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U.S. v. Medina-Copete, No. 13-2026 (10th Cir.) (757 F.3d 1092) (July 2, 2014) (Judge Carlos Lucero)

Article • November 17, 2014 • from P&J November, 2014

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Medina-Copete, No. 13-2026 (10th Cir.) (757 F.3d 1092) (July 2, 2014) (Judge Carlos Lucero) by Every criminal defense lawyer involved in drug cases should remember the name of U.S. Marshal Robert Almonte of the Western District of Texas, a self-described expert witness in the field of the “cultural …

U.S. v. Scheffer, No. 96-1133 (U.S. Supreme Court) (523 U.S. 303; 118 S.Ct. 1261) (March 31, 1998) (Justice Thomas)

Article • March 29, 2009

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Scheffer, No. 96-1133 (U.S. Supreme Court) (523 U.S. 303; 118 S.Ct. 1261) (March 31, 1998) (Justice Thomas) by In this case the Supreme Court had a chance to visit the issue of the admissibility of polygraph evidence, but aside from ruling on its prohibition in military trials, the …

U.S. v. Glynn, No. 06 Cr. 580 (JSR) (S.D.N.Y.) (578 F.Supp.2d 567) (September 22, 2008) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists, Ballistics Evidence

U.S. v. Glynn, No. 06 Cr. 580 (JSR) (S.D.N.Y.) (578 F.Supp.2d 567) (September 22, 2008) (Judge Jed S. Rakoff) by This is an important and erudite decision that raises significant questions regarding both the scientific accuracy and the admissibility of ballistics evidence at criminal trials. The decision builds on a …

U.S. v. Scala, No. 04 Crim. 0070 (LAK) (S.D.N.Y.) (439 F.Supp.2d 278) (June 13, 2006) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Scala, No. 04 Crim. 0070 (LAK) (S.D.N.Y.) (439 F.Supp.2d 278) (June 13, 2006) (Judge Lewis A. Kaplan) by In this case, the Government served a subpoena on defense counsel, seeking the production of records relating to the source and amounts of payments for “legal, investigative and other fees …

U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (441 F.3d 1061) (March 30, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (441 F.3d 1061) (March 30, 2006) (Per Curiam) by

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (405 F.Supp.2d 104) (December 20, 2005) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Ballistics Evidence

U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (405 F.Supp.2d 104) (December 20, 2005) (Judge Nancy Gertner) by The issue before the Court in this long-running racketeering and assault case was the admissibility of certain forensic ballistics identification evidence that the Government wanted to introduce. The evidence in question was, …

U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (427 F.3d 567) (October 27, 2005) (Per Curiam)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (427 F.3d 567) (October 27, 2005) (Per Curiam) by The defendant in this case, Jose Ortiz-Hernandez (“Jose”), was arrested in 2002 by police officers in Portland, OR on suspicion of drug dealing. Those charges were subsequently dropped, however, when fingerprints that were taken …

Davis v. Mississippi, No. 645 (U.S. Supreme Court) (394 U.S. 721; 89 S.Ct. 1394) (April 22, 1969) (Justice Brennan)

Article • October 24, 2005

Filed under: Punch And Jurists, Fingerprint Evidence

Davis v. Mississippi, No. 645 (U.S. Supreme Court) (394 U.S. 721; 89 S.Ct. 1394) (April 22, 1969) (Justice Brennan) by Here the Court vacated the conviction of a young black man on the grounds that his fingerprints had been obtained as the product of an illegal arrest and should have …

Hayes v. Florida, No. 83-6766 (U.S. Supreme Court) (470 U.S. 811; 105 S.Ct. 1643) (March 20, 1985) (Justice White)

Article • August 1, 2005

Filed under: Punch And Jurists, Fingerprint Evidence

Hayes v. Florida, No. 83-6766 (U.S. Supreme Court) (470 U.S. 811; 105 S.Ct. 1643) (March 20, 1985) (Justice White) by The Court held that where there was no probable cause to arrest petitioner, no consent to the journey to the police station, and no prior judicial authorization for detaining him, …

U.S. v. Hicks, No. 03-40655 (5th Cir.) (389 F.3d 514) (November 2, 2004) (Judge Carolyn Dineen King)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Ballistics Evidence

U.S. v. Hicks, No. 03-40655 (5th Cir.) (389 F.3d 514) (November 2, 2004) (Judge Carolyn Dineen King) by This case is noted for its detailed discussion of the admissibility of ballistics evidence and testimony under the standards for reliability established in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 …

U.S. v. Mitchell, No. 02-2859 (3rd Cir.) (365 F.3d 215) (April 29, 2004) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Mitchell, No. 02-2859 (3rd Cir.) (365 F.3d 215) (April 29, 2004) (Judge Edward R. Becker) by As the events surrounding the recent arrest and incarceration of Oregon attorney Brendon Mayfield proved, the FBI’s ability to achieve a positive match from at least some fingerprint evidence may be far …

U.S. v. Angleton, No. CR. H-02-0040 (S.D.Tex.) (269 F.Supp.2d 892) (June 26, 2003) (Judge Lee H. Rosenthal)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Angleton, No. CR. H-02-0040 (S.D.Tex.) (269 F.Supp.2d 892) (June 26, 2003) (Judge Lee H. Rosenthal) by In this case, District Judge Rosenthal denied a defendant’s motion to introduce expert testimony regarding aural spectrographic voice identification evidence (which is used to determine the identity of an unknown recorded speaker). …

U.S. v. Sutton, No. 02-1679 (7th Cir.) (337 F.3d 792) (July 23, 2003) (Judge Richard D. Cudahy)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Sutton, No. 02-1679 (7th Cir.) (337 F.3d 792) (July 23, 2003) (Judge Richard D. Cudahy) by Here, in a switch from its customary position, the Government strenuously objected to proposed introduction of fingerprint evidence by the defendants in this case; and the Government prevailed on that issue principally …

U.S. v. Sullivan, No. CRIM.A.02-45-JBC (E.D.Ky.) (246 F.Supp.2d 696) (January 31, 2003) (Judge Jennifer B. Coffman)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Punch And Jurists, Eyewitness Identification

U.S. v. Sullivan, No. CRIM.A.02-45-JBC (E.D.Ky.) (246 F.Supp.2d 696) (January 31, 2003) (Judge Jennifer B. Coffman) by

U.S. v. Crisp, No. 01-4953 (4th Cir.) (324 F.3d 261) (March 31, 2003) (Judge Robert Bruce King)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Crisp, No. 01-4953 (4th Cir.) (324 F.3d 261) (March 31, 2003) (Judge Robert Bruce King) by The defendant in this case was convicted of an armed bank robbery in North Carolina; and he was sentenced to 356 months in prison. He appealed, arguing that his trial was tainted …

Kumho Tire Co. v. Carmichael, No. 97-1709 (U.S. Supreme Court) (526 U.S. 137; 119 S.Ct. 1167) (March 23, 1999) (Justice Breyer)

Article • December 19, 2002

Filed under: Punch And Jurists, Daubert Standards

Kumho Tire Co. v. Carmichael, No. 97-1709 (U.S. Supreme Court) (526 U.S. 137; 119 S.Ct. 1167) (March 23, 1999) (Justice Breyer) by This case involved a lawsuit brought by a family whose Ford minivan was involved in a single-car accident in which several people were injured and one was killed. …

U.S. v. Young, No. 02-1294 (7th Cir.) (316 F.3d 649) (December 4, 2002) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Young, No. 02-1294 (7th Cir.) (316 F.3d 649) (December 4, 2002) (Judge William J. Bauer) by The defendant in this case was found not guilty of kidnapping under 18 U.S.C.S. § 1201, but was convicted of interstate domestic violence, 18 U.S.C.S. § 2261(a)(1) and (b)(3), and unlawfully using …

U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (207 F.Supp.2d 856) (June 10, 2002) (Judge William C. Lee)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (207 F.Supp.2d 856) (June 10, 2002) (Judge William C. Lee) by Here the Court denied a defense motion to exclude expert testimony relating to footware impression testimony, holding that it met the standards of reliability called for by Daubert and that it was relevant …

U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (208 F.Supp.2d 984) (June 19, 2002) (Judge William C. Lee)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (208 F.Supp.2d 984) (June 19, 2002) (Judge William C. Lee) by Here, following its earlier ruling reported at 207 F.Supp.2d 856, the Court denied the defendant's motion in limine to exclude expert testimony regarding footwear impression evidence, holding that the methodology employed was sufficiently …

U.S. v. Mitchell, No. CR.A. 96-407-1 (E.D.Pa.) (199 F.Supp.2d 262) (April 9, 2002) (Judge J. Curtis Joyner)

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

Filed under: Punch And Jurists, Fingerprint Evidence

U.S. v. Mitchell, No. CR.A. 96-407-1 (E.D.Pa.) (199 F.Supp.2d 262) (April 9, 2002) (Judge J. Curtis Joyner) by Some six months prior to this decision, Judge Milton Pollack of the E.D.Pa. set off a maelstrom when he issued two controversial and highly publicized decisions about the admissibility of fingerprint identification …