Search | Punch and Jurists

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson)

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

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

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by Some examples of the prejudicial effect on jurors on hearing evidence of past crimes. QUOTE OF THE WEEK - A medley of thoughts on the inherent dangers of letting the jury hear …

U.S. v. Castillo, No. 96-2251 (10th Cir.) (140 F.3d 874) (April 6, 1998) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Castillo, No. 96-2251 (10th Cir.) (140 F.3d 874) (April 6, 1998) (Judge Deanell R. Tacha) by Case rejected a broad range of cinstitutional challenges to Rule 414 which permits the use of character or propensity evidence in child molestation cases. This case addressed a constitutional challenge to Rule …

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam)

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

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

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam) by QUOTE OF THE WEEK - A medley of thoughts on the inherent dangers of letting the jury hear evidence of past convictions. "The law of evidence places barriers between the jury and a defendant's …

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan) by Aroused by the growing surge of sex crimes in America, in 1995 Congress enacted a series of new amendments to the Federal Rules of Evidence designed to make it easier to obtain …

U.S. v. Guardia, No. 97-2053 (10th Cir.) (135 F.3d 1326) (February 2, 1998) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Guardia, No. 97-2053 (10th Cir.) (135 F.3d 1326) (February 2, 1998) (Judge Deanell R. Tacha) by In this case the Court established a three-prong inquiry for determining the admissibility of sexual assault evidence under Fed.R.Evid. 413(a). Following its decision in U.S. v. Enjady, 134 F.3d 1427 (10th Cir. …

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan) by This case contains a detailed analysis of the new rules that deal with the introduction of evidence of prior sex crimes in certain types of sex cases. See also the Tenth Circuit's …

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. 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, Closeness in Time

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. 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, Closeness in Time

U.S. v. Chavez, No. 96-20622 (5th Cir.) (119 F.3d 342) (August 4, 1997) (Per Curiam) by In his electrifying book about the American Criminal Justice System, The Rich Get Richer and the Poor Get Prison, (Macmillan Publishing Company, New York, 1984), Professor Jeffrey H. Reiman of the School of Justice …

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, Closeness in Time

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. 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. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman) by In this child molestation case, the defendant argued that the district court had erred by admitting prior bad acts evidence that he had twice previously sexually assaulted girls under the age of …

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, Modus Operandi Evidence

U.S. v. Moore, No. 96-2528 (7th Cir.) (115 F.3d 1348) (June 18, 1997) (Judge John L. Coffey) by Case held that evidence that defendant had robbed other banks several months earlier was admissible for the purposes of establishing "modus operandi.".

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. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan) by In face of a constitutional challenge to Rule 414, the Cour held that under the facts of the case admission of prior crimes evidence was not so prejudicial as to violate the …

U.S. v. Larson, No. 96-1576 (2nd Cir.) (112 F.3d 600) (July 30, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Larson, No. 96-1576 (2nd Cir.) (112 F.3d 600) (July 30, 1997) (Judge Amalya Lyle Kearse) by Case affirmed the use of evidence to show prior sexual misconduct of defendant under Rule 414, but held that such evidence is subject to balancing test of Rule 403. This case presents …

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. 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, Modus Operandi Evidence

U.S. v. Murray, No. 96-7072 (3rd Cir.) (103 F.3d 310) (January 3, 1997) (Judge Samuel A. Jr. Alito) by Although this case is discussed in greater detail above under “bad character evidence” is is also noted here for its discussion of “modus operandi evidence.” One of the issues raised in …