Search | Punch and Jurists

Holt v. U.S., No. 231 (U.S. Supreme Court) (218 U.S. 245; 31 S.Ct. 2) (October 31, 2010) (Justice Holmes)

Article • July 7, 1999

Filed under: Punch And Jurists, Exceptions

Holt v. U.S., No. 231 (U.S. Supreme Court) (218 U.S. 245; 31 S.Ct. 2) (October 31, 2010) (Justice Holmes) by Here the Court held that the prohibition of compelling a man in a criminal court to be witness against himself is a prohibition of the use of physical or moral …

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell) by Here the Court affirmed the use of hearsay evidence under the "present sense impression" exception contained in Rule 803(1) since it was contemporaneously made with little chance for reflection.

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell)

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

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell) by The Court observed that "[t]he registration of automobiles is a bureaucratic, non adversarial activity undertaken by government employees with no stake in the outcome of criminal proceedings such as this. Accordingly, …

U.S. v. Doe, No. 82-786 (U.S. Supreme Court) (465 U.S. 605; 104 S.Ct. 1237) (February 28, 1984) (Justice Powell)

Article • May 9, 1999

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Doe, No. 82-786 (U.S. Supreme Court) (465 U.S. 605; 104 S.Ct. 1237) (February 28, 1984) (Justice Powell) by In this case, as part of its investigation into corruption in the awarding of municipal contracts, a grand jury issued five separate subpoenas to the respondent that collectively sought a …

McCandless v. Vaughn, No. 97-1585 (3rd Cir.) (172 F.3d 255) (March 30, 1999) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

McCandless v. Vaughn, No. 97-1585 (3rd Cir.) (172 F.3d 255) (March 30, 1999) (Judge Walter K. Stapleton) by Citing Pennsylvania's "casual" and "half-hearted" efforts to locate a critical witness in this case, the Third Circuit held that the state court had violated the petitioner's Sixth Amendment Confrontation Clause rights by …

U.S. v. Hall, No. 97-4032 (7th Cir.) (165 F.3d 1095) (January 19, 1999) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Residual exception

U.S. v. Hall, No. 97-4032 (7th Cir.) (165 F.3d 1095) (January 19, 1999) (Judge Michael S. Kanne) by Among several Federal Rules of Evidence issues discussed in this decision, the court reviewed at length the residual exception rule contained in Rule 807 (which was formerly known as Rule 803(24) until …

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker) by This appeal, which involved the conviction of a high-profile organized crime leader, principally through the testimony of six former members of the Mafia who had become cooperating witnesses, is noted for …

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey) by In rejecting the defendant's claim that the district court improperly admitted hearsay evidence, the Court observed that: "While a statement, other than one made by the declarant while testifying at trial, is …

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan) by In its comments on when co-conspirator statements may properly be admitted in a criminal trial, the Court observed: "In determining whether a statement is admissible under 801(d)(2)(E), 'the court may consider the …

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, Co-onspirator and Accomplice Statements/Testimony

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 …

U.S. v. Weinstock, No. 96-2474 (6th Cir.) (153 F.3d 272) (May 27, 1998) (Judge Ronald Lee Gilman)

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

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Weinstock, No. 96-2474 (6th Cir.) (153 F.3d 272) (May 27, 1998) (Judge Ronald Lee Gilman) by Relying on the business records exception in Rule 803(6), the court rejected the defendant's argument that the admission of certain statistical evidence (here a "physician practicee profile") was improper and warranted relief.

U.S. v. McDougal, No. 96-3270 (8th Cir.) (137 F.3d 547) (February 23, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. McDougal, No. 96-3270 (8th Cir.) (137 F.3d 547) (February 23, 1998) (Judge John R. Gibson) by United States v. McDougal, 137 F.3d 547 (8th Cir. 1998) (Judge Gibson) United States v. Espy, 989 F.Supp. 17 (D.D.C. 17 1997) (Judge Urbina) For those interested in following the political machinations …

U.S. v. Williams, No. 97-2576 (7th Cir.) (133 F.3d 1048) (January 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Williams, No. 97-2576 (7th Cir.) (133 F.3d 1048) (January 16, 1998) (Judge William J. Bauer) by The defendant in this case was convicted of armed bank robbery in violation of 18 U.S.C. § 2113(a) - despite the fact that both the district court and the Court of Appeals …

U.S. v. Williams, No. 97-2576 (7th Cir.) (133 F.3d 1048) (January 16, 1998) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Statements - Out of Court

U.S. v. Williams, No. 97-2576 (7th Cir.) (133 F.3d 1048) (January 16, 1998) (Judge William J. Bauer) by

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy) by

U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith) by In this case the Government argued that defense counsel had been negligent in failing to subpoena the witness in question eariler, since a month before counsel requested the subpoena the Government had …

U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe) by Case contains detailed discussion of the hearsay exception known as the declarant unavailable exception and explores the 2nd Circuit's two-part test for determining "similar motive" under Rule 804(b)(1).

U.S. v. Morrow, No. 97 CR 380 (N.D.Ill.) (971 F.Supp. 1254) (August 5, 1997) (Judge James H. Alesia)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Morrow, No. 97 CR 380 (N.D.Ill.) (971 F.Supp. 1254) (August 5, 1997) (Judge James H. Alesia) by This case helps explain why Judge Learned Hand once described the conspiracy laws of our country as "the darling of the modern prosecutor's nursery." Harrison v. United States, 7 F.2d 259, …

U.S. v. Morrow, No. 97 CR 380 (N.D.Ill.) (971 F.Supp. 1254) (August 5, 1997) (Judge James H. Alesia)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Morrow, No. 97 CR 380 (N.D.Ill.) (971 F.Supp. 1254) (August 5, 1997) (Judge James H. Alesia) by

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, Statements Against Interest

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 …