on the inherent dangers of letting the jury hear evidence of past convictions. "The law of evidence places barriers between the jury and a defendant's …
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