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Article • July 1, 2002 • from P&J July, 2002
U.S. v. Stephens, No. 2:01-CR-66-01 (N.D.Ga.) (202 F.Supp.2d 1361) (April 25, 2002) (Judge William C. O'Kelley) by In this case the government requested a pre-trial hearing on the admissibility of certain electronic surveillance tapes following defendant's arrest and indictment on federal methamphetamine trafficking charges. As stated by the Court, the …
Article • July 1, 2002 • from P&J July, 2002
U.S. v. Burns, No. 00-5839 (6th Cir.) (298 F.3d 523) (July 29, 2002) (Judge Ronald Lee Gilman) by Among the many issues covered in this appeal was a challenge to the Governmment's use, during its opening, of a Power Point slide presentation which contained a number if images (e.g., large …
Article • April 1, 2002 • from P&J April, 2002
U.S. v. Salim, No. S1 01 CR. 02 (DAB) (S.D.N.Y.) (189 F.Supp.2d 93) (March 11, 2002) (Judge Deborah A. Batts) by Here the Court held that the methodology undertaken by the Government's fingerprint expert, who was prepared to testify about matches of latent fingerprint evidence, met the Daubert standards for …
Article • April 1, 2002 • from P&J April, 2002
U.S. v. Horn, No. CRIM A. 00-946-PWG (D.Md.) (185 F.Supp.2d 530) (January 31, 2002) (Judge Magistrate) by This 88-page decision in a case of first impression is noted for its detailed (albeit highly technical) analysis of whether the three standard field sobriety tests (SFSTs), that are commonly administered to determine …
Article • March 1, 2002 • from P&J March, 2002
U.S. v. Turner, No. 01-3049 (10th Cir.) (285 F.3d 909) (April 1, 2002) (Judge John C. Porfilio) by The defendant in this case challenged the district court's refusal to hold a Daubert hearing [Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 589, 125 L. Ed. 2d 469, 113 S. …
Article • February 24, 2002
Weeks v. U.S., No. 461 (U.S. Supreme Court) (232 U.S. 383; 34 S.Ct. 341) (February 24, 2014) (Justice Day) by Here the Supreme Court articulated, for the first time, the so-called "exclusionary rule" - under which evidence that is secured through an illegal search and seizure is barred from use …
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists, Habit
U.S. v. Angwin, No. 00-50276 (9th Cir.) (271 F.3d 786) (November 21, 2001) (Judge Charles R. Breyer) by The defendant in this case argued on appeal, inter alia, that the district court had erred by excluding testimony regarding his training and experience in the Coast Guard Auxiliary as habit evidence …
Article • November 1, 2001
U.S. v. Havens, No. 79-305 (U.S. Supreme Court) (446 U.S. 620; 100 S.Ct. 1912) (May 27, 1980) (Justice White) by Here the Court upheld the admission at trial of illegally seized evidence to impeach a defendant's testimony deliberately elicited by the Government under the cover of impeaching an accused who …
Article • October 1, 2001 • from P&J October, 2001
Filed under: Punch And Jurists, Habit
U.S. v. Angwin, No. 00-50276 (9th Cir.) (263 F.3d 979) (August 30, 2001) (Judge Charles R. Breyer) by The defendant in this case argued on appeal, inter alia, that the district court had erred by excluding testimony regarding his training and experience in the Coast Guard Auxiliary as habit evidence …
Article • August 1, 2001 • from P&J August, 2001
Moore v. Morton, No. 98-5429 (3rd Cir.) (255 F.3d 95) (June 22, 2001) (Judge Anthony J. Scirica) by In this case, the Third Circuit reversed the district court’s denial of a writ of habeas corpus, and held that the appellant’s 1987 trial for rape and robbery “was so infected with …
Article • July 7, 2001
Holbrook v. Flynn, No. 84-1606 (U.S. Supreme Court) (475 U.S. 560; 106 S.Ct. 1340) (March 26, 1986) (Justice Marshall) by Here the Court held that the deployment of uniformed security officers in a courtroom does not create an inherent danger that the jury may form the impression that the defendant …
Article • February 1, 2001 • from P&J February, 2001
U.S. v. Carter, No. 99-5430 (6th Cir.) (236 F.3d 777) (January 18, 2001) (Judge Karen Nelson Moore) by
Article • January 1, 2001 • from P&J January, 2001
U.S. v. Hendrickson, No. 99-12088 (11th Cir.) (234 F.3d 494) (November 29, 2000) (Judge James Larry Edmondson) by In this case, the police allowed a television reporter into a suspect's home while they carried out a search of her home. She moved to suppress the evidence seized, arguing that the …
Article • December 15, 2000
New Jersey v. Portash, No. 77-1489 (U.S. Supreme Court) (440 U.S. 450; 99 S.Ct. 1292) (March 20, 1979) (Justice Stewart) by The issue addessed by the Court in this case was whether a prosecutor may use a person's legislatively immunized grand jury testimony to impeach his credibility as a testifying …
Article • December 1, 2000 • from P&J December, 2000
U.S. v. Wash, No. 00-1217 (7th Cir.) (231 F.3d 366) (November 2, 2000) (Judge Joel L. Flaum) by United States v. Wash, 231 F.3d 366 (7th Cir. 2000) (Judge Flaum) United States v. Varoudakis, 233 F.3d 113 (1st Cir. 2000) (Judge Lipez) It doesn’t take a genius to recognize that, …
Article • December 1, 2000 • from P&J December, 2000
U.S. v. Varoudakis, No. 99-1696 (1st Cir.) (233 F.3d 113) (December 4, 2000) (Judge Kermit A. Lipez) by United States v. Wash, 231 F.3d 366 (7th Cir. 2000) (Judge Flaum) United States v. Varoudakis, 233 F.3d 113 (1st Cir. 2000) (Judge Lipez) It doesn’t take a genius to recognize that, …
Article • August 17, 2000
Walder v. U.S., No. 121 (U.S. Supreme Court) (347 U.S. 62; 74 S.Ct. 354) (February 1, 2054) (Justice Frankfurter) by "In this drug case, the Court faced the issue of whether the exclusionary rule to the Fourth Amendment (first announced in Weeks v. U.S., 232 U.S. 383 (1914) and which …
Article • August 1, 2000 • from P&J August, 2000
U.S. v. Evans, No. 99-3068 (D.C. Cir.) (216 F.3d 80) (June 27, 2000) (Judge Merrick B. Garland) by Here the Court agreed that testimony of an FBI agent that he "had received information" from an inmate that the defendant was involved in drug trafficking was inadmissible hearsay - but the …
Article • August 1, 2000 • from P&J August, 2000
LaJoie v. Thompson, No. 98-35919 (9th Cir.) (217 F.3d 663) (June 23, 2000) (Judge A. Wallace Tashima) by In this case the defendant appealed the denial of his petition for a writ of habeas corpus, challenging his conviction in Oregon for rape, sodomy, and sexual abuse of a minor child. …
Article • July 1, 2000 • from P&J July, 2000
U.S. v. Brimah, No. 99-2927 (7th Cir.) (214 F.3d 854) (May 26, 2000) (Judge Joel L. Flaum) by Here the 7hh Circuit rejected a challenge to the use of illegally seized evidence at sentencing - a rule followed by most Circuits; but the panel expressly left open the question of …
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