Search | Punch and Jurists

U.S. v. Myers, No. 95-5316 (6th Cir.) (102 F.3d 227) (December 11, 1997) (Judge Gerald E. Rosen)

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

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

U.S. v. Myers, No. 95-5316 (6th Cir.) (102 F.3d 227) (December 11, 1997) (Judge Gerald E. Rosen) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) United States v. Myers, 102 F.3d 227 (6th Cir. 1996) Both of these cases deal with the scope of Rule 404(b) of …

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Jobson, No. 95-1743 (6th Cir.) (102 F.3d 214) (December 10, 1997) (Judge Cornelia G. Kennedy) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) United States v. Myers, 102 F.3d 227 (6th Cir. 1996) Both of these cases deal with the scope of Rule 404(b) of …

U.S. v. Morla-Trinidad, No. 96-1070 (1st Cir.) (100 F.3d 1) (November 8, 1996) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Morla-Trinidad, No. 96-1070 (1st Cir.) (100 F.3d 1) (November 8, 1996) (Judge Norman H. Stahl) by This case is noted because it discusses a mode of impeachment of a witness - namely, the so-called "impeachment exception to the exclusionary rule" - that is not specifically treated in the …

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle)

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

Filed under: Punch And Jurists, Summation

U.S. v. Donato, No. 95-3195 (D.C. Cir.) (99 F.3d 426) (November 8, 1996) (Judge David B. Sentelle) by This is an astonishing decision, not just because the D.C. Circuit found merit in each of the four issues raised by the defendant on appeal and thus vacated a series of convictions, …

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz)

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

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

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz) by Here the Court rejected a claim that the Government improperly withheld favorable evidence by applying tangled distinctions between material evidence under the Brady rule and impeachment evidence under Rule 608. This …

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz)

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

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

U.S. v. Gonzalez, No. CR 95-52 MMS (D.Del.) (938 F.Supp. 1199) (August 15, 1996) (Judge Murray M. Schwartz) by Here the Court rejected a claim that the Government improperly withheld favorable evidence by applying tangled distinctions between material evidence under the Brady rule and impeachment evidence under Rule 608. This …

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Materiality

U.S. v. Upton, No. 95-50206 (5th Cir.) (91 F.3d 677) (July 29, 1996) (Judge Harold R. Jr. DeMoss) by To date, Four other circuits have held that materiality is not an element of § 287. See United States v. Nash, 175 F.3d 429 (6th Cir. 1999); United States v. Taylor, …

U.S. v. Hall, No. 95-2994 (7th Cir.) (93 F.3d 1337) (August 27, 1996) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Hall, No. 95-2994 (7th Cir.) (93 F.3d 1337) (August 27, 1996) (Judge Diane P. Wood) by In this rather strange ruling, the Seventh Circuit vacated a conviction on the grounds that the district court had applied the incorrect standard in excluding and limiting proffered expert testimony concerning the …

U.S. v. Irvin, No. 95-2895 (7th Cir.) (87 F.3d 860) (June 20, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Irvin, No. 95-2895 (7th Cir.) (87 F.3d 860) (June 20, 1996) (Judge Joel L. Flaum) by This is one of those rare cases in which the conviction of one of two defendants (both of whom were charged with possession of drugs with intent to distribute) was reversed because …

U.S. v. Hernandez, No. 95-1882 (7th Cir.) (84 F.3d 931) (May 21, 1996) (Judge William J. Bauer)

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

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

U.S. v. Hernandez, No. 95-1882 (7th Cir.) (84 F.3d 931) (May 21, 1996) (Judge William J. Bauer) by Here the Court held that a prior marijuana conviction was similar enough to the charged crimes of distribution of of cocaine and heroin as to be admissible under Fed.R.Evid. 404(b) to show …

U.S. v. Long, No. 95-2724 (7th Cir.) (86 F.3d 81) (June 4, 1996) (Judge Joel L. Flaum)

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

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

U.S. v. Long, No. 95-2724 (7th Cir.) (86 F.3d 81) (June 4, 1996) (Judge Joel L. Flaum) by After the defendant was convicted of drug trafficking, he appealed arguing that the trial court had improperly (and over his Rule 404(b) objections) allowed the introduction of testimony from a witness about …

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum) by This case reviews two common examples of how the Government obtains convictions by testing the limits of Rule 403 of the Fed.R.Evid. That Rule, at least in theory, prohibits the use of …

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Thomas, No. 95-1612 (7th Cir.) (86 F.3d 647) (May 31, 1996) (Judge Joel L. Flaum) by This case reviews two common examples of how the Government obtains convictions by testing the limits of Rule 403 of the Fed.R.Evid. That Rule, at least in theory, prohibits the use of …

U.S. v. Funches, No. 94-1419 (7th Cir.) (84 F.3d 249) (May 20, 1996) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Identification Evidence and Testimony

U.S. v. Funches, No. 94-1419 (7th Cir.) (84 F.3d 249) (May 20, 1996) (Judge Joel L. Flaum) by This police line-up case is noted because the Seventh Circuit ruled that a police line-up procedure was not so unduly suggestive as to render the witness' identification inadmissible even though the defendant …

Shahzade v. Gregory, No. 92-12139-EFH (D.Mass.) (923 F.Supp. 286) (May 8, 1996) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists, Daubert Standards

Shahzade v. Gregory, No. 92-12139-EFH (D.Mass.) (923 F.Supp. 286) (May 8, 1996) (Judge Edward F. Harrington) by Any lawyer who has ever attempted to persuade a judge at sentencing that his client suffered from some physical or mental ailment that ought to qualify him for a downward adjustment in his …

U.S. v. Klausner, No. 95-1451, No. 862 (2nd Cir.) (80 F.3d 55) (March 27, 1996) (Judge Roger J. Miner)