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Article • December 1, 1995
U.S. v. Kwong, No. 95-1093, No. 208 (2nd Cir.) (69 F.3d 663) (October 23, 1995) (Judge Joseph M. McLaughlin) by This is a fascinating case that deals with the conviction of a defendant who was accused of sending a mail bomb to a U.S. Attorney - which made a conviction …
Article • December 1, 1995
U.S. v. Kwong, No. 95-1093, No. 208 (2nd Cir.) (69 F.3d 663) (October 23, 1995) (Judge Joseph M. McLaughlin) by Case held that even if polygraph evidence was admissible under Rule 703, it would be inadmissible under Rule 403 because its probative value was substantially outweighed by risk of prejudice …
Article • January 1, 1995
U.S. v. Velasquez, No. 93-7236 (3rd Cir.) (64 F.3d 844) (August 31, 1995) (Judge Jane R. Roth) by In this case, the 3rd Circuit vacated a conviction because the trial judge refused to allow defense coun- sel to introduce an expert witness who would have criticized the reliability of handwriting …
Article • January 1, 1995
U.S. v. Dominguez, No. Crim. No. B-95-161-S (S.D.Tex.) (902 F.Supp. 737) (October 27, 1995) (Judge Filemon B. Vela) by This is another important case dealing with the admissibility of polygraph evidence in criminal cases. The defendant made a pre-trial motion to have evidence of a polygraph test admitted into evidence. …
Article • January 1, 1995
U.S. v. Posado, No. 94-20285 (5th Cir.) (57 F.3d 428) (June 20, 1995) (Judge Harold R. Jr. DeMoss) 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 …
Article • January 1, 1995
U.S. v. Crumby, No. CR 04-122-PHX-RGS (D.Ariz.) (895 F.Supp. 1354) (July 7, 1995) (Judge Roger G. Strand) by This case is noted because, after a detailed analysis of the new standards laid down by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, 125 L.Ed.2d 469 (1993), the court ultimately …
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