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Beech Aircraft Corp. v. Rainey, No. 87-981 (U.S. Supreme Court) (488 U.S. 153; 109 S.Ct. 439) (December 12, 1988) (Justice Brennan)

Article • September 16, 2003

Filed under: Punch And Jurists, Invesitgative Findings

Beech Aircraft Corp. v. Rainey, No. 87-981 (U.S. Supreme Court) (488 U.S. 153; 109 S.Ct. 439) (December 12, 1988) (Justice Brennan) by In this case the plaintiff surviving spouses brought an action against the defendant manufacturer and the defendant service company, which serviced the plane under a contract with the …

Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan)

Article • November 5, 2002

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan) by The Court stated: " We arrive at this conclusion upon two clear lines of decisions which converge to require it. One line of our decisions establishes that criminal confessions …

Ryan v. Miller, No. 01-2122 (2nd Cir.) (303 F.3d 231) (August 28, 2002) (Judge Rosemary S. Pooler)

Article • October 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Hearsay Evidence

Ryan v. Miller, No. 01-2122 (2nd Cir.) (303 F.3d 231) (August 28, 2002) (Judge Rosemary S. Pooler) by In this case, the Second Circuit reversed, for the third time, a 23-year old murder conviction, based on the prosecution’s persistent, backdoor attempts to introduce into evidence an “unreliable” confession of one …

Dutton v. Evans, No. 10 (U.S. Supreme Court) (400 U.S. 74; 91 S.Ct. 210) (October 15, 1970) (Justice Stewart)

Article • August 30, 2002

Filed under: Punch And Jurists, Hearsay Evidence

Dutton v. Evans, No. 10 (U.S. Supreme Court) (400 U.S. 74; 91 S.Ct. 210) (October 15, 1970) (Justice Stewart) by Here a sharply divided Court found the utility of a trial confrontation so remote that it did not require the prosecution to produce a seemingly available witness, thus rejecting hearsay …

Lee v. Illinois, No. 84-6807 (U.S. Supreme Court) (476 U.S. 530; 106 S.Ct. 2056) (June 3, 1986) (Justice Brennan)

Article • August 8, 2002

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

Lee v. Illinois, No. 84-6807 (U.S. Supreme Court) (476 U.S. 530; 106 S.Ct. 2056) (June 3, 1986) (Justice Brennan) by The majority observed that "On one level, the right to confront and cross-examine adverse witnesses contributes to the establishment of a system of criminal justice in which the perception as …

U.S. v. Travis, No. 01-3954 (7th Cir.) (294 F.3d 837) (June 19, 2002) (Judge Kenneth F. Ripple)

Article • August 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Statements - Out of Court

U.S. v. Travis, No. 01-3954 (7th Cir.) (294 F.3d 837) (June 19, 2002) (Judge Kenneth F. Ripple) by Denial of an acceptance-of-responsibility sentence adjustment was not clearly erroneous, based on defendant's comments to probation officials, which demonstrated that he did not fully appreciate the illegality of his actions supporting mail …

Nelson v. O'Neil, No. 336 (U.S. Supreme Court) (402 U.S. 622; 91 S.Ct. 1723) (June 1, 1971) (Justice Stewart)

Article • January 2, 2002

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

Nelson v. O'Neil, No. 336 (U.S. Supreme Court) (402 U.S. 622; 91 S.Ct. 1723) (June 1, 1971) (Justice Stewart) by In this case the Court dealt with a situation where "a co-defendant [took] the stand in his own defense, denie[d] making an alleged out-of-court statement implicating the defendant, and proceed[ed] …

Williamson v. U.S., No. 93-5256 (U.S. Supreme Court) (512 U.S. 594; 114 S.Ct. 2431) (June 27, 1994) (Justice O'Connor)

Article • November 18, 2001

Filed under: Punch And Jurists, Statements Against Interest

Williamson v. U.S., No. 93-5256 (U.S. Supreme Court) (512 U.S. 594; 114 S.Ct. 2431) (June 27, 1994) (Justice O'Connor) by In this case the declarant had lied to the police when he was first interviewed and several hours later he told a different story. When the declarant refused to testify …

Brumley v. Wingard, No. 00-3515 (6th Cir.) (269 F.3d 629) (October 11, 2001) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Witnesses - Availability

Brumley v. Wingard, No. 00-3515 (6th Cir.) (269 F.3d 629) (October 11, 2001) (Judge Karen Nelson Moore) by Here, a divided panel affirmed the issuance of a writ of habeas corpus on the grounds that the state court had committed error when it permitted the use of a videotaped deposition …

U.S. v. Photogrammetric Data Services, Inc., No. 00-4498 (4th Cir.) (259 F.3d 229) (July 30, 2001) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Photogrammetric Data Services, Inc., No. 00-4498 (4th Cir.) (259 F.3d 229) (July 30, 2001) (Judge William B. Jr. Traxler) by The corporate defendant (herein PDS) and the corporate employee, David Webb (Webb), were convicted of various counts of highway project fraud and mail fraud. The charges stemmed from …

U.S. v. Laster, No. 99-6244 (6th Cir.) (258 F.3d 525) (July 26, 2001) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Laster, No. 99-6244 (6th Cir.) (258 F.3d 525) (July 26, 2001) (Judge Eugene E. Jr. Siler) by This case is particularly noted for Judge Moore's dissent in which she disagreed with the majority's "close enough" approach of approving the admission of business records under Rule 807 (the residual …

U.S. v. Grant, No. 99-12052 (11th Cir.) (256 F.3d 1146) (July 10, 2001) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Credibility of Declarant

U.S. v. Grant, No. 99-12052 (11th Cir.) (256 F.3d 1146) (July 10, 2001) (Judge Edward E. Carnes) by Federal Rule of Evidence 806 provides that if the credibility of the declarant is attacked, it may be supported by any evidence which would be admissible for those purposes if he testified …

U.S. v. Riley, No. 98-3012EA (8th Cir.) (236 F.3d 982) (January 18, 2001) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Riley, No. 98-3012EA (8th Cir.) (236 F.3d 982) (January 18, 2001) (Judge Richard S. Arnold) by

Lilly v. Virginia, No. 98-5881 (U.S. Supreme Court) (527 U.S. 116; 119 S.Ct. 1887) (June 10, 1999) (Justice Stevens)

Article • October 21, 2000 • from P&J May, 1999

Filed under: Punch And Jurists, Statements Against Interest

Lilly v. Virginia, No. 98-5881 (U.S. Supreme Court) (527 U.S. 116; 119 S.Ct. 1887) (June 10, 1999) (Justice Stevens) by In this case the Supreme Court addressed what it called "a significant departure from our Confrontation Clause jurisprudence." The petitioner, his brother, and a third defendant were arrested at the …

U.S. v. Cherry, No. 99-7019 (10th Cir.) (217 F.3d 811) (June 12, 2000) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Cherry, No. 99-7019 (10th Cir.) (217 F.3d 811) (June 12, 2000) (Judge Carlos Lucero) by While the decision in this case may have limited application for most criminal defense attorneys, it is noted both for its detailed review of an extremely important concept in criminal law, namely the …

U.S. v. Cherry, No. 99-7019 (10th Cir.) (211 F.3d 575) (May 2, 2000) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Cherry, No. 99-7019 (10th Cir.) (211 F.3d 575) (May 2, 2000) (Judge Carlos Lucero) by Here, taking a broad view of the scope of conspiratorial liability, the Court interpreted the provisions of the new Fed.R.Evid. 804(b)(6) which deals with another exception to the general prohibition against the use …

U.S. v. Santos, No. 99-2934 (7th Cir.) (201 F.3d 953) (January 19, 2000) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Santos, No. 99-2934 (7th Cir.) (201 F.3d 953) (January 19, 2000) (Judge Richard A. Posner) by Here the Court held that the hearsay rule's business records exception applies only to materials that have been created or adopted by the business records keeper and does not apply to information …

U.S. v. Gomez, No. 98-2160 (10th Cir.) (191 F.3d 1214) (September 3, 1999) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Gomez, No. 98-2160 (10th Cir.) (191 F.3d 1214) (September 3, 1999) (Judge Robert H. Henry) by Relying on the Supreme Court's decision in Lilly v. Virginia, 119 S.Ct. 1887 (1999), the Court concluded that the statements in question neither fell into a "firmly rooted" exception to the hearsay …

U.S. v. Valenzuela, No. 98 CR 753 (N.D.Ill.) (53 F.Supp.2d 992) (May 17, 1999) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Valenzuela, No. 98 CR 753 (N.D.Ill.) (53 F.Supp.2d 992) (May 17, 1999) (Judge Ruben Castillo) by In this decision, which contains an excellent review of the law, particularly in the Seventh Circuit, relating to Rule 804(b)(3), the Court held that a codefendant's statement indicating thatb the defendant was …

Tome v. U.S., No. 93-6892 (U.S. Supreme Court) (513 U.S. 150; 115 S.Ct. 696) (January 10, 1995) (Justice Kennedy)

Article • July 18, 1999

Filed under: Punch And Jurists, Statements - Out of Court

Tome v. U.S., No. 93-6892 (U.S. Supreme Court) (513 U.S. 150; 115 S.Ct. 696) (January 10, 1995) (Justice Kennedy) by The Court held that Fed.R.Evid. Rule 801(d)(1)(B) permits the introduction of a declarant's prior consistent out-of-court statements to rebut a charge of recent fabrication but only if the statements were …