Search | Punch and Jurists

U.S. v. Van Horn, No. 00-2275 (1st Cir.) (277 F.3d 48) (January 14, 2002) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Van Horn, No. 00-2275 (1st Cir.) (277 F.3d 48) (January 14, 2002) (Judge Kermit A. Lipez) by United States v. Van Horn, 277 F.3d 48 (1st Cir. 2002) (Judge Lipez) United States v. Kurkowski, No. 01-3071 (8th Cir. 03/05/02) (Judge Fagg) The continued use by the Government of …

Okai v. Verfuth, No. 99-3277 (7th Cir.) (275 F.3d 606) (December 21, 2001) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. LeMay, No. 00-30193 (9th Cir.) (260 F.3d 1018) (August 9, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. LeMay, No. 00-30193 (9th Cir.) (260 F.3d 1018) (August 9, 2001) (Judge Stephen S. Trott) by

Treece v. Hochstetler, No. 99-1283 (7th Cir.) (213 F.3d 360) (May 17, 2000) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. Morley, No. 98-1894 (3rd Cir.) (199 F.3d 129) (December 8, 1999) (Judge Theodore A. McKee)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. Buckley, No. 99-1288 (7th Cir.) (192 F.3d 708) (September 22, 1999) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. Vega, No. 98-50548 (9th Cir.) (188 F.3d 1150) (August 26, 1999) (Judge Raner C. Collins)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. Heath, No. 98-3484 (7th Cir.) (188 F.3d 916) (August 26, 1999) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. McHorse, No. 98-2123 (10th Cir.) (179 F.3d 889) (June 3, 1999) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. McHorse, No. 98-2123 (10th Cir.) (179 F.3d 889) (June 3, 1999) (Judge Bobby R. Baldock) by Citing its decision in U.S. v. Guardia, 135 F.3d 1326 (10th Cir. 1998), where the Court upheld Fed.R.Evid. 413(a), the Court held held that Rules 413(a) and 414(a) are identical, except that …

U.S. v. Asher, No. 98-1700 (7th Cir.) (178 F.3d 486) (May 21, 1999) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. Charley, No. 98-2087 (10th Cir.) (176 F.3d 1265) (May 7, 1999) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Charley, No. 98-2087 (10th Cir.) (176 F.3d 1265) (May 7, 1999) (Judge Stephen H. Anderson) by In its holding, the Court relied on U.S. v. Castillo, 140 F.3d 874, 883-84 (10th Cir. 1998) where the Court held that Rule 414 was not unconstitutional. Here the Court affirmed the …

Huddleston v. U.S., No. 87-2 (U.S. Supreme Court) (485 U.S. 681; 108 S.Ct. 1496) (May 2, 1988) (Justice Rehnquist)

Article • April 19, 1999

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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, …

U.S. v. Benitez-Meraz, No. 98-1530 (8th Cir.) (161 F.3d 1163) (December 7, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

People of Territory of Guam v. Shymanovitz, No. 96-10467 (9th Cir.) (157 F.3d 1154) (August 31, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

People of Territory of Guam v. Shymanovitz, No. 96-10467 (9th Cir.) (157 F.3d 1154) (August 31, 1998) (Judge Stephen Reinhardt) by United States v. Mound, 157 F.3d 1153 (8th Cir. 1998) (Per Curiam) People of Territory of Guam v. Shymanovitz, 157 F.3d 1154 (9th Cir. 1998) (Judge Reinhardt) Both of …

U.S. v. Mound, No. 97-4162 (8th Cir.) (157 F.3d 1153) (October 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Mound, No. 97-4162 (8th Cir.) (157 F.3d 1153) (October 20, 1998) (Per Curiam) by Over the strong dissent of Judge Morris S. Arnold, the Court affirmed the constitutionality of Fed.R.Evid. 413 which permits the use of evidence of a defendant's past sex crimes. United States v. Mound, 157 …

U.S. v. Brown, No. 97-5095 (6th Cir.) (147 F.3d 477) (June 6, 1998) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Modus Operandi Evidence

U.S. v. Brown, No. 97-5095 (6th Cir.) (147 F.3d 477) (June 6, 1998) (Judge Karen Nelson Moore) by Here, citing the language of Application Note 9(A) to USSG § 1B1.3, the Court approved the inclusion of addditional sales from previous companies where the defendant had worked as a telemarketer as …

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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 …

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

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.