Search | Punch and Jurists

U.S. v. Riggi, No. 06-1280-cr (2nd Cir.) (541 F.3d 94) (September 4, 2008) (Judge Dennis G. Jacobs)

Article • October 1, 2008 • from P&J October, 2008

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Riggi, No. 06-1280-cr (2nd Cir.) (541 F.3d 94) (September 4, 2008) (Judge Dennis G. Jacobs) by Conviction on charges arising out of involvement in an organized crime family, including racketeering, murder and related conspiracies, is vacated and remanded where admission of eight plea allocutions of non-testifying co-conspirators amounted …

U.S. v. Hardwick, No. 04-1369-cr(L) (2nd Cir.) (523 F.3d 94) (April 11, 2008) (Judge Ralph K. Jr. Winter)

Article • May 1, 2008 • from P&J May, 2008

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Hardwick, No. 04-1369-cr(L) (2nd Cir.) (523 F.3d 94) (April 11, 2008) (Judge Ralph K. Jr. Winter) by Conviction for conspiracy to commit and aiding and abetting a murder-for-hire, in violation of 18 U.S.C. § 1958, is vacated and remanded where: 1) the district court's admission of a plea …

Bourjaily v. U.S., No. 85-6725 (U.S. Supreme Court) (483 U.S. 171; 107 S.Ct. 2775) (June 23, 1987) (Justice Rehnquist)

Article • September 5, 2005

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

Bourjaily v. U.S., No. 85-6725 (U.S. Supreme Court) (483 U.S. 171; 107 S.Ct. 2775) (June 23, 1987) (Justice Rehnquist) by Federal Rule of Evidence 801(d)(2)(E) provides: "A statement is not hearsay if ... [t]he statement is offered against a party and is ... a statement by a coconspirator of a …

Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan)

Article • November 5, 2002

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan) by The Court stated: " We arrive at this conclusion upon two clear lines of decisions which converge to require it. One line of our decisions establishes that criminal confessions …

Lee v. Illinois, No. 84-6807 (U.S. Supreme Court) (476 U.S. 530; 106 S.Ct. 2056) (June 3, 1986) (Justice Brennan)

Article • August 8, 2002

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

Lee v. Illinois, No. 84-6807 (U.S. Supreme Court) (476 U.S. 530; 106 S.Ct. 2056) (June 3, 1986) (Justice Brennan) by The majority observed that "On one level, the right to confront and cross-examine adverse witnesses contributes to the establishment of a system of criminal justice in which the perception as …

Nelson v. O'Neil, No. 336 (U.S. Supreme Court) (402 U.S. 622; 91 S.Ct. 1723) (June 1, 1971) (Justice Stewart)

Article • January 2, 2002

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

Nelson v. O'Neil, No. 336 (U.S. Supreme Court) (402 U.S. 622; 91 S.Ct. 1723) (June 1, 1971) (Justice Stewart) by In this case the Court dealt with a situation where "a co-defendant [took] the stand in his own defense, denie[d] making an alleged out-of-court statement implicating the defendant, and proceed[ed] …

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Gigante, No. 98-1001 (2nd Cir.) (166 F.3d 75) (January 22, 1999) (Judge John M. Jr. Walker) by This appeal, which involved the conviction of a high-profile organized crime leader, principally through the testimony of six former members of the Mafia who had become cooperating witnesses, is noted for …

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. McClellan, No. 97-3370 (7th Cir.) (165 F.3d 535) (January 4, 1999) (Judge John L. Coffey) by In rejecting the defendant's claim that the district court improperly admitted hearsay evidence, the Court observed that: "While a statement, other than one made by the declarant while testifying at trial, is …

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan) by In its comments on when co-conspirator statements may properly be admitted in a criminal trial, the Court observed: "In determining whether a statement is admissible under 801(d)(2)(E), 'the court may consider the …

U.S. v. Benitez-Meraz, No. 98-1530 (8th Cir.) (161 F.3d 1163) (December 7, 1998) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Benitez-Meraz, No. 98-1530 (8th Cir.) (161 F.3d 1163) (December 7, 1998) (Judge Donald P. Lay) by United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay) United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott) Both of these cases also deal with limiting …

U.S. v. McDougal, No. 96-3270 (8th Cir.) (137 F.3d 547) (February 23, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. McDougal, No. 96-3270 (8th Cir.) (137 F.3d 547) (February 23, 1998) (Judge John R. Gibson) by United States v. McDougal, 137 F.3d 547 (8th Cir. 1998) (Judge Gibson) United States v. Espy, 989 F.Supp. 17 (D.D.C. 17 1997) (Judge Urbina) For those interested in following the political machinations …

U.S. v. Morrow, No. 97 CR 380 (N.D.Ill.) (971 F.Supp. 1254) (August 5, 1997) (Judge James H. Alesia)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Morrow, No. 97 CR 380 (N.D.Ill.) (971 F.Supp. 1254) (August 5, 1997) (Judge James H. Alesia) by This case helps explain why Judge Learned Hand once described the conspiracy laws of our country as "the darling of the modern prosecutor's nursery." Harrison v. United States, 7 F.2d 259, …

U.S. v. Morrow, No. 97 CR 380 (N.D.Ill.) (971 F.Supp. 1254) (August 5, 1997) (Judge James H. Alesia)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Morrow, No. 97 CR 380 (N.D.Ill.) (971 F.Supp. 1254) (August 5, 1997) (Judge James H. Alesia) by

U.S. v. Goldberg, No. 96-1132 (1st Cir.) (105 F.3d 770) (February 3, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Goldberg, No. 96-1132 (1st Cir.) (105 F.3d 770) (February 3, 1997) (Judge Michael Boudin) by One of the issues raised in this case was the contested admission, pursuant to Rule 801(d)(2)(E), of two out-of-court conversations as statements made “by a co-conspirator of a party during the course and …

U.S. v. Tellier, No. 94-1451, No. 18 (2nd Cir.) (83 F.3d 578) (May 10, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Tellier, No. 94-1451, No. 18 (2nd Cir.) (83 F.3d 578) (May 10, 1996) (Judge Ralph K. Jr. Winter) by The defendant in this case was convicted of various RICO and Hobbs Act charges and, appealing pro se, he challenged the convictions on the grounds that the Government had …

U.S. v. Neal, No. 94-5588 (4th Cir.) (78 F.3d 901) (March 20, 1996) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Neal, No. 94-5588 (4th Cir.) (78 F.3d 901) (March 20, 1996) (Judge Diana Gribbon Motz) by Although the convictions in this drug case were affirmed, the decision is cited because Judge Motz wrote one of her typically lucid decisions on two issues: the admissibility of a co-conspirator's hearsay …

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Owens, No. 94-6409 (10th Cir.) (70 F.3d 1118) (November 15, 1995) (Judge Wade Brorby) by