Search | Punch and Jurists

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 …

U.S. v. DeSantis, No. 96-4289 (6th Cir.) (134 F.3d 760) (January 20, 1998) (Judge James L. Ryan)

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

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

U.S. v. DeSantis, No. 96-4289 (6th Cir.) (134 F.3d 760) (January 20, 1998) (Judge James L. Ryan) by One of the issues raised in this case was whether it was proper to admit the testimony of the defendant's partner concerning why their limited partnership collapsed. The Court held that "the …

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer)

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

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

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer) by Here the Court held that evidence that the defendant had, some 10 years previously, engaged in two acts of witness tampering was admissible to show the defendant's intent in the instant case. …

U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (981 F.Supp. 1074) (October 21, 1997) (Judge James G. Carr)

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

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

U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (981 F.Supp. 1074) (October 21, 1997) (Judge James G. Carr) by In this case, the Government sought to introduce certain allegedly altered documents as evidence of intent to defraud and consciousness of guilt on the part of the defendant. The Court held that because …

U.S. v. Tomberlin, No. 97-1963 (8th Cir.) (130 F.3d 1318) (December 12, 1997) (Judge Pasco M. II Bowman)

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

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

U.S. v. Tomberlin, No. 97-1963 (8th Cir.) (130 F.3d 1318) (December 12, 1997) (Judge Pasco M. II Bowman) by Case held that when the defendant asserted a "mere presence" defense, he challanged both his knowledge and intent, thereby allowing admission of prior arrests and convictions offered to show intent and …

U.S. v. Doyle, No. 96-1542, No. 1352 (2nd Cir.) (130 F.3d 523) (December 4, 1997) (Judge James L. Oakes)

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

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

U.S. v. Doyle, No. 96-1542, No. 1352 (2nd Cir.) (130 F.3d 523) (December 4, 1997) (Judge James L. Oakes) by Case held that "evidence of specific acts is not admissible under fed.R.Evid. 405(b) when character is not an element of the crime charged." (id., at 542).

U.S. v. Wardlaw, No. 1:97-CR-114MHS (N.D.Ga.) (977 F.Supp. 1481) (September 22, 1997) (Judge Marvin H. Shoob)

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

Filed under: Punch And Jurists, Authencity/Authentication

U.S. v. Wardlaw, No. 1:97-CR-114MHS (N.D.Ga.) (977 F.Supp. 1481) (September 22, 1997) (Judge Marvin H. Shoob) by United States v. Padilla-Pena, 129 F.3d 457 (8th Cir. 1997) (Judge Gibson) Both of these cases deal with various aspects of the Federal wire-tap laws. In Padilla-Pena the defendants claimed that the Government …

U.S. v. Wind, No. 97-1810MN (8th Cir.) (128 F.3d 1276) (November 17, 1997) (Judge George G. Fagg)

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

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

U.S. v. Wind, No. 97-1810MN (8th Cir.) (128 F.3d 1276) (November 17, 1997) (Judge George G. Fagg) by The defendant in this case was convicted of one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4); and his Guideline sentencing range was 12 to 18 months. …

Smith v. S.E.C., No. 95-5862 (6th Cir.) (129 F.3d 356) (November 12, 1997) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Tape Recordings

Smith v. S.E.C., No. 95-5862 (6th Cir.) (129 F.3d 356) (November 12, 1997) (Judge Danny J. Boggs) by Court held that grant of preliminary injunction that barred SEC from prosecuting civil enforcement action was an abuse of discretion.

U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold) by Here the Court agreed that the district court had erred in permitting the introduction of certain impeachment evidence that resulted in undue prejudice and jury confusion, but neverthless held that the error …

U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian) by

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman)

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

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

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman) by Here, the Government argued that evidence of prior sexual misconduct was relevant to show intent, in particular the intent element required by the statute - but the court held that "intent is …

U.S. v. Wilson, No. 95-30998 (5th Cir.) (116 F.3d 1066) (June 26, 1997) (Judge Emilio M. Garza)

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

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

U.S. v. Wilson, No. 95-30998 (5th Cir.) (116 F.3d 1066) (June 26, 1997) (Judge Emilio M. Garza) by Among the many issues raised in this case, the court held that one defendant was unduly prejudiced by a joint trial with co-defendants who were the only witnesses who could verify his …

U.S. v. Richards, No. 96-3796 (8th Cir.) (118 F.3d 622) (July 21, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Rape Shield Rule

U.S. v. Richards, No. 96-3796 (8th Cir.) (118 F.3d 622) (July 21, 1997) (Judge Morris Sheppard Arnold) by The defendant in this case was accused of rape; and his principal defense was that the victim had had intercourse with several other people immediately prior to her altercation with the defendant; …

U.S. v. White, No. 94-3063 (D.C. Cir.) (116 F.3d 903) (June 27, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. White, No. 94-3063 (D.C. Cir.) (116 F.3d 903) (June 27, 1997) (Per Curiam) by In this case, the district court had allowed defense counsel to cross-examine a police officer about a hearsay declarant's drug use, drug dealing, and prior convictions, but had not allowed defense counsel to impeach …

U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott) by Case affirmed the use of drug dealer profile evidence to establish a modus operandi. The principal issue in this case dealt with the growing use of the made-to-measure “drug dealer profile” - …

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, Daubert Standards

U.S. v. Scholl, No. CR 95-576 (D.Ariz.) (959 F.Supp. 1189) (February 27, 1997) (Judge Roslyn O. Silver) by This case is noted for its extended discussion of the admissibility of expert testimony to establish a "compulsive gambling disorder defense." Before trial, the Government moved to preclude the use of such …

Mitchell v. Prunty, No. 94-55990 (9th Cir.) (107 F.3d 1337) (February 26, 1997) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Gang Membership

Mitchell v. Prunty, No. 94-55990 (9th Cir.) (107 F.3d 1337) (February 26, 1997) (Judge Alex Kozinski) by

U.S. v. Carraway, No. 94-`938 (7th Cir.) (108 F.3d 745) (March 5, 1997) (Per Curiam)

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

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

U.S. v. Carraway, No. 94-`938 (7th Cir.) (108 F.3d 745) (March 5, 1997) (Per Curiam) by This was one of those massive drug conspiracy cases that charged twenty-seven people as co- conspirators. Twenty two of them pled guilty; and five went to trial. One of the many issues raised in …

U.S. v. One Lot of U.S. Currency ($36,634), No. 96-1753 (1st Cir.) (103 F.3d 1048) (January 8, 1997) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Post-Complaint Evidence

U.S. v. One Lot of U.S. Currency ($36,634), No. 96-1753 (1st Cir.) (103 F.3d 1048) (January 8, 1997) (Judge Sandra L. Lynch) by "In civil forfeiture cases brought by the government under § 881, U.S. Customs procedures control the allocation of the parties' burdens of proof. 21 U.S.C. § 881(d) …