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Article • February 10, 2000
Briscoe v. LaHue, No. 81-1404 (U.S. Supreme Court) (460 U.S. 325; 103 S.Ct. 1108) (March 7, 1983) (Justice Stevens) by The specific question before the court in this case was "whether a police officer who commits perjury during a state court criminal trial should be granted absolute immunity from civil …
Article • February 1, 2000 • from P&J February, 2000
U.S. v. Williams, No. 99-33 (TFH) (D.D.C.) (77 F.Supp.2d 109) (November 24, 1999) (Judge Thomas F. Hogan) by Here the Court denied a motion for a new trial, pursuant to Fed.R.Crim.P. 33, based on newly discovered evidence that a police witness, Detective Johnny St. Valentine Brown, who testified as an …
Article • January 1, 2000 • from P&J January, 2000
Franklin v. Terr, No. 98-16843 (9th Cir.) (201 F.3d 1098) (February 2, 2000) (Judge Harry Pregerson) by Here, joining decisions from the 7th, 8th and 10th Circuits, the 9th Circuit held that witnesses have absolute immunity from damages under 42 USC § 1983, even when they conspire to present perjured …
Article • December 1, 1999 • from P&J December, 1999
U.S. v. Huddleston, No. 99-1144 (1st Cir.) (194 F.3d 214) (October 19, 1999) (Judge Bruce M. Selya) by The Court stated the issue as follows: "For many years, the courts of appeals have been divided over what legal standard obtains when a convicted defendant premises a motion for new trial …
Article • April 10, 1999
Bronston v. U.S., No. 71-1011 (U.S. Supreme Court) (409 U.S. 352; 93 S.Ct. 595) (January 10, 1973) (Justice Burger) by Essentially this case established what has become to be known as the "literal truth" defense and the "stark contrast" rule. Thus the Court held that an unresponsive statement of a …
Article • October 1, 1998 • from P&J October, 1998
U.S. v. DeZarn, No. 97-5156 (6th Cir.) (157 F.3d 1042) (October 14, 1998) (Judge Gerald E. Rosen) by This is a case that might cause some concern to President Clinton and his spin-doctors. The precise issue addressed by the Court was "whether a person may be found guilty of perjury …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Coleman, No. CRIM.A 96-10047-11-REK (D.Mass.) (995 F.Supp. 213) (February 2, 1998) (Judge Robert E. Keeton) by Court rejected a motion to dismiss an indictment based on allegations that the prosecutor had, knowingly, negligently and with reckless disregard for the truth, presented false evidence to the grand jury. In …
Article • May 1, 1998 • from P&J May, 1998
U.S. v. Renteria, No. 96-2139 (10th Cir.) (138 F.3d 1328) (March 16, 1998) (Judge Robert H. McWilliams) by Here the Court held that the district court had erred in sentencing the defendant under § 2J1.3(a) rather than § 2J1.3(c)(1) by concluding that his perjury conviction was not committed "in respect …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. O'Keefe, No. 96-31181 (5th Cir.) (128 F.3d 885) (November 11, 1997) (Judge Emilio M. Garza) by In this case, the Government brought a series of indictments against a group of defendants charged with participating in a fraud against a medical malpractice insurer. Those indictments listed different factual bases …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins) by This is a powerful and disturbing decision by Judge Hawkins of South Carolina in which he dismissed with prejudice a series of indictments against a number of legislators due to egregious prosecutorial misconduct …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Martinez, No. 96-40483 (5th Cir.) (106 F.3d 620) (February 13, 1997) (Judge Patrick E. Higginbotham) by In this case the defendant falsely identified himself as his brother at a preliminary hearing in order to conceal his criminal record. He later pled guilty to a perjury charge and the …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Holguin, No. 3:95cr136 (DJS) (D.Conn.) (946 F.Supp. 157) (October 1, 1996) (Judge Dominic C. Squatrito) by This is one of those rare cases in which a court granted a defense motion to produce a confidential informant for an in camera examination by the judge to determine whether disclosure …
Article • October 1, 1995
U.S. v. Heater, No. 94-5202 (4th Cir.) (63 F.3d 311) (August 16, 1995) (Judge Sam J. III Ervin) by Case held that 1993 amendment eliminated the distinction between those who commit perjury to protect themselves from prosecution and those who commit perjury solely to assist another.
Article • September 1, 1995
U.S. v. Catano-Alzate, No. 94-1495(L) (2nd Cir.) (62 F.3d 41) (July 21, 1995) (Per Curiam) by United States v. Catano-Alzate, 62 F.3d 41 (2nd Cir. 1995) United States v. Zajac, 62 F.3d 145 (6th Cir. 1995) Here are two cases which deal with the rules applicable to an "obstruction of …
Article • January 1, 1995
U.S. v. Duke, No. 93-3711 (8th Cir.) (50 F.3d 571) (March 20, 1995) (Judge Theodore McMillian) by Here the Court held that the perjured testimony of notorious DEA agent Andrew Chambers was not enough to grant a new trial because it was not reasonably likely to have affected the jury's …
Article • January 1, 1994
U.S. v. Sanchez, No. 91 CR 90 (JSM) (S.D.N.Y.) (813 F.Supp. 90) (February 10, 1993) (Judge John S. Jr. Martin) by Judge Martin started his opinion with these strong words: "I can think of few things more threatening to the liberty of our citizens than to have a court system …
Article • January 1, 1994
U.S. v. Ransom, No. 92-50102 (9th Cir.) (1993 WL 100158) (April 6, 1993) (Per Curiam) by Here the Court held that the district court did not err in refusing to grant a new trial despite the defendant's proof that the notorious DEA agent Andrew Chambers had perjured himself at the …
Article • January 1, 1994
U.S. v. Wallach, No. 89-1544 (2nd Cir.) (935 F.2d 445) (May 31, 1991) (Judge Thomas J. Meskill) by Case held that where Govt. was unaware of witness' perjury, new trial is warranted only if the testimony was material and court is convinced that, but for such testimony, the defendant would …
Article • January 1, 1994
U.S. v. Chaplin, No. 93-2942 (7th Cir.) (25 F.3d 1373) (June 6, 1994) (Judge Kenneth F. Ripple) by This case is noted for its discussion of the common law "two witness" rule which developed in England in the seventeenth century and which applied to crimes of perjury. Under that rule, …
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