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U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver) by Case held that under Daubert a doctor should have been permitted to testify that the defendant suffered from a compulsive gambling disorder. This case is noted for its extended discussion of the …

Mackall v. Murray, No. 95-4018 (4th Cir.) (109 F.3d 957) (March 25, 1997) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Mackall v. Murray, No. 95-4018 (4th Cir.) (109 F.3d 957) (March 25, 1997) (Judge Sam J. III Ervin) by Case explored issue of when a petitioner is entitled to assistance of counsel on a habeas appeal to claim ineffective assistance of counsel claim in a prior appeal. This case held …

Singleton v. Norris, No. 95-3032 (8th Cir.) (108 F.3d 872) (March 12, 1997) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Singleton v. Norris, No. 95-3032 (8th Cir.) (108 F.3d 872) (March 12, 1997) (Judge Roger L. Wollman) by The petitioner in this case, a black male, was convicted in an Arkansas state court in 1979 of the capital felony murder of a white female. After he was sentenced to death, …

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham) by An important and widely-publicized bank fraud conviction was overturned in this case because the Government failed to adhere to some of the Rules of Evidence, particularly Rules 403, 701 and 801. The …

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham) by Conviction reversed based on violations of Federal Rules of Evidence including failure to qualify bank examiner as an expert.

U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Smart, No. 95-3056 (D.C. Cir.) (98 F.3d 1379) (November 1, 1996) (Judge Patricia M. Wald) by An important and widely-publicized bank fraud conviction was overturned in this case because the Government failed to adhere to some of the Rules of Evidence, particularly Rules 403, 701 and 801. The …

U.S. v. Catlett, No. 93-3189 (D.C. Cir.) (97 F.3d 565) (October 11, 1996) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Catlett, No. 93-3189 (D.C. Cir.) (97 F.3d 565) (October 11, 1996) (Judge Harry T. Edwards) by One of the issues raised in this case was whether a police officer's qualification as an expert witness unfairly bolstered his credibility as a fact witness. In support of this claim, the …

Boria v. Keane, No. 95-2688, No. 1332 (2nd Cir.) (83 F.3d 48) (May 3, 1996) (Judge Whitman Knapp)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Boria v. Keane, No. 95-2688, No. 1332 (2nd Cir.) (83 F.3d 48) (May 3, 1996) (Judge Whitman Knapp) by Here the Court granted habeas relief to a sentence who had been sentenced to 20 years to life, because his counsel allowed him to reject a plea offer of 1 to …

U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr) by Case held that expert qualifications were not required before admitting testimony by undercover officer, that he had never seen drug dealers bring casual innocent observer to drug deal.

U.S. v. Galloway, No. 93-4169 (10th Cir.) (56 F.3d 1239) (May 26, 1995) (Judge Stephen H. Anderson)

Article • July 1, 1995

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Galloway, No. 93-4169 (10th Cir.) (56 F.3d 1239) (May 26, 1995) (Judge Stephen H. Anderson) by Case held that claims of ineffective counsel need not be raised on direct appeal in order to be cognizable in a habeas appeal.

U.S. v. Day, No. 91-1938 (3rd Cir.) (969 F.2d 39) (July 13, 1992) (Judge Edward R. Becker)

Article • January 1, 1994

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Day, No. 91-1938 (3rd Cir.) (969 F.2d 39) (July 13, 1992) (Judge Edward R. Becker) by Here the Court held that the defendant properly stated a claim of ineffective assistance of counsel where he alleged that the advise he received about his plea bargain was so incorrect and …

Starr v. Lockhart, No. 92-1466 (8th Cir.) (23 F.3d 1280) (May 2, 1994) (Judge C. Arlen Beam)

Article • January 1, 1994

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Starr v. Lockhart, No. 92-1466 (8th Cir.) (23 F.3d 1280) (May 2, 1994) (Judge C. Arlen Beam) by Case held that capital defendant's due process right to expert assistance was not satisfied by court-ordered examination, suggesting that the amount of funds awarded for expert psychiatric assistance relates directly to competency …

U.S. v. Sanchez-Galvez, No. 93-1665 (7th Cir.) (33 F.3d 829) (August 29, 1994) (Judge William J. Bauer)

Article • January 1, 1994

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Sanchez-Galvez, No. 93-1665 (7th Cir.) (33 F.3d 829) (August 29, 1994) (Judge William J. Bauer) by Case affirmed convictions despite Government's failue to give Rule 16 notice of expert testimony - but in large part because the defendants were given time to depose the witness before trial.

U.S. v. Charters, No. 96-5568 (4th Cir.) (863 F.3d 302) (December 9, 1988) (Judge James Dickson Jr. Phillips)

Article • January 1, 1994

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Charters, No. 96-5568 (4th Cir.) (863 F.3d 302) (December 9, 1988) (Judge James Dickson Jr. Phillips) by Here the Court held that the determination of whether to forcibly medicate a pretrial detainee was best left to the “professional judgment” of institutional medical personnel and subject to judicial review …

U.S. v. Pelullo, No. 93-1261 (3rd Cir.) (14 F.3d 881) (January 24, 1994) (Judge Robert E. Cowen)

Article • January 1, 1994

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Pelullo, No. 93-1261 (3rd Cir.) (14 F.3d 881) (January 24, 1994) (Judge Robert E. Cowen) by In this case, the Third Circuit held that a defendant's prior conviction following a jury trial for wire fraud could not give rise to collateral estoppel to prevent relitigation of the same …