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Article • January 1, 1998 • from P&J January, 1998
U.S. v. Call, No. 94-2229 (10th Cir.) (129 F.3d 1402) (December 3, 1997) (Judge Bobby R. Baldock) by United States v. Call, 129 F.3d 1402 (10th Cir. 1997) (Judge Baldock) United States v. Gaines, 979 F.Supp. 1429 (S.D.Fla. 1997) (Judge Gold) The impact of the Supreme Court’s decision in Daubert …
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold) by
Article • January 1, 1998 • from P&J January, 1998
U.S. v. Call, No. 94-2229 (10th Cir.) (129 F.3d 1402) (December 3, 1997) (Judge Bobby R. Baldock) by Court held that probative value of polygraph evidence was outweighed by its prejudicial effect on the jury.
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Weekly, No. 96-1513 (8th Cir.) (128 F.3d 1198) (July 23, 1997) (Judge John R. Gibson) by United States v. Weekly, 128 F.3d 1198 (8th Cir. 1997) (Per Curiam) United States v. Washman, 128 F.3d 1305 (9th Cir. 1997) (Judge Molloy) In 1994, Congress enacted the so-called "safety valve" …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Bighead, No. 95-30157 (9th Cir.) (128 F.3d 1329) (November 18, 1997) (Per Curiam) by This rape case explored in depth the Child Sexual Abuse Accomodation Syndrome (CSAAS) in the context of the Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); and it …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Pitner, No. CR96-500C (W.D.Wash.) (969 F.Supp. 1246) (June 23, 1997) (Judge John C. Coughenour) by This is another of the growing number of cases that are addressing the issue of the use of polygraph evidence in criminal trials. Citing the Supreme Court's decision in Daubert v. Merrell Dow …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Pitner, No. CR96-500C (W.D.Wash.) (969 F.Supp. 1246) (June 23, 1997) (Judge John C. Coughenour) by This is another of the growing number of cases that are addressing the issue of the use of polygraph evidence in criminal trials. Citing the Supreme Court's decision in Daubert v. Merrell Dow …
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Sanchez, No. 96-4215 (4th Cir.) (118 F.3d 192) (June 30, 1997) (Judge James Dickson Jr. Phillips) by In this case the defendant was denied permission to cross-examine a cooperating co-conspirator about a polygraph test she had failed in the course of her cooperation, and he argued that he …
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Weekly, No. 96-1513 (8th Cir.) (118 F.3d 576) (May 23, 1997) (Judge John R. Gibson) by Here the Court affirmed the denial of a safety valve sentence reduction partly because the defendant refused to take a polygraph exam to clarify conflicts between her testimony and that of a …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Jones, No. 95-6096 (6th Cir.) (107 F.3d 1147) (March 3, 1997) (Judge Karen Nelson Moore) by One of the issues raised in this case was whether the Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) had any impact on the long tradition …
Article • April 1, 1997 • from P&J May, 1997
Jesionowski v. Beck, No. Civ. 94-10434-MLW (D.Mass.) (955 F.Supp. 149) (March 6, 1997) (Judge Magistrate) by This significant case overrules the long standing precedent in the Fifth Circuit that polygraph evidence is per se inadmissible for any purpose. The lower court had refused to allow the defendants to use polygraph …
Article • April 1, 1997 • from P&J April, 1997
Jesionowski v. Beck, No. Civ. 94-10434-MLW (D.Mass.) (955 F.Supp. 149) (March 6, 1997) (Judge Magistrate) by Here a Magistrate refused to allow the admission of polygraph evidence in a civil rights lawsuit against the police, concluding that while the witness may have been qualified, the scientific reliability of polygraph evidence …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Beasley, No. 95-3362 (8th Cir.) (102 F.3d 1440) (December 18, 1996) (Judge Pasco M. II Bowman) by In this case, the Eighth Circuit approved a broad expansion of the use of DNA evidence and the PCR method of testing in criminal cases as a form of scientific evidence …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Cordoba, No. 95-50492 (9th Cir.) (104 F.3d 225) (January 7, 1997) (Judge Sidney R. Thomas) by Case held that polygraph evidence is not per se inadmissible under Daubert rule. With clear concern about the inherent reliability of polygraph evidence, the Ninth Circuit becomes the second Federal Circuit Court …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson) by In this case the Ninth Circuit becomes the second Federal Court of Appeals to approve the admissibility of evidence obtained by the so-called PCR method of DNA testing. (The Eighth Circuit previously …
Article • January 1, 1997 • from P&J January, 1997
U.S. v. Bellomo, No. 96 Cr. 430 (LAK) (S.D.N.Y.) (944 F.Supp. 1160) (October 30, 1996) (Judge Lewis A. Kaplan) by
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Rouse, No. 95-1554 (8th Cir.) (100 F.3d 560) (November 12, 1996) (Judge Myron H. Bright) by Because this case involves the ugly allegation of child abuse, it is one which normally would be ignored by most commentators. It is noted, however, because of its detailed analysis of the …
Article • November 1, 1996 • from P&J November, 1996
U.S. v. Norwood, No. 96-232 (D.N.J.) (939 F.Supp. 1132) (September 6, 1996) (Judge Stephen M. Orlofsky) by The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 469 (1993) continues to hold sway as the guiding pronouncement on the admissibility of scientific evidence in our courts. In …
Article • February 1, 1996 • from P&J February, 1996
U.S. v. Padilla, No. 95-494-CR-Atkins (S.D.Fla.) (908 F.Supp. 923) (November 27, 1995) (Judge C. Clyde Atkins) by In this case the defendant was arrested at the Miami airport, after a substantial amount of heroin was discovered in her luggage. At the time, she was accompanied by her two daughters, aged …
Article • February 1, 1996 • from P&J February, 1996
U.S. v. Galbreth, No. Crim. 94-197 MV (D.N.M.) (908 F.Supp. 877) (October 4, 1995) (Judge Martha Vazquez) by In this wilful tax evasion case, the sole issue was whether the defendant knew that his income tax returns omitted taxable income which should have been reported. At defense counsel's request, the …
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