Search | Punch and Jurists

U.S. v. Prawl, No. 98-1259, No. 885 (2nd Cir.) (168 F.3d 622) (February 19, 1999) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Prawl, No. 98-1259, No. 885 (2nd Cir.) (168 F.3d 622) (February 19, 1999) (Judge Dennis G. Jacobs) by The defendant appealed his conviction on four drug related offenses arguing that the district court omitted from the jury charge several requested instructions, including one directing the jury to disregard …

U.S. v. Ohler, No. 98-50282 (9th Cir.) (169 F.3d 1200) (March 9, 1999) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Ohler, No. 98-50282 (9th Cir.) (169 F.3d 1200) (March 9, 1999) (Judge Melvin Brunetti) by In this case the defendant relied upon the holding in U.S. v. Fisher, 106 F.3d 622 (5th Cir. 1997) for the proposition that, by raising her prior convictions during direct examination (as expressly …

U.S. v. James, No. 96-30081 (9th Cir.) (169 F.3d 1210) (March 9, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. James, No. 96-30081 (9th Cir.) (169 F.3d 1210) (March 9, 1999) (Judge John T. Jr. Noonan) by Reversing a decision reported at 139 F.3d 748, the en banc court held that the district court erred in excluding relevant evidence corroborating the defendant's self-defense theory that her boyfriend was …

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner) by Here Judge Gertner rejected a Government motion to permit it to use evidence of the defendant's prior rape conviction under Rule 609(a), on the grounds that its probative value was greatly overvalued and …

U.S. v. $9,041,598.68, No. 97-20413 (5th Cir.) (163 F.3d 238) (December 15, 1998) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Post-Complaint Evidence

U.S. v. $9,041,598.68, No. 97-20413 (5th Cir.) (163 F.3d 238) (December 15, 1998) (Judge Fortunato P. Benavides) by The Court noted that the Ninth, First and Eighth Circuits have held that the Government is restricted to evidence acquired at the time of the complaint (see U.S. v. $191,910.00 in United …

U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel)

Article • October 1, 1998 • from P&J October, 1998

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

U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel) by This case involves the conviction and sentencing of Timothy McVeigh for his role in the bombing of the Murrah Federal Building in Oklahoma City, in 1995. As can be expected, defense counsel …

U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum)

Article • September 1, 1998 • from P&J September, 1998

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

U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum) by In this case the Court expressed strong reservations about using "group character evidence" from which the jury could conclude that the defendant is guilty based on his membership in some nefarious group …

U.S. v. Garcia, No. 97-10377 (9th Cir.) (151 F.3d 1243) (August 25, 1998) (Judge Stephen Reinhardt)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Gang Membership

U.S. v. Garcia, No. 97-10377 (9th Cir.) (151 F.3d 1243) (August 25, 1998) (Judge Stephen Reinhardt) by As any criminal defense lawyer knows, the Government loves to win its cases with broad strokes of the paint brush that in reality are nothing more than a liberal coating of guilt by …

U.S. v. Begay, No. 97-2127 (10th Cir.) (144 F.3d 1336) (May 27, 1998) (Judge James K. Logan)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Impeachment

U.S. v. Begay, No. 97-2127 (10th Cir.) (144 F.3d 1336) (May 27, 1998) (Judge James K. Logan) by Case held that exclusion of evidence that Government's witness had been convicted of various crimes was not error because evidence of a prior drug conviction was not necessarily relevant to credibility and …

U.S. v. Gartmon, No. 96-3102 (D.C. Cir.) (146 F.3d 1015) (July 14, 1998) (Judge Merrick B. Garland)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Summation

U.S. v. Gartmon, No. 96-3102 (D.C. Cir.) (146 F.3d 1015) (July 14, 1998) (Judge Merrick B. Garland) by Here the Court established three factors to be considered in determining whether a defendant has suffered sufficient prejudice to warrant a new trial, based on a misstatement of fact to the jury …

U.S. v. Dunson, No. 97-1163 (10th Cir.) (142 F.3d 1213) (April 24, 1998) (Judge John C. Porfilio)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Impeachment

U.S. v. Dunson, No. 97-1163 (10th Cir.) (142 F.3d 1213) (April 24, 1998) (Judge John C. Porfilio) by Case held that for purposes of Rule 609(a)(2), shoplifting was not automatically a crime involving "dishonesty or false statement" within meaning of rule governing admission of evidence of prior misdemeanor convictions. Here, …

U.S. v. Ely, No. 96-30070 (9th Cir.) (142 F.3d 1113) (April 23, 1998) (Judge John T. Jr. Noonan)

Article • July 1, 1998 • from P&J July, 1998

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

U.S. v. Ely, No. 96-30070 (9th Cir.) (142 F.3d 1113) (April 23, 1998) (Judge John T. Jr. Noonan) by This expansive bank fraud case should throw a tremor of fear in the hearts of directors of all financial institutions who can now be charged criminally, on the basis of hindsight, …

Pennsylvania Board of Probation and Parole v. Scott, No. 97-581 (U.S. Supreme Court) (524 U.S. 357; 118 S.Ct. 2014) (June 22, 1998) (Justice Thomas)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Exclusionary Rule

Pennsylvania Board of Probation and Parole v. Scott, No. 97-581 (U.S. Supreme Court) (524 U.S. 357; 118 S.Ct. 2014) (June 22, 1998) (Justice Thomas) by By a vote of 5 to 4, the Supreme Court had ruled that illegally seized evidence, which would be barred by the exclusionary rule announced …

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam)

Article • June 1, 1998 • from P&J June, 1998

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

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam) by Case held that a plea of not guilty makes "intent" a material issue which permits introduction of evidence of past crimes to allow the Government to meet its "substantial" burden of proof.

U.S. v. Parsons, No. 97-1522 (1st Cir.) (141 F.3d 386) (April 16, 1998) (Judge Michael Boudin)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Parsons, No. 97-1522 (1st Cir.) (141 F.3d 386) (April 16, 1998) (Judge Michael Boudin) by United States v. Parsons, 141 F.3d 386 (1st Cir. 1998) (Judge Boudin) United States v. Sclafani, 996 F.Supp. 400 (D.N.J. 1998) (Judge Orlofsky) Both of these cases deal with common restitution issues. In …

U.S. v. Hadrick, No. Crim. No. 96-12 (W.D.Pa.) (996 F.Supp. 464) (April 2, 1998) (Judge Sean J. McLaughlin)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Summation

U.S. v. Hadrick, No. Crim. No. 96-12 (W.D.Pa.) (996 F.Supp. 464) (April 2, 1998) (Judge Sean J. McLaughlin) by This case is noted for its ruling that "when a prosecutor resorts to evidence outside the record in her closing argument, it implicates the defendant's Fifth Amendment right to be judged …

U.S. v. Loveless, No. 97-2960 (8th Cir.) (139 F.3d 587) (April 7, 1998) (Judge Richard H. Kyle)

Article • May 1, 1998 • from P&J May, 1998

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

U.S. v. Loveless, No. 97-2960 (8th Cir.) (139 F.3d 587) (April 7, 1998) (Judge Richard H. Kyle) by Court held that "Rule 404(b) is a rule of inclusion; it allows the court to admit evidence of prior bad acts unless it tends to prove only a defendant's criminal disposition." (Id., …

U.S. v. Neder, No. 92-2929 (11th Cir.) (136 F.3d 1459) (March 19, 1998) (Judge Frank May Hull)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Materiality

U.S. v. Neder, No. 92-2929 (11th Cir.) (136 F.3d 1459) (March 19, 1998) (Judge Frank May Hull) by Joining the First, Fifth, Seventh and Ninth Circuits, the Eleventh Circuit held that the question of materiality under 26 USC § 7206(1) is for the jury - and not for the trial …

U.S. v. Sheinbaum, No. 97-41055 (5th Cir.) (136 F.3d 443) (February 27, 1998) (Judge Patrick E. Higginbotham)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Civil Settlement - Effect of

U.S. v. Sheinbaum, No. 97-41055 (5th Cir.) (136 F.3d 443) (February 27, 1998) (Judge Patrick E. Higginbotham) by Case held that the fact that the defendants had reached a civil settlement with their victim did not preclude an award of restitution under the VWPA. In this case the Court acknowledged …

U.S. v. Wilson, No. 95-5581 (4th Cir.) (135 F.3d 291) (January 29, 1998) (Judge M. Blane Michael)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Summation

U.S. v. Wilson, No. 95-5581 (4th Cir.) (135 F.3d 291) (January 29, 1998) (Judge M. Blane Michael) by This case gives one scary example of how far some prosecutors will go to achieve a conviction - even if it means fabricating crimes and deliberately withholding material exculpatory evidence. In this …