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Barber v. Page, No. 703 (U.S. Supreme Court) (390 U.S. 719; 88 S.Ct. 1318) (April 23, 2068) (Justice Marshall)

Article • August 30, 2007

Filed under: Punch And Jurists, Demeanor evidence

Barber v. Page, No. 703 (U.S. Supreme Court) (390 U.S. 719; 88 S.Ct. 1318) (April 23, 2068) (Justice Marshall) by Defendant sought certiorari review of a decision of the Tenth Circuit, which affirmed the denial of defendant's habeas corpus relief, notwithstanding defendant's contention that certain testimony of a codefendant was …

Idaho v. Wright, No. 89-26 (U.S. Supreme Court) (497 U.S. 805; 110 S.Ct. 3139) (June 27, 1990) (Justice O'Connor)

Article • July 30, 2007

Filed under: Punch And Jurists, Excited Utterance

Idaho v. Wright, No. 89-26 (U.S. Supreme Court) (497 U.S. 805; 110 S.Ct. 3139) (June 27, 1990) (Justice O'Connor) by In this case the respondent, Laura Lee Wright, was charged under Idaho law with two counts of lewd conduct with a minor, specifically her 5 1/2- and 2 1/2-year-old daughters. …

U.S. v. Yida, No. 06-10460 (9th Cir.) (498 F.3d 945) (August 16, 2007) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Deported Witness

U.S. v. Yida, No. 06-10460 (9th Cir.) (498 F.3d 945) (August 16, 2007) (Judge Ronald M. Gould) by This is an interesting case that emphasizes a defendant’s rights to have a jury hear live testimony from a witness in order to observe his demeanor. The key issue in this case …

Ohio v. Roberts, No. 78-756 (U.S. Supreme Court) (448 U.S. 56; 100 S.Ct. 2531) (June 25, 1980) (Justice Blackmun)

Article • March 8, 2004

Filed under: Punch And Jurists, Declarant Unavailable Exception

Ohio v. Roberts, No. 78-756 (U.S. Supreme Court) (448 U.S. 56; 100 S.Ct. 2531) (June 25, 1980) (Justice Blackmun) by Here the Court held that statements made by individuals who are legally unavailable to testify at trial may be admitted where those statements are sufficiently reliable that confrontation at trial …

U.S. v. Delvi, No. 01 CR.0074 SAS (S.D.N.Y.) (275 F.Supp.2d 412) (June 17, 2003) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Excited Utterance

U.S. v. Delvi, No. 01 CR.0074 SAS (S.D.N.Y.) (275 F.Supp.2d 412) (June 17, 2003) (Judge Shira A. Scheindlin) by In the case the Government notified the defense that it intended to call a retired police detective to testify to certain events related to the murder of one person and the …

U.S. v. Alexander, No. 02-3005 (D.C. Cir.) (331 F.3d 116) (June 13, 2003) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Excited Utterance

U.S. v. Alexander, No. 02-3005 (D.C. Cir.) (331 F.3d 116) (June 13, 2003) (Judge Karen LeCraft Henderson) by Defendant appealed the judgment of the United States District Court for the District of Columbia convicting him of unlawful possession of a firearm and ammunition by a felon in violation of 18 …

U.S. v. Photogrammetric Data Services, Inc., No. 00-4498 (4th Cir.) (259 F.3d 229) (July 30, 2001) (Judge William B. Jr. Traxler)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Photogrammetric Data Services, Inc., No. 00-4498 (4th Cir.) (259 F.3d 229) (July 30, 2001) (Judge William B. Jr. Traxler) by The corporate defendant (herein PDS) and the corporate employee, David Webb (Webb), were convicted of various counts of highway project fraud and mail fraud. The charges stemmed from …

U.S. v. Cherry, No. 99-7019 (10th Cir.) (217 F.3d 811) (June 12, 2000) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Cherry, No. 99-7019 (10th Cir.) (217 F.3d 811) (June 12, 2000) (Judge Carlos Lucero) by While the decision in this case may have limited application for most criminal defense attorneys, it is noted both for its detailed review of an extremely important concept in criminal law, namely the …

U.S. v. Cherry, No. 99-7019 (10th Cir.) (211 F.3d 575) (May 2, 2000) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Cherry, No. 99-7019 (10th Cir.) (211 F.3d 575) (May 2, 2000) (Judge Carlos Lucero) by Here, taking a broad view of the scope of conspiratorial liability, the Court interpreted the provisions of the new Fed.R.Evid. 804(b)(6) which deals with another exception to the general prohibition against the use …

U.S. v. Gomez, No. 98-2160 (10th Cir.) (191 F.3d 1214) (September 3, 1999) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Gomez, No. 98-2160 (10th Cir.) (191 F.3d 1214) (September 3, 1999) (Judge Robert H. Henry) by Relying on the Supreme Court's decision in Lilly v. Virginia, 119 S.Ct. 1887 (1999), the Court concluded that the statements in question neither fell into a "firmly rooted" exception to the hearsay …

McCandless v. Vaughn, No. 97-1585 (3rd Cir.) (172 F.3d 255) (March 30, 1999) (Judge Walter K. Stapleton)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

McCandless v. Vaughn, No. 97-1585 (3rd Cir.) (172 F.3d 255) (March 30, 1999) (Judge Walter K. Stapleton) by Citing Pennsylvania's "casual" and "half-hearted" efforts to locate a critical witness in this case, the Third Circuit held that the state court had violated the petitioner's Sixth Amendment Confrontation Clause rights by …

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Dierling, No. 97-1021 (8th Cir.) (131 F.3d 722) (December 9, 1997) (Judge Diana E. Murphy) by

U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Foster, No. 95-6645 (6th Cir.) (128 F.3d 949) (October 30, 1997) (Judge Damon J. Keith) by In this case the Government argued that defense counsel had been negligent in failing to subpoena the witness in question eariler, since a month before counsel requested the subpoena the Government had …

U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Bartelho, No. 96-1273 (1st Cir.) (129 F.3d 663) (November 25, 1997) (Judge Steven J. McAuliffe) by Case contains detailed discussion of the hearsay exception known as the declarant unavailable exception and explores the 2nd Circuit's two-part test for determining "similar motive" under Rule 804(b)(1).

U.S. v. Harbin, No. 96-3015 (8th Cir.) (112 F.3d 974) (May 5, 1997) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Harbin, No. 96-3015 (8th Cir.) (112 F.3d 974) (May 5, 1997) (Judge Pasco M. II Bowman) by Here, although the Court held that the Government had failed to prove that it had made a good faith effort to locate witness before trial, the erroneous admission of that witness' …

U.S. v. Peterson, No. 96-1212, No. 339 (2nd Cir.) (100 F.3d 7) (November 4, 1996) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Peterson, No. 96-1212, No. 339 (2nd Cir.) (100 F.3d 7) (November 4, 1996) (Judge Amalya Lyle Kearse) by Case held that a defendant who exercises his privilege not to testify at a second trial of his case is not entitled to introduce the testimony he gave at the …

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer)

Article • December 1, 1995

Filed under: Punch And Jurists, Declarant Unavailable Exception

U.S. v. Shaw, No. 94-5460 (4th Cir.) (69 F.3d 1249) (November 30, 1995) (Judge Paul V. Niemeyer) by In this case the defendant challenged to use of transcribed testimony of two witnesses given in an earlier trial of a co-conspirator while the defendant was a fugitive. Both witnesses died before …