Search | Punch and Jurists

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer) by The issue in this case was whether a statement given to police by a declarant who was offered leniency in exchange for cooperation qualifies under the hearsay exception for statements against penal …

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, Exceptions

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 …

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer) by The issue in this case was whether a statement given to police by a declarant who was offered leniency in exchange for cooperation qualifies under the hearsay exception for statements against penal …

McBride v. Johnson, No. 96-10270 (5th Cir.) (118 F.3d 432) (August 1, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

McBride v. Johnson, No. 96-10270 (5th Cir.) (118 F.3d 432) (August 1, 1997) (Judge Carl E. Stewart) by This is an important decision that holds that the Texas Board of Corrections violated the petitioner's constitutional rights to procedural due process when it revoked the petitioner's parole on the basis of …

McBride v. Johnson, No. 96-10270 (5th Cir.) (118 F.3d 432) (August 1, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

McBride v. Johnson, No. 96-10270 (5th Cir.) (118 F.3d 432) (August 1, 1997) (Judge Carl E. Stewart) by Court held that use of hearsay evidence as basis for revoking parole constituted a violation of his procedural due process and Sixth Amendment rights.

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin) by Case rejected the use of hearsay statements against penal interest, holding that there must be indicia of trustworthiness of trhe specific essential assertions not merely the facts contained in the statement.

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin)

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

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

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin) by Case held that hearsay statements are not admissible under Rule 803 merelt because they appear within public records.

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by Case held it was reversible error to refuse to admit all of an inclupatory statement by defendant's father, who was a fugitive at the time of trial.

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes) by Case explored at length the history and purposes of Rule 804(b)(3) and held that there is no per se bar to admission of any and all statements against interest that implicate another.

U.S. v. Miller, No. 95-1077(L), No. 343 (2nd Cir.) (116 F.3d 641) (June 20, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Exceptions

U.S. v. Miller, No. 95-1077(L), No. 343 (2nd Cir.) (116 F.3d 641) (June 20, 1997) (Judge Amalya Lyle Kearse) by Court held that an act that is alleged to have been done in furtherance of an alleged conspiracy is not an "other" act within the meaning of Rule 404(b); rather …

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes) by Case held that corroboration requirement for admission of statement against interest is not concerned with the veracity of the in-court witness but the trustworthiness of the out-of-court statement (Id., at 1300).

U.S. v. Harbin, No. 96-3015 (8th Cir.) (112 F.3d 974) (May 5, 1997) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Harbin, No. 96-3015 (8th Cir.) (112 F.3d 974) (May 5, 1997) (Judge Pasco M. II Bowman) by Here, although the Court held that the Government had failed to prove that it had made a good faith effort to locate witness before trial, the erroneous admission of that witness' …

U.S. v. Rouse, No. 95-1554 (8th Cir.) (111 F.3d 561) (April 11, 1997) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Residual exception

U.S. v. Rouse, No. 95-1554 (8th Cir.) (111 F.3d 561) (April 11, 1997) (Judge James B. Loken) by Here the Court held that that hearsay evidence of what three child victims of alleged sexual abuse said during initial interviews with the FBI was admissible under the residual exception of Rule …

U.S. v. Goldberg, No. 96-1132 (1st Cir.) (105 F.3d 770) (February 3, 1997) (Judge Michael Boudin)

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

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

U.S. v. Goldberg, No. 96-1132 (1st Cir.) (105 F.3d 770) (February 3, 1997) (Judge Michael Boudin) by One of the issues raised in this case was the contested admission, pursuant to Rule 801(d)(2)(E), of two out-of-court conversations as statements made “by a co-conspirator of a party during the course and …

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

Article • December 1, 1996 • from P&J December, 1996

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

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by "The Appellants challenge the admissibility of the records under the business records exception on the ground that the cardholders were not acting in the regular course of business when they made …

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Residual exception

U.S. v. Ismoila, No. 93-2486 (5th Cir.) (100 F.3d 380) (November 13, 1996) (Judge John M. Jr. Duhé) by "Although the statements of the cardholders do not qualify as business records, both the written affidavits and the oral statements made to the bank personnel are admissible under the residual exceptions …

U.S. v. Montgomery, No. 95-3380 (8th Cir.) (100 F.3d 1404) (November 22, 1996) (Judge Gerald W. Heaney)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Exceptions

U.S. v. Montgomery, No. 95-3380 (8th Cir.) (100 F.3d 1404) (November 22, 1996) (Judge Gerald W. Heaney) by Court held that Fifth Amendment protection agianst compelled testimony does not offer protection from the compelled production of of physical evidence such as fingerprints, photographs, measurements, writing or speaking for identification, appearing …

U.S. v. Peterson, No. 96-1212, No. 339 (2nd Cir.) (100 F.3d 7) (November 4, 1996) (Judge Amalya Lyle Kearse)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Peterson, No. 96-1212, No. 339 (2nd Cir.) (100 F.3d 7) (November 4, 1996) (Judge Amalya Lyle Kearse) by Case held that a defendant who exercises his privilege not to testify at a second trial of his case is not entitled to introduce the testimony he gave at the …

U.S. v. Jacobs, No. 95-3029EA (8th Cir.) (97 F.3d 275) (October 3, 1996) (Judge James M. Burns)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Witnesses - Availability

U.S. v. Jacobs, No. 95-3029EA (8th Cir.) (97 F.3d 275) (October 3, 1996) (Judge James M. Burns) by Here the Court held that there was no violation of the defendant's Confrontation Clause rights by allowing the Government to present the testimony and permit the cross-examinatioin of a pregant witness by …

U.S. v. Nesser, No. Crim. No. 95-36 (W.D.Pa.) (937 F.Supp. 507) (August 6, 1996) (Judge Robert J. Cindrich)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Exceptions

U.S. v. Nesser, No. Crim. No. 95-36 (W.D.Pa.) (937 F.Supp. 507) (August 6, 1996) (Judge Robert J. Cindrich) by Here the Court analyzes the three exceptions to the general rule that a defendant has no right to bail after conviction but before sentencing. This case explores the bases upon which …