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Article • December 1, 1996 • from P&J December, 1996
U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle) by This is an astonishing decision, not just because the D.C. Circuit found merit in each of the four issues raised by the defendant on appeal and thus vacated a series of convictions, …
Article • October 1, 1996 • from P&J October, 1996
Rivas v. Brattesani, No. 95-9270, No. 1745 (2nd Cir.) (94 F.3d 802) (September 4, 1996) (Per Curiam) by Case vacated a conviction due to trial court's open hostility towards defendants, their counsel and evidence which impaired the fairness of the trial in a way that no jury instruction could have …
Article • October 1, 1996 • from P&J October, 1996
U.S. v. Amiel, No. 95-1286, No. 1021 (2nd Cir.) (95 F.3d 135) (September 5, 1996) (Judge Fred I. Parker) by The Court held that the proper test is whether the jury was so impressed with the judge's partiality to the prosecution trhat it became a factor in determining the defendant's …
Article • October 1, 1996 • from P&J October, 1996
Rivas v. Brattesani, No. 95-9270, No. 1745 (2nd Cir.) (94 F.3d 802) (September 4, 1996) (Per Curiam) by Case noted that, although Rule 614(b) permits the court to interrogate witnesses, the court may not "convey the court's view about the merits of the party's claim.".
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