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Article • March 28, 2016 • from P&J March, 2016
U.S. v. Moreno, No. 14-1568 (3rd Cir.) (809 F.3d 766) (January 5, 2016) (Judge D. Michael Fisher) by The defendant in this case, Jason Moreno, was convicted at trial of wire fraud and conspiracy to commit wire fraud based on his involvement in a mortgage fraud scheme; and he was …
Article • August 1, 2006 • from P&J August, 2006
U.S. v. Jimenez, No. 04-51225 (5th Cir.) (464 F.3d 555) (September 12, 2006) (Judge Carl E. Stewart) by This is an interesting Confrontation Clause decision that explores whether a defendant’s Confrontation Clause rights were violated when the district court limited the cross-examination of a police officer/material witness about the details …
Article • December 30, 2004
Davis v. Alaska, No. 72-2774 (U.S. Supreme Court) (415 U.S. 308; 94 S.Ct. 1105) (February 27, 1974) (Justice Burger) by The issue addressed by the Court in this was was "whether the Confrontation Clause requires that a defendant in a criminal case be allowed to impeach the credibility of a …
Article • March 10, 2004
White v. Illinois, No. 90-6113 (U.S. Supreme Court) (502 U.S. 346; 112 S.Ct. 736) (January 15, 1992) (Justice Rehnquist) by The issue before the Court in this case was whether the Confrontation Clause requires that, before a trial court admits testimony under the "spontaneous declaration" and "medical examination" exceptions to …
Article • May 17, 2003
Delaware v. Fensterer, No. 85-214 (U.S. Supreme Court) (474 U.S. 15; 106 S.Ct. 292) (November 4, 1985) (Per Curiam) by In this case the Court held that there is no Confrontation Clause violation when an expert witness testified as to what opinion he had formed, but could not recollect the …
Article • August 8, 2002
New Mexico v. Earnest, No. 85-162 (U.S. Supreme Court) (477 U.S. 648; 106 S.Ct. 2734) (June 27, 1986) (Per Curiam) by In this brief decision, Justice Rehnquist noted in his concurring opinion: "As Lee v. Illinois [476 U.S. 530 (1986)] makes clear, to the extent that Douglas v. Alabama [380 …
Article • August 8, 2002
Douglas v. Alabama, No. 313 (U.S. Supreme Court) (380 U.S. 415; 85 S.Ct. 1074) (April 5, 2065) (Justice Brennan) by The petitioner in this case, Jesse Douglas, and another individual, Loyd, were tried separately on charges of assault with intent to commit murder. Loyd was tried first and found guilty. …
Article • May 1, 2002 • from P&J May, 2002
U.S. v. Edwards, No. CRIM.01-190-(PLF) (D.D.C.) (191 F.Supp.2d 88) (February 27, 2002) (Judge Paul L. Friedman) by This is an interesting case in which Richard A. Seligman, Esq. counsel for the defendant Donald Edwards, served a subpoena duces tecum on the Office of the General Counsel of the Federal Bureau …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Godwin, No. 00-4094 (4th Cir.) (272 F.3d 659) (November 27, 2001) (Judge Robert Bruce King) by This case is noted for its extensive discussion of an important question: when does a trial judge’s extensive involvement in the questioning of witnesses cross the boundaries of propriety and deprive a …
Article • August 1, 2000 • from P&J August, 2000
U.S. v. Collins, No. 98-3475 (6th Cir.) (226 F.3d 457) (August 31, 2000) (Judge Allen E. Norris) by In this case, a panel from the Sixth Circuit refused to find error with the district court’s broad decision to allow the jurors in this case to submit questions to witnesses. In …
Article • March 1, 2000 • from P&J March, 2000
U.S. v. Cisneros, No. 98-40955 (5th Cir.) (203 F.3d 333) (February 3, 2000) (Judge E. Grady Jolly) by In rejecting claims that the district court had denied the defendant a fair trial by frequently questioning a Government witness, creating an aura of partiality towards the Government, the Fifth Circuit stated: …
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne) by Here the Court affirmed its prior decisions that the practice of allowing juror questions is a matter committed to the sound discretion of the trial judge and is not prejudicial per …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Hernandez, No. 98-5266 (3rd Cir.) (176 F.3d 719) (May 17, 1999) (Judge Theodore A. McKee) by One of the issues addressed in this case was the propriety of the growing practice of permitting jurors to participate in questioning witnesses during the course of a trial; and it is …
Article • March 1, 1999 • from P&J March, 1999
U.S. v. Cantu, No. 97-40930 (5th Cir.) (167 F.3d 198) (February 3, 1999) (Judge Jacques L. Jr. Wiener) by Here the Court rejected a claim that the defendant was denied a fair trail because of the judge's alleged pervasive, often leading questions that were designed to rehabilitate the Government's witnesses …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Sepe, No. 91-708-CR (S.D.Fla.) (1 F.Supp.2d 1372) (April 21, 1998) (Judge Norman C. Roettger) by Case held that Government's misconduct of waiting till just before trial to seek the testimony of a key witness warranted barring that witness from testifying at trial. In 1996, the defendant in this …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Tilghman, No. 96-3114 (D.C. Cir.) (134 F.3d 414) (February 3, 1998) (Judge David S. Tatel) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often so difficult …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often so difficult …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Tilghman, No. 96-3114 (D.C. Cir.) (134 F.3d 414) (February 3, 1998) (Judge David S. Tatel) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Russell, No. 96-3039 (10th Cir.) (109 F.3d 1503) (February 27, 1997) (Justice White) by The Court also conlcuded that "Although Rule 16 does not control this case, it provides a helpful point of reference for our analysis by describing the district court's authority to remedy discovery infractions in …
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