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Article • November 1, 1996 • from P&J November, 1996
U.S. v. Norwood, No. 96-232 (D.N.J.) (939 F.Supp. 1132) (September 6, 1996) (Judge Stephen M. Orlofsky) by The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 469 (1993) continues to hold sway as the guiding pronouncement on the admissibility of scientific evidence in our courts. In …
Article • November 1, 1996 • from P&J November, 1996
U.S. v. Jinadu, No. 95-3833 (6th Cir.) (98 F.3d 239) (October 17, 1996) (Judge Leroy J. Jr. Contie) by This case is noted because it reviews the difficult and elusive concept of "adoptive admissions" under Rule 801(d)(2)(B). Essentially that Rule holds that adoptive admissions are not hearsay because the defendants’ …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Gerard, No. 96 CR 98 (N.D.Ill.) (926 F.Supp. 1351) (May 21, 1996) (Judge Ruben Castillo) by United States v. Forcelle, 86 F.3d 838 (8th Cir. 1996) (Judge Gibson) United States v. Gerard, 926 F.Supp. 1351 (N.D.Ill. 1996) (Judge Castillo) Here are two interesting cases that deal with Rule …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Forcelle, No. 95-3048 (8th Cir.) (86 F.3d 838) (June 24, 1996) (Judge John R. Gibson) by United States v. Forcelle, 86 F.3d 838 (8th Cir. 1996) (Judge Gibson) United States v. Gerard, 926 F.Supp. 1351 (N.D.Ill. 1996) (Judge Castillo) Here are two interesting cases that deal with Rule …
Article • June 1, 1996 • from P&J June, 1996
U.S. v. Pascarella, No. 95-1213 (L), No. 715 (2nd Cir.) (84 F.3d 61) (May 10, 1996) (Judge Daniel M. Friedman) by In trial where critical issue was whether defendant knew checks were stolen, district court did not abuse its discretion in admitting evidence that other stolen checks had recently been …
Article • January 1, 1995
U.S. v. Manarite, No. 93-10527 (9th Cir.) (44 F.3d 1407) (January 6, 1995) (Judge Joseph T. Sneed) by Court rejected defendant's claim that the trial court committed reversible error by permitting the introduction of evidence showing the defendant's parole status, in large part because the trial court gave limiting instructions …
Article • January 1, 1994 • from P&J November, 1996
U.S. v. Brown, No. 91-1420 (2nd Cir.) (961 F.2d 1039) (April 9, 1992) (Per Curiam) by The defendant in this case rented a basement apartment that was accessible to the landlord. After the landlord found several firearms in the defendant's apartment, including an Uzi machine gun, she contacted the police. …
Article • January 1, 1994
U.S. v. Johnson, No. 93-5071 (6th Cir.) (27 F.3d 1186) (July 12, 1994) (Judge James L. Ryan) by Case is noted for the Court's adknowledgment that other crimes evidence "unquestionably has a powerful and prejudicial impact. That, of course, is why the prosecution uses such evidence whenever it can.". Here …
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