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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. Herrera, No. 11-2894 (7th Cir.) (704 F.3d 480) (January 9, 2013) (Judge Richard A. Posner)

Article • December 1, 2013

Filed under: Punch And Jurists, Latent Fingerprint Evidence

U.S. v. Herrera, No. 11-2894 (7th Cir.) (704 F.3d 480) (January 9, 2013) (Judge Richard A. Posner) by

U.S. v. Dupree, No. 11-5115-cr (2nd Cir.) (706 F.3d 131) (January 28, 2013) (Judge Debra Ann Livingston)

Article • December 1, 2013

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Dupree, No. 11-5115-cr (2nd Cir.) (706 F.3d 131) (January 28, 2013) (Judge Debra Ann Livingston) by State court temporary restraining order sought to be introduced by the government as evidence of defendant's state of mind is being offered for a non-hearsay purpose, and the district court erred in …

U.S. v. Duenas, No. 09-10492 (9th Cir.) (691 F.3d 1070) (August 16, 2012) (Judge Kim McLane Wardlaw)

Article • December 24, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Duenas, No. 09-10492 (9th Cir.) (691 F.3d 1070) (August 16, 2012) (Judge Kim McLane Wardlaw) by This decision recalls some of the many great “Perp-Walk” decisions of the past, where courageous judges have sometimes taken strong stands against the odious and outrageous (but frequently repeated) practice of prosecutors …

U.S. v. Williams, No. 11-676-cr (2nd Cir.) (690 F.3d 70) (July 6, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Summation

U.S. v. Williams, No. 11-676-cr (2nd Cir.) (690 F.3d 70) (July 6, 2012) (Judge Debra Ann Livingston) by Defendant's conviction for unlawful possession of a firearm by a convicted felon is affirmed, as there is no basis for concluding that defendant was prejudiced by the single improper comment made by …

U.S. v. Voustianiouk, No. 10-4420 (2nd Cir.) (685 F.3d 206) (July 12, 2012) (Judge Rosemary S. Pooler)

Article • December 1, 2012

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Voustianiouk, No. 10-4420 (2nd Cir.) (685 F.3d 206) (July 12, 2012) (Judge Rosemary S. Pooler) by Sentence and conviction for possession and receipt of child pornography are reversed and the matter remanded for further proceedings where: 1) evidence against defendant was seized as a result of a search …

U.S. v. Carthen, No. 10-4817-cv (2nd Cir.) (681 F.3d 94) (May 23, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Carthen, No. 10-4817-cv (2nd Cir.) (681 F.3d 94) (May 23, 2012) (Judge Ralph K. Jr. Winter) by Revocation of the appellant's supervised release is affirmed, where: 1) under Federal Rule of Criminal Procedure 32.1, good cause existed to allow the government to introduce hearsay evidence during the appellant's …

U.S. v. Diaz-Lopez, No. 09-50604 (9th Cir.) (625 F.3d 1198) (November 9, 2010) (Judge Ronald M. Gould)

Article • April 18, 2011 • from P&J April, 2011

Filed under: Punch And Jurists, Best Evidence Rule

U.S. v. Diaz-Lopez, No. 09-50604 (9th Cir.) (625 F.3d 1198) (November 9, 2010) (Judge Ronald M. Gould) by This is an interesting decision in which the defendant, an alien convicted of illegal reentry into the U.S. following his earlier removal, challenged the testimony of a Border Agent at his trial …

Friedman v. Rehal, No. 08-0297-pr (2nd Cir.) (618 F.3d 142) (August 16, 2010) (Judge Edward R. Korman)

Article • October 1, 2010

Filed under: Punch And Jurists, Hypnotically Refreshed Memory

Friedman v. Rehal, No. 08-0297-pr (2nd Cir.) (618 F.3d 142) (August 16, 2010) (Judge Edward R. Korman) by In a sexual abuse prosecution, the denial of petitioner's habeas petition is affirmed where: 1) the fact that hypnosis may have been used to stimulate alleged victims' memory recall and potentially induce …

U.S. v. Julius, No. 08-4267-cr (2nd Cir.) (610 F.3d 60) (June 11, 2010) (Judge Rosemary S. Pooler)

Article • August 1, 2010

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Julius, No. 08-4267-cr (2nd Cir.) (610 F.3d 60) (June 11, 2010) (Judge Rosemary S. Pooler) by In the government's appeal from the district court's order holding that a firearm seized during the arrest of defendant must be excluded from evidence because it was obtained as a result of …

U.S. v. Williams, No. 08-5151-cr (2nd Cir.) (585 F.3d 703) (October 27, 2009) (Judge Joseph M. McLaughlin)

Article • December 1, 2009 • from P&J December, 2009

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Williams, No. 08-5151-cr (2nd Cir.) (585 F.3d 703) (October 27, 2009) (Judge Joseph M. McLaughlin) by Defendant's firearm possession conviction is vacated where the district court erred by admitting evidence that defendant had been in an apartment from which weapons and drugs were later recovered. [Editor's Note: For …

U.S. v. Hasan, No. 08-4921-cr (2nd Cir.) (586 F.3d 161) (November 10, 2009) (Judge Jose A. Cabranes)

Article • December 1, 2009

Filed under: Punch And Jurists, Materiality

U.S. v. Hasan, No. 08-4921-cr (2nd Cir.) (586 F.3d 161) (November 10, 2009) (Judge Jose A. Cabranes) by Defendant's conviction and sentence for making a false statement on a passport application is affirmed where: 1) 18 U.S.C. § 1542 does not require that the false statement on a passport application …

Bostan v. Obama, No. Civ. No. 05-883 (RBW) (D.D.C.) (662 F.Supp.2d 1) (August 19, 2009) (Judge Reggie B. Walton)

Article • August 1, 2009 • from P&J August, 2009

Filed under: Punch And Jurists, Hearsay Evidence

Bostan v. Obama, No. Civ. No. 05-883 (RBW) (D.D.C.) (662 F.Supp.2d 1) (August 19, 2009) (Judge Reggie B. Walton) by Here Judge Reggie Walton issued an important and far reaching order in which he essentially rejected the Government’s contention that all of its hearsay evidence about an individual detainee should …

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. Leon, No. 82-1771 (U.S. Supreme Court) (468 U.S. 897; 104 S.Ct. 3405) (July 5, 1984) (Justice White)

Article • January 28, 2009

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Leon, No. 82-1771 (U.S. Supreme Court) (468 U.S. 897; 104 S.Ct. 3405) (July 5, 1984) (Justice White) by In this case the Court modified the exclusionary rule so as not to bar from admission evidence obtained by officers that was "seized in reasonable, good-faith reliance on a search …

U.S. v. Lee, No. 05-1684-cr (L) (2nd Cir.) (549 F.3d 84) (December 3, 2008) (Judge Charles S. Jr. Haight)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Lee, No. 05-1684-cr (L) (2nd Cir.) (549 F.3d 84) (December 3, 2008) (Judge Charles S. Jr. Haight) by Convictions for murder for hire conspiracy and a separate conviction for being a felon in possession of a firearm are vacated in part, affirmed in part, and remanded in part …

U.S. v. Royer, No. 06-4081-cr (2nd Cir.) (549 F.3d 886) (December 17, 2008) (Judge Jed S. Rakoff)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Royer, No. 06-4081-cr (2nd Cir.) (549 F.3d 886) (December 17, 2008) (Judge Jed S. Rakoff) by In a case where racketeering conspiracists ran a subscription website recommending stock short-sales on the basis of misappropriated information: 1) venue was proper where seven site subscribers resided in the Eastern District …

U.S. v. Massino, No. 07-1618-cr (2nd Cir.) (546 F.3d 123) (October 10, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Massino, No. 07-1618-cr (2nd Cir.) (546 F.3d 123) (October 10, 2008) (Per Curiam) by Conviction and sentence for conspiring to racketeer, illegal gambling, and conspiring to collect credit through extortionate means is affirmed where: 1) though lower court erred in admitting certain testimony by a witness and his …

U.S. v. Johnson, No. 06-0594-cr (2nd Cir.) (529 F.3d 493) (June 19, 2008) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Johnson, No. 06-0594-cr (2nd Cir.) (529 F.3d 493) (June 19, 2008) (Judge Pierre N. Leval) by Conviction for conspiracy to distribute cocaine base is affirmed where: 1) although the government's egregious act of eliciting improper testimonial evidence from its witness should not be condoned, defendant's failure to make …

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