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U.S. v. Dillingham, No. 1:17-cr-184-AJT (E.D.Va.) (320 F.Supp.3d 809) (May 29, 2018) (Judge Anthony J. Trenga)

Article • December 17, 2018 • from P&J December, 2018

Filed under: Punch And Jurists, Propensity Evidence

U.S. v. Dillingham, No. 1:17-cr-184-AJT (E.D.Va.) (320 F.Supp.3d 809) (May 29, 2018) (Judge Anthony J. Trenga) by This is an interesting decision in which Judge Trenga not only trashed the Government’s case against the Defendant, he also raised a number of interesting legal issues that could be raised by defendants …

Packingham v. North Carolina, No. 15-1194 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1730) (June 19, 2017) (Justice Kennedy)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Social Media

Packingham v. North Carolina, No. 15-1194 (U.S. Supreme Court) (582 U.S. ___; 137 S.Ct. 1730) (June 19, 2017) (Justice Kennedy) by In this decision, “one of the first . . . to address the relationship between the First Amendment and the modern Internet,” the Supreme Court held that laws that …

U.S. v. Browne, No. 14-1798 (3rd Cir.) (834 F.3d 403) (August 25, 2016) (Judge Cheryl Ann Krause)

Article • December 5, 2016 • from P&J December, 2016

Filed under: Punch And Jurists, Social Media

U.S. v. Browne, No. 14-1798 (3rd Cir.) (834 F.3d 403) (August 25, 2016) (Judge Cheryl Ann Krause) by Here the Court provided a comprehensive guide to the rules governing the admission of social media evidence in Federal criminal prosecutions; and rejected the contention that Facebook Chats are "self-authenticating" as business …

U.S. v. Flores, No. 14-50027 (9th Cir.) (802 F.3d 1028) (September 23, 2016) (Judge Kim McLane Wardlaw)

Article • January 25, 2016 • from P&J January, 2016

Filed under: Punch And Jurists, Social Media

U.S. v. Flores, No. 14-50027 (9th Cir.) (802 F.3d 1028) (September 23, 2016) (Judge Kim McLane Wardlaw) by On the evening of June 21, 2012, Citalli Flores was stopped by Customs and Border Protection agents as she entered the United States following a day trip to Tijuana, Mexico. When she …

U.S. v. McElmurry, No. 12-50183 (9th Cir.) (776 F.3d 1061) (January 26, 2015) (Judge Andrew J. Kleinfeld)

Article • April 13, 2015 • from P&J February, 2015

Filed under: Punch And Jurists, Sex Crimes

U.S. v. McElmurry, No. 12-50183 (9th Cir.) (776 F.3d 1061) (January 26, 2015) (Judge Andrew J. Kleinfeld) by CASE SUMMARY OVERVIEW: HOLDINGS: [1]-Convicting defendant of possessing and distributing the same child pornography images did not amount to double jeopardy as neither possession nor distribution of child pornography was necessarily a …

U.S. v. Richards, No. 12-2790 (7th Cir.) (719 F.3d 746) (June 14, 2013) (Judge Joel L. Flaum)

Article • September 23, 2013 • from P&J September, 2013

Filed under: Punch And Jurists, Propensity Evidence

U.S. v. Richards, No. 12-2790 (7th Cir.) (719 F.3d 746) (June 14, 2013) (Judge Joel L. Flaum) by This case is noted for its excellent and enlightening discussion of one of the most difficult to comprehend aspects of the use of “prior bad acts evidence” as set forth in Rule …

U.S. v. Wilson, No. 06-4180 (4th Cir.) (624 F.3d 640) (August 11, 2010) (Judge G. Steven Agee)

Article • January 10, 2011 • from P&J January, 2011

Filed under: Punch And Jurists, Propensity Evidence

U.S. v. Wilson, No. 06-4180 (4th Cir.) (624 F.3d 640) (August 11, 2010) (Judge G. Steven Agee) by

U.S. v. Curtin, No. 04-10632 (9th Cir.) (489 F.3d 935) (May 24, 2007) (Judge Stephen S. Trott)

Article • May 1, 2007 • from P&J May, 2007

Filed under: Punch And Jurists, Sex Crimes

U.S. v. Curtin, No. 04-10632 (9th Cir.) (489 F.3d 935) (May 24, 2007) (Judge Stephen S. Trott) by In U.S. v. Curtain, 443 F.3d 1084 (9th Cir. Apr. 4, 2006) (P&J, 03/06/06), a divided Ninth Circuit panel issued a fascinating decision that reversed a child sex predator’s conviction because the …

U.S. v. Seymour, No. 06-2306 (7th Cir.) (472 F.3d 969) (January 8, 2007) (Judge Richard A. Posner)

Article • February 1, 2007 • from P&J February, 2007

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

U.S. v. Seymour, No. 06-2306 (7th Cir.) (472 F.3d 969) (January 8, 2007) (Judge Richard A. Posner) by

Michelson v. U.S., No. 23 (U.S. Supreme Court) (335 U.S. 469; 69 S.Ct. 213) (December 20, 2048) (Justice Jackson)

Article • January 12, 2007

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

Michelson v. U.S., No. 23 (U.S. Supreme Court) (335 U.S. 469; 69 S.Ct. 213) (December 20, 2048) (Justice Jackson) by The defendant in this case was convicted of bribing a federal revenue agent. At trial on cross-examination of his character witnesses, the prosecutor asked the witnesses if they had ever …

U.S. v. Curtin, No. 04-10632 (9th Cir.) (443 F.3d 1084) (April 4, 2006) (Judge J. Clifford Wallace)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Sex Crimes

U.S. v. Curtin, No. 04-10632 (9th Cir.) (443 F.3d 1084) (April 4, 2006) (Judge J. Clifford Wallace) by This is an interesting decision in which a divided panel overturned a sexual predator’s conviction due to the use of improper character evidence. Kevin Curtain was caught in the now-common sting operation: …

U.S. v. Linares, No. 03-3011 (D.C. Cir.) (367 F.3d 941) (May 18, 2004) (Judge David S. Tatel)

Article • June 1, 2004 • from P&J June, 2004

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

U.S. v. Linares, No. 03-3011 (D.C. Cir.) (367 F.3d 941) (May 18, 2004) (Judge David S. Tatel) by Defendant was convicted by a jury in the United States District Court for the District of Columbia of being a felon in possession of a firearm in violation of 18 U.S.C. § …

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith)

Article • November 1, 2002 • from P&J November, 2002

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

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith) by Here a conviction for sexual contact with a minor was reversed because the district court erroneously failed to instruct the jury that it could consider evidence of defendant's good character - where …

U.S. v. Evans, No. 99-3068 (D.C. Cir.) (216 F.3d 80) (June 27, 2000) (Judge Merrick B. Garland)

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

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

U.S. v. Evans, No. 99-3068 (D.C. Cir.) (216 F.3d 80) (June 27, 2000) (Judge Merrick B. Garland) by Here the Court agreed that testimony of an FBI agent that he "had received information" from an inmate that the defendant was involved in drug trafficking was inadmissible hearsay - but the …

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. 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 …

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. 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. 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 …