Search | Punch and Jurists

U.S. v. Johnson, No. 96-10575 (9th Cir.) (132 F.3d 1279) (December 29, 1997) (Judge Cynthia Holcomb Hall)

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

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

U.S. v. Johnson, No. 96-10575 (9th Cir.) (132 F.3d 1279) (December 29, 1997) (Judge Cynthia Holcomb Hall) by United States v. Queen, 132 F.3d 991 (4th Cir. 1997) (Judge Niemeyer) United States v. Johnson, 132 F.3d 1279 (9th Cir. 1997) (Judge Hall) One of the most persistent and confusing conflicts …

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer)

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

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

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer) by Here the Court held that evidence that the defendant had, some 10 years previously, engaged in two acts of witness tampering was admissible to show the defendant's intent in the instant case. …

U.S. v. Call, No. 94-2229 (10th Cir.) (129 F.3d 1402) (December 3, 1997) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Scientific Testimony or Evidence

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 …

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold)

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

Filed under: Punch And Jurists, Scientific Testimony or Evidence

U.S. v. Gaines, No. 96-6159-CR (S.D.Fla.) (979 F.Supp. 1429) (October 3, 1997) (Judge Alan S. Gold) 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 v. …

U.S. v. Bighead, No. 95-30157 (9th Cir.) (128 F.3d 1329) (November 18, 1997) (Per Curiam)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Punch And Jurists, Scientific Testimony or Evidence

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 …

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Admissions

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans) by This is one of those classic appeals arising from the conviction of many members of a "crime syndicate" - and from the opening paragraph Judge Evans had great difficulty restraining the urge …

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans)

Article • September 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Admissions

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans) by This is one of those classic appeals arising from the conviction of many members of a "crime syndicate" - and from the opening paragraph Judge Evans had great difficulty restraining the urge …

U.S. v. Allison, No. 96-2504 (7th Cir.) (120 F.3d 71) (July 18, 1997) (Judge Kenneth F. Ripple)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Allison, No. 96-2504 (7th Cir.) (120 F.3d 71) (July 18, 1997) (Judge Kenneth F. Ripple) by The defendant in this case was charged with possession of crack cocaine with intent to distribute. Prior to the commencement of trial, his counsel moved to bar the admission of evidence relating …

U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam)

Article • September 1, 1997 • from P&J September, 1997

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

U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam) by Here the Court held that although the temporal remoteness of extrinsic evidence introduced to show intent weakens its probative value, the age of a prior conviction has never been held to be a per …

U.S. v. Moore, No. 96-2528 (7th Cir.) (115 F.3d 1348) (June 18, 1997) (Judge John L. Coffey)

Article • July 1, 1997 • from P&J July, 1997

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

U.S. v. Moore, No. 96-2528 (7th Cir.) (115 F.3d 1348) (June 18, 1997) (Judge John L. Coffey) by Last week we noted with some trepidation that the Government is rapidly moving to expand the contours "other crimes" evidence through the introduction of "modus operandi" evidence that it says helps to …

U.S. v. Beasley, No. 95-3362 (8th Cir.) (102 F.3d 1440) (December 18, 1996) (Judge Pasco M. II Bowman)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Scientific Testimony or Evidence

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 …

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito)

Article • February 1, 1997 • from P&J February, 1997

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

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by Here the Court reversed a conviction of intentional killing in furtherance of CCE on grounds that district court improperly admitted questionable evidence of a prior uncharged murder. While the theme of …

U.S. v. Hicks, No. 95-30342 (9th Cir.) (103 F.3d 837) (December 24, 1996) (Judge Thomas G. Nelson)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Scientific Testimony or Evidence

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 …

U.S. v. Lowe, No. Crim. No. 95-10404-PBS (D.Mass.) (948 F.Supp. 97) (October 21, 1996) (Judge Patti B. Saris)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Doctor/Patient Privilege

U.S. v. Lowe, No. Crim. No. 95-10404-PBS (D.Mass.) (948 F.Supp. 97) (October 21, 1996) (Judge Patti B. Saris) by Court extended doctor/patient privilege to cover communications between a victim and her rape crisis counsellor even though that person was not a trained doctor. In Re Grand Jury, 103 F.3d 1140 …

U.S. v. Lowe, No. Crim. No. 95-10404-PBS (D.Mass.) (948 F.Supp. 97) (October 21, 1996) (Judge Patti B. Saris)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Doctor/Patient Privilege

U.S. v. Lowe, No. Crim. No. 95-10404-PBS (D.Mass.) (948 F.Supp. 97) (October 21, 1996) (Judge Patti B. Saris) by Court extended doctor/patient privilege to cover communications between a victim and her rape crisis counsellor even though that person was not a trained doctor. In this case the Court considered whether …

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy)

Article • January 1, 1997 • from P&J January, 1997

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

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) (Judge Kennedy) United States v. Myers, 102 F.3d 227 (6th Cir. 1996) (Judge Rosen) Both of these cases deal with the scope …

U.S. v. Myers, No. 95-5316 (6th Cir.) (102 F.3d 227) (December 11, 1997) (Judge Gerald E. Rosen)

Article • January 1, 1997 • from P&J January, 1997

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

U.S. v. Myers, No. 95-5316 (6th Cir.) (102 F.3d 227) (December 11, 1997) (Judge Gerald E. Rosen) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) (Judge Kennedy) Both of these cases deal with the scope of Rule 404(b) of the Fed.R.Evid. In Jobson, the Sixth Circuit set …

U.S. v. Rouse, No. 95-1554 (8th Cir.) (100 F.3d 560) (November 12, 1996) (Judge Myron H. Bright)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Scientific Testimony or Evidence

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 …

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken)

Article • December 1, 1996 • from P&J December, 1996

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

U.S. v. LeCompte, No. 96-1308 (8th Cir.) (99 F.3d 274) (November 1, 1996) (Judge James B. Loken) by This case addresses what the Court calls the "thorny, frequently litigated" issue of whether evidence of prior sexual abuse is admissible under Rule 404(b) of the Fed.R.Evid. in a sex abuse prosecution. …

U.S. v. McCarthy, No. 95-2128 (8th Cir.) (97 F.3d 1562) (October 10, 1996) (Judge David R. Hansen)

Article • November 1, 1996 • from P&J November, 1996

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

U.S. v. McCarthy, No. 95-2128 (8th Cir.) (97 F.3d 1562) (October 10, 1996) (Judge David R. Hansen) by This case probably establishes the current (but almost certain to be shattered) judicial record for the meaning of "close in time." Here, one of the issues raised was whether it was error …