Search | Punch and Jurists

U.S. v. Winchenbach, No. 99-1202 (1st Cir.) (197 F.3d 548) (December 2, 1999) (Judge Bruce M. Selya)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Evidence - Extrinsic

U.S. v. Winchenbach, No. 99-1202 (1st Cir.) (197 F.3d 548) (December 2, 1999) (Judge Bruce M. Selya) by In this case the Court addressed "the line of demarcation between two closely related but poorly understood rules of evidence", name Rules 608(b) and 613(b), both of which relate to credibility-related use …

U.S. v. Caceres, No. 76-1309 (U.S. Supreme Court) (440 U.S. 741; 99 S.Ct. 1465) (April 2, 1979) (Justice Stevens)

Article • December 28, 1999

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Caceres, No. 76-1309 (U.S. Supreme Court) (440 U.S. 741; 99 S.Ct. 1465) (April 2, 1979) (Justice Stevens) by In this case the Court rejected a per se rule that every violation of the IRS Manual was tantamount to a due process violation; and the Court did leave open …

Wood v. Bartlolomew, No. 94-1419 (U.S. Supreme Court) (516 U.S. 1; 116 S.Ct. 7) (October 10, 1995) (Per Curiam)

Article • December 21, 1999

Filed under: Punch And Jurists, Materiality

Wood v. Bartlolomew, No. 94-1419 (U.S. Supreme Court) (516 U.S. 1; 116 S.Ct. 7) (October 10, 1995) (Per Curiam) by In this case, the Supreme Court held that a prosecutor has no constitutional duty even to disclose to a criminal defendant the fact that a witness against him has "failed" …

U.S. v. Harris, No. CR98-0070-MWB (N.D.Iowa) (65 F.Supp.2d 983) (August 24, 1999) (Judge Mark W. Bennett)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Harris, No. CR98-0070-MWB (N.D.Iowa) (65 F.Supp.2d 983) (August 24, 1999) (Judge Mark W. Bennett) by

U.S. v. Romero, No. 98-2358 (7th Cir.) (189 F.3d 576) (August 31, 1999) (Judge Terrence T. Evans)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Romero, No. 98-2358 (7th Cir.) (189 F.3d 576) (August 31, 1999) (Judge Terrence T. Evans) by The defendant in this case was charged with various acts of child molestation. The first issue raised on this appeal is whether Judge Kocoras abused his discretion when he admitted the testimony …

U.S. v. Armstrong, No. 98-4905 (4th Cir.) (187 F.3d 392) (July 15, 1999) (Judge J. Michael Luttig)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Armstrong, No. 98-4905 (4th Cir.) (187 F.3d 392) (July 15, 1999) (Judge J. Michael Luttig) by The Court held that Scott had superseded the Fourth Circuit's previous ruling in U.S. v. Workman, 585 F.2d 1205 (4th Cir. 1978) - and it noted that, even before the Supreme Court's …

U.S. v. Manske, No. 98-4245 (7th Cir.) (186 F.3d 770) (July 9, 1999) (Judge Joel L. Flaum)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Manske, No. 98-4245 (7th Cir.) (186 F.3d 770) (July 9, 1999) (Judge Joel L. Flaum) by While Rule 608(b) generally forbids proving specific instances of a witness' conduct for the purpose of attacking or supporting the witness' credibility, it does leave the ultimiate decision to the discretion of …

Elkins v. U.S., No. 126 (U.S. Supreme Court) (364 U.S. 206; 80 S.Ct. 1437) (June 27, 2060) (Justice Stewart)

Article • September 16, 1999

Filed under: Punch And Jurists, Exclusionary Rule

Elkins v. U.S., No. 126 (U.S. Supreme Court) (364 U.S. 206; 80 S.Ct. 1437) (June 27, 2060) (Justice Stewart) by In this case state police officers procured a search warrant for the defendant's home in an effort to retrieve obscene motion pictures. The search revealed no obscene pictures, but the …

Illinois v. Krull, No. 85-608 (U.S. Supreme Court) (480 U.S. 340; 107 S.Ct. 1160) (March 9, 1987) (Justice Blackmun)

Article • September 12, 1999

Filed under: Punch And Jurists, Exclusionary Rule

Illinois v. Krull, No. 85-608 (U.S. Supreme Court) (480 U.S. 340; 107 S.Ct. 1160) (March 9, 1987) (Justice Blackmun) by Here the Court considered whether a good faith exception to the Fourth Amendment exclusionary rule applied when a police officer's reliance on the constitutionality of a statute is objectively reasonable, …

U.S. v. Medina, No. 97-50148 (9th Cir.) (181 F.3d 1078) (June 22, 1999) (Judge Edward Leavy)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Medina, No. 97-50148 (9th Cir.) (181 F.3d 1078) (June 22, 1999) (Judge Edward Leavy) by In Elkins, the Supreme Court rejected the so-called "silver platter doctrine" which holds that evidence illegally seized by state officials can be admitted in a Federal criminal proceeding, so long as the Federal …

U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky) by The Government moved in limine to exclude any impeachment of a potential witness under Rule 608(b) based on prior conduct of that witness in failing to testify truthfully in a proceeding …

U.S. v. Matthews, No. 98-50055 (5th Cir.) (178 F.3d 295) (June 4, 1999) (Judge John M. Jr. Duhé)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Gang Membership

U.S. v. Matthews, No. 98-50055 (5th Cir.) (178 F.3d 295) (June 4, 1999) (Judge John M. Jr. Duhé) by The defendant argued that the Supreme Court's decision in Jones v. U.S., 119 S.Ct. 1215 (1999) required the Government to prove the elements of § 521 by proof beyond a reasonable …

Gardner v. Barnett, No. 98-1314 (7th Cir.) (175 F.3d 580) (May 4, 1999) (Judge Richard D. Cudahy)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Gang Membership

Gardner v. Barnett, No. 98-1314 (7th Cir.) (175 F.3d 580) (May 4, 1999) (Judge Richard D. Cudahy) by This case is noted for its discussion of two significant issues: when does a court's refusal to grant a defense request for a continuance constitute error of a constitutional magnitude; and when …

U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner) by In this case, the Court held that where the violation of the Fourth Amendment in a particular case causes no discernable harm to the interests of an individual protected by the particular …

U.S. v. Nash, No. 97-1601 (6th Cir.) (175 F.3d 429) (April 28, 1999) (Judge Ronald Lee Gilman)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Materiality

U.S. v. Nash, No. 97-1601 (6th Cir.) (175 F.3d 429) (April 28, 1999) (Judge Ronald Lee Gilman) by Here the Sixth Circuit joined the Second, Fifth, Ninth and Tenth Circuits in holding that materiality is not an element of 18 USC § 287, in part because it would set up …

U.S. v. Iron Cloud, No. 98-2430 (8th Cir.) (171 F.3d 587) (March 19, 1999) (Judge Donald P. Lay)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Iron Cloud, No. 98-2430 (8th Cir.) (171 F.3d 587) (March 19, 1999) (Judge Donald P. Lay) by In this case the defendant was convicted by a jury of involuntary manslaughter under 18 U.S.C. §§ 1153 and 1112. He appealed, arguing that the district court's decision to admit into …

U.S. v. Bensimon, No. 98-50080 (9th Cir.) (172 F.3d 1121) (April 13, 1999) (Judge Robert Boochever)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Impeachment

U.S. v. Bensimon, No. 98-50080 (9th Cir.) (172 F.3d 1121) (April 13, 1999) (Judge Robert Boochever) by Here the Court held that the admission of a 17-year old mail fraud conviction was improper under Rule 609(b) because it improperly balanced the probative value of that evidence and its prejudicial effect. …

U.S. v. Wiseman, No. 97-2301 (10th Cir.) (172 F.3d 1196) (April 5, 1999) (Judge William J. Jr. Holloway)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Identification Evidence and Testimony

U.S. v. Wiseman, No. 97-2301 (10th Cir.) (172 F.3d 1196) (April 5, 1999) (Judge William J. Jr. Holloway) by This appeal, involving a Federal prosecution under the Hobbs Act (18 U.S.C. § 1951) of the defendant for a series of bank robberies in New Mexico, raised a number of issues, …

U.S. v. Watson, No. 97-3153 (D.C. Cir.) (171 F.3d 695) (April 9, 1999) (Judge Judith W. Rogers)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Summation

U.S. v. Watson, No. 97-3153 (D.C. Cir.) (171 F.3d 695) (April 9, 1999) (Judge Judith W. Rogers) by In this case, during closing argument, the prosecutor misstated a defense witness’ testimony on a crucial point and did so while purporting to quote the witness’ testimony. The critical issue in this …

U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld) by Here the Ninth Circuit reversed a conviction because the district court had erroneously permitted the Government to introduce extensive evidence of the defendant's poverty in order to establish a motive to commit …