Search | Punch and Jurists

U.S. v. Calandra, No. 72-734 (U.S. Supreme Court) (414 U.S. 338; 94 S.Ct. 613) (January 8, 1974) (Justice Powell)

Article • October 17, 2003

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Calandra, No. 72-734 (U.S. Supreme Court) (414 U.S. 338; 94 S.Ct. 613) (January 8, 1974) (Justice Powell) by The issue presented in this case was whether a witness, summoned to appear and testify before a grand jury, may refuse to answer questions on the ground that they are …

U.S. v. Jenkins, No. 02-5573 (6th Cir.) (345 F.3d 928) (October 9, 2003) (Judge Richard Mills)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Evidence - Admissibility

U.S. v. Jenkins, No. 02-5573 (6th Cir.) (345 F.3d 928) (October 9, 2003) (Judge Richard Mills) by

U.S. v. Lopez-Arias, No. 02-5154 (6th Cir.) (344 F.3d 623) (September 19, 2003) (Judge Julia Smith Gibbons)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Lopez-Arias, No. 02-5154 (6th Cir.) (344 F.3d 623) (September 19, 2003) (Judge Julia Smith Gibbons) by Here the Court affirmed a suppression order, holding that the seizure in question was an arrest without probable cause, not an investigatory detention, and as such suppression of the evidence seized was …

U.S. v. Angleton, No. CR. H-02-0040 (S.D.Tex.) (269 F.Supp.2d 892) (June 26, 2003) (Judge Lee H. Rosenthal)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Angleton, No. CR. H-02-0040 (S.D.Tex.) (269 F.Supp.2d 892) (June 26, 2003) (Judge Lee H. Rosenthal) by In this case, District Judge Rosenthal denied a defendant’s motion to introduce expert testimony regarding aural spectrographic voice identification evidence (which is used to determine the identity of an unknown recorded speaker). …

U.S. v. Wells, No. 95-1228 (U.S. Supreme Court) (519 U.S. 482; 117 S.Ct. 921) (February 26, 1997) (Justice Souter)

Article • July 22, 2003

Filed under: Punch And Jurists, Materiality

U.S. v. Wells, No. 95-1228 (U.S. Supreme Court) (519 U.S. 482; 117 S.Ct. 921) (February 26, 1997) (Justice Souter) by Two years after the Supreme Court Court's decision in U.S. v. Gaudin, 515 U.S. 506, the Court held that materiality of a falsehood is not an essential element of a …

U.S. v. Bailey, No. 02-3187 (10th Cir.) (327 F.3d 1131) (April 25, 2003) (Judge Stephen H. Anderson)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Bailey, No. 02-3187 (10th Cir.) (327 F.3d 1131) (April 25, 2003) (Judge Stephen H. Anderson) by The defendant in this case appealed from his convictions upon a jury verdict on 17 counts of wire fraud and 5 counts of money laundering in violation of 18 U.S.C. §§ 1343 …

U.S. v. Sillivan, No. CRIM.A.02-45-JBC (E.D.Ky.) (246 F.Supp.2d 700) (January 31, 2002) (Judge Jennifer B. Coffman)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Latent Fingerprint Evidence

U.S. v. Sillivan, No. CRIM.A.02-45-JBC (E.D.Ky.) (246 F.Supp.2d 700) (January 31, 2002) (Judge Jennifer B. Coffman) by Here the Court granted the Government’s motion to introduce expert testimony on the reliability of latent fingerprint analysis, holding that while the ACE-V methodology is relatively untested, it satisfied the standards set forth …

Lopez v. U.S., No. 236 (U.S. Supreme Court) (373 U.S. 427; 83 S.Ct. 1381) (May 27, 2063) (Justice Harlan)

Article • April 23, 2003

Filed under: Punch And Jurists, Tape Recordings

Lopez v. U.S., No. 236 (U.S. Supreme Court) (373 U.S. 427; 83 S.Ct. 1381) (May 27, 2063) (Justice Harlan) by Here the Court held that a defendant lacks a Fourth Amendment privacy interest in the recording of statements made to a government agent and, therefore, such consensual audio recordings do …

U.S. v. Santosdedios, No. CR. 02-2812M (D.Md.) (240 F.Supp.2d 414) (December 31, 2002) (Judge Magistrate)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Santosdedios, No. CR. 02-2812M (D.Md.) (240 F.Supp.2d 414) (December 31, 2002) (Judge Magistrate) by Here the Court declined to dismiss, on double jeopardy grounds, a criminal prosecution against a defendant for stealing two tubes if lipstick with a value of $7.28, after she had already paid substantial civil …

U.S. v. Crisp, No. 01-4953 (4th Cir.) (324 F.3d 261) (March 31, 2003) (Judge Robert Bruce King)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Crisp, No. 01-4953 (4th Cir.) (324 F.3d 261) (March 31, 2003) (Judge Robert Bruce King) by The defendant in this case was convicted of an armed bank robbery in North Carolina; and he was sentenced to 356 months in prison. He appealed, arguing that his trial was tainted …

U.S. v. Conrad, No. 02-1292 (8th Cir.) (320 F.3d 851) (February 28, 2002) (Judge Michael J. Melloy)

Article • February 1, 2003 • from P&J February, 2003

Filed under: Punch And Jurists, Summation

U.S. v. Conrad, No. 02-1292 (8th Cir.) (320 F.3d 851) (February 28, 2002) (Judge Michael J. Melloy) by Here the Court vacated a gun conviction because of the cumulative prejudicial effect of comments by the prosecutor about the purpose of the gun control laws, which it said have “absolutely no …

Kumho Tire Co. v. Carmichael, No. 97-1709 (U.S. Supreme Court) (526 U.S. 137; 119 S.Ct. 1167) (March 23, 1999) (Justice Breyer)

Article • December 19, 2002

Filed under: Punch And Jurists, Daubert Standards

Kumho Tire Co. v. Carmichael, No. 97-1709 (U.S. Supreme Court) (526 U.S. 137; 119 S.Ct. 1167) (March 23, 1999) (Justice Breyer) by This case involved a lawsuit brought by a family whose Ford minivan was involved in a single-car accident in which several people were injured and one was killed. …

Benjamin v. Fischer, No. 02 Civ. 679 (SAS) (S.D.N.Y.) (248 F.Supp.2d 251) (December 17, 2002) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Evidence - Extrinsic

Benjamin v. Fischer, No. 02 Civ. 679 (SAS) (S.D.N.Y.) (248 F.Supp.2d 251) (December 17, 2002) (Judge Shira A. Scheindlin) by

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith) by Here a conviction for sexual contact with a minor was reversed because the district court erroneously failed to instruct the jury that it could consider evidence of defendant's good character - where …

U.S. v. Young, No. 02-1294 (7th Cir.) (316 F.3d 649) (December 4, 2002) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Young, No. 02-1294 (7th Cir.) (316 F.3d 649) (December 4, 2002) (Judge William J. Bauer) by The defendant in this case was found not guilty of kidnapping under 18 U.S.C.S. § 1201, but was convicted of interstate domestic violence, 18 U.S.C.S. § 2261(a)(1) and (b)(3), and unlawfully using …

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 …

U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (207 F.Supp.2d 856) (June 10, 2002) (Judge William C. Lee)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (207 F.Supp.2d 856) (June 10, 2002) (Judge William C. Lee) by Here the Court denied a defense motion to exclude expert testimony relating to footware impression testimony, holding that it met the standards of reliability called for by Daubert and that it was relevant …

U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (208 F.Supp.2d 984) (June 19, 2002) (Judge William C. Lee)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (208 F.Supp.2d 984) (June 19, 2002) (Judge William C. Lee) by Here, following its earlier ruling reported at 207 F.Supp.2d 856, the Court denied the defendant's motion in limine to exclude expert testimony regarding footwear impression evidence, holding that the methodology employed was sufficiently …

U.S. v. Acosta, No. 01-2224 (1st Cir.) (303 F.3d 78) (August 30, 2002) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Acosta, No. 01-2224 (1st Cir.) (303 F.3d 78) (August 30, 2002) (Judge Hugh H. Bownes) by The Court held that the exclusionary rule does not bar the use of evidence seized in violation of a defendant's 4th Amendment rights at sentencing; but left open the question whether such …