Search | Punch and Jurists

U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Houlihan, No. 95-1614 (1st Cir.) (92 F.3d 1271) (August 22, 1996) (Judge Bruce M. Selya) by Court observed that the Supreme Court "has yet to plot the crossroads at which the Confrontation Clause and the hearsay principles embedded in the Evidence Rules intersect". This case is noted in …

U.S. v. Tellier, No. 94-1451, No. 18 (2nd Cir.) (83 F.3d 578) (May 10, 1996) (Judge Ralph K. Jr. Winter)

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

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

U.S. v. Tellier, No. 94-1451, No. 18 (2nd Cir.) (83 F.3d 578) (May 10, 1996) (Judge Ralph K. Jr. Winter) by The defendant in this case was convicted of various RICO and Hobbs Act charges and, appealing pro se, he challenged the convictions on the grounds that the Government had …

U.S. v. Neal, No. 94-5588 (4th Cir.) (78 F.3d 901) (March 20, 1996) (Judge Diana Gribbon Motz)

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

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

U.S. v. Neal, No. 94-5588 (4th Cir.) (78 F.3d 901) (March 20, 1996) (Judge Diana Gribbon Motz) by Although the convictions in this drug case were affirmed, the decision is cited because Judge Motz wrote one of her typically lucid decisions on two issues: the admissibility of a co-conspirator's hearsay …

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Brothers, No. 95-1303 (3rd Cir.) (75 F.3d 845) (February 1, 1996) (Judge H. Lee Sarokin) by While this decision is not particularly scintillating, it is cited because it shows some of the growing discontent with the level of proof that is required at sentencing. Here, a sentence is …

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby)

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

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

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby) by

U.S. v. Wiedyk, No. 94-2342 (6th Cir.) (71 F.3d 602) (December 14, 1995) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Wiedyk, No. 94-2342 (6th Cir.) (71 F.3d 602) (December 14, 1995) (Judge Cornelia G. Kennedy) by Although this case ultimately holds that the improper admission of some hearsay evidence was harmless error, it is cited because it discusses in some detail Rule 801(d)(2)(D) of the Fed.R.Evid. That subsection, …

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer)

Article • December 1, 1995

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer) by In this case the defendant challenged to use of transcribed testimony of two witnesses given in an earlier trial of a co-conspirator while the defendant was a fugitive. Both witnesses died before …

U.S. v. Thomas, No. 93-6673 (11th Cir.) (62 F.3d 1332) (September 5, 1995) (Judge Edward E. Carnes)

Article • September 1, 1995

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Thomas, No. 93-6673 (11th Cir.) (62 F.3d 1332) (September 5, 1995) (Judge Edward E. Carnes) by

U.S. v. Trenkler, No. 94-1301 (1st Cir.) (61 F.3d 45) (July 18, 1995) (Judge Norman H. Stahl)

Article • September 1, 1995

Filed under: Punch And Jurists, Residual exception

U.S. v. Trenkler, No. 94-1301 (1st Cir.) (61 F.3d 45) (July 18, 1995) (Judge Norman H. Stahl) by Case held that while it was error to permit use of the resudual exception to allow computerized evidence to be introduced, the error was harmless. This case deals primarily with a highly …

U.S. v. Huckins, No. 94-30052 (9th Cir.) (53 F.3d 276) (April 25, 1995) (Judge Diarmuid F. O'Scannlain)

Article • June 1, 1995

Filed under: Punch And Jurists, Hearsay Evidence/Exceptions

U.S. v. Huckins, No. 94-30052 (9th Cir.) (53 F.3d 276) (April 25, 1995) (Judge Diarmuid F. O'Scannlain) by The Court noted that "Generally, hearsay evidence indeed may be used in sentencing. See U.S.S.G. 6A1.3(a). Because this court has held that 'a defendant clearly has a due process right not to …

U.S. v. Wise, No. 90-1070 (8th Cir.) (976 F.2d 393) (September 17, 1992) (Judge Roger L. Wollman)

Article • January 1, 1994

Filed under: Punch And Jurists, Reliability of Evidence

U.S. v. Wise, No. 90-1070 (8th Cir.) (976 F.2d 393) (September 17, 1992) (Judge Roger L. Wollman) by This case is particularly noted for the dissent by Judge Richard S. Arnold who assailed the courts' near-automatic acceptance of all statements contained in the presentence reports prepared by the Probation Department. …

U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall)

Article • January 1, 1994

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall) by Here the Court held that the "against interest" requirement of Rule 804(b)(3) applies not only to confessions of criminal responsibility, but also to remarks that "tend to subject" the declarant to criminal …