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U.S. v. Nacchio, No. 07-1311 (10th Cir.) (555 F.3d 1234) (February 25, 2009) (Judge Jerome A. Holmes)

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

Filed under: Punch And Jurists, Exclusion of Witnesses at Trial

U.S. v. Nacchio, No. 07-1311 (10th Cir.) (555 F.3d 1234) (February 25, 2009) (Judge Jerome A. Holmes) by The defendant was convicted at trial of multiple counts of insider trading. During the trial, the district court granted the Government's motion to exclude defendant's expert-testimony evidence. On appeal, in a decision …

U.S. v. Nacchio, No. 07-1311 (10th Cir.) (519 F.3d 1140) (March 17, 2008) (Judge Michael W. McConnell)

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

Filed under: Punch And Jurists, Exclusion of Witnesses at Trial

U.S. v. Nacchio, No. 07-1311 (10th Cir.) (519 F.3d 1140) (March 17, 2008) (Judge Michael W. McConnell) by Joseph Nacchio, the former CEO of Qwest Communications International, Inc., was charged with 42 counts of insider trading in an indictment that accused him of selling Qwest stock between January and May …

U.S. v. Chase, No. 06-30242 (9th Cir.) (499 F.3d 1061) (August 27, 2007) (Judge Warren J. Ferguson)

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

Filed under: Punch And Jurists, Right to Expert Witness

U.S. v. Chase, No. 06-30242 (9th Cir.) (499 F.3d 1061) (August 27, 2007) (Judge Warren J. Ferguson) by This is an important decision which not only emphasizes an indigent defendant’s right to expert witnesses; it also provides some clarity to process by which methamphetamine quantity should be determined. Here the …

U.S. v. Libby, No. Crim. No. 05-394 (RBW) (D.D.C.) (461 F.Supp.2d 3) (November 2, 2006) (Judge Reggie B. Walton)

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

Filed under: Punch And Jurists, Faulty Memory Defense

U.S. v. Libby, No. Crim. No. 05-394 (RBW) (D.D.C.) (461 F.Supp.2d 3) (November 2, 2006) (Judge Reggie B. Walton) by In this decision, District Judge Reggie Walton rejected the motion of I. Lewis “Scooter” Libby to permit the expert testimony of Dr. Robert J. Bjork in support of his faulty …

In Re Mikhel, No. 06-73376 (9th Cir.) (453 F.3d 1137) (July 7, 2006) (Per Curiam)

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

Filed under: Punch And Jurists, Exclusion of Witnesses at Trial

In Re Mikhel, No. 06-73376 (9th Cir.) (453 F.3d 1137) (July 7, 2006) (Per Curiam) by Petitioner, the United States, sought a writ a mandamus ordering the United States District Court for the Central District of California to permit certain crime victims to observe in its entirety the murder trial …

U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (341 F.Supp.2d 47) (October 27, 2004) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Frabizio, No. Crim. No. 03-10283-NG (D.Mass.) (341 F.Supp.2d 47) (October 27, 2004) (Judge Nancy Gertner) by This child pornography case is noted for the unusually broad discovery order that was granted to the defendant by Judge Gertner over the Government’s objections. The defendant, who was charged with receiving …

U.S. v. Frazier, No. 01-14680 (11th Cir.) (387 F.3d 1244) (October 15, 2004) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Frazier, No. 01-14680 (11th Cir.) (387 F.3d 1244) (October 15, 2004) (Judge Stanley Marcus) by Defendant appealed the judgment of the United States District Court for the Northern District of Georgia convicting him of kidnapping in violation of 18 U.S.C.S. § 1201(a)(1). Defendant was convicted of kidnapping his …

U.S. v. Cruz, No. 02-1458 (2nd Cir.) (363 F.3d 187) (April 2, 2004) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Cruz, No. 02-1458 (2nd Cir.) (363 F.3d 187) (April 2, 2004) (Judge Thomas J. Meskill) by In this case the Second Circuit overturned a heroin conviction because a drug agent had been allowed to testify both as a fact witness and as an expert witness, ultimately testifying as …

U.S. v. Rivera, No. CRIM. 02-376-A (E.D.Va.) (292 F.Supp.2d 823) (November 13, 2003) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Jury Consultant

U.S. v. Rivera, No. CRIM. 02-376-A (E.D.Va.) (292 F.Supp.2d 823) (November 13, 2003) (Judge Thomas Selby III Ellis) by In a federal prosecution of defendants for murder and conspiracy to murder, in violation of 18 U.S.C. §§ 2, 1111, and 1117, defendants jointly, by counsel, filed an ex parte and …

U.S. v. Frazier, No. 01-14680 (11th Cir.) (322 F.3d 1262) (February 26, 2003) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Frazier, No. 01-14680 (11th Cir.) (322 F.3d 1262) (February 26, 2003) (Judge Stanley F. Jr. Birch) by The defendant in this case was convicted of kidnapping in violation of 18 U.S.C.S. § 1201(a)(1), and accused of sexually assaulting his 18-year-old victim. On appeal, defendant contested the District Court's …

U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner) by The defendant in this case was charged with tax evasion and mail fraud. The indictment alleged that defendant understated his business' gross sales in his tax filings for three years, and in his weekly …

U.S. v. Cravens, No. 01-2409 (7th Cir.) (275 F.3d 637) (December 27, 2001) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Cravens, No. 01-2409 (7th Cir.) (275 F.3d 637) (December 27, 2001) (Judge Daniel A. Manion) by In this case, the Court held that a defendant with an extensive criminal history, and who admitted guilt during a plea, is not eligible for a downward departure, under Section 5K2.13(1), (2) …

U.S. v. Pineda-Torres, No. 01-50133 (9th Cir.) (287 F.3d 860) (April 23, 2002) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Pineda-Torres, No. 01-50133 (9th Cir.) (287 F.3d 860) (April 23, 2002) (Judge Stephen Reinhardt) by The defendant in this case appealed his convictions for importation of marijuana and for possession of marijuana with intent to distribute on the grounds that the district court had abused its discretion by …

U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt) by Here the Court held that a defendant was not entitled to funds under 18 USC § 3006A(e)(1) to retain the services of a clinical psychologist to support a claim of diminished mental …

Satterwhite v. Texas, No. 86-6284 (U.S. Supreme Court) (486 U.S. 249; 108 S.Ct. 1792) (May 31, 1988) (Justice O'Connor)

Article • June 22, 2000

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Satterwhite v. Texas, No. 86-6284 (U.S. Supreme Court) (486 U.S. 249; 108 S.Ct. 1792) (May 31, 1988) (Justice O'Connor) by In this case the Court also held that a pervasive denial of counsel casts such doubt on the fairness of the trial process that it can never be considered harmless …

U.S. v. Corey, No. 98-1893 (1st Cir.) (207 F.3d 84) (March 28, 2000) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Corey, No. 98-1893 (1st Cir.) (207 F.3d 84) (March 28, 2000) (Judge Conrad K. Cyr) by At issue in this appeal is the evidence offered by the prosecution to establish the interstate nexus prong of § 922(g)(1) -- "in or affecting commerce." Although the majority concluded that the …

U.S. v. Abreu, No. 99-1403 (1st Cir.) (202 F.3d 386) (January 31, 2000) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Abreu, No. 99-1403 (1st Cir.) (202 F.3d 386) (January 31, 2000) (Judge Sandra L. Lynch) by In this case, the First Circuit acknowledged the often forgotten principle of the “fair treatment of indigents” in the criminal justice system. The Court addressed the question of whether ex parte hearings …

U.S. v. Robinson, No. 98 Cr. 167 (S.D.N.Y.) (2000 U.S. Dist LEXIS 694) (January 26, 2000) (Judge Denise Cote)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Robinson, No. 98 Cr. 167 (S.D.N.Y.) (2000 U.S. Dist LEXIS 694) (January 26, 2000) (Judge Denise Cote) by Court held that an expert witness presented by the government at trial can testify about characteristics of a particular type of fraudulent scheme but will not be allowed to testify …

Parker v. Turpin, No. Civ.A.1:96-CV-3142-RWS (N.D.Ga.) (60 F.Supp.2d 1332) (August 13, 1999) (Judge Richard W. Story)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Parker v. Turpin, No. Civ.A.1:96-CV-3142-RWS (N.D.Ga.) (60 F.Supp.2d 1332) (August 13, 1999) (Judge Richard W. Story) by One of the many holdings in this lengthy habeas case was a ruling that the defendant's due process rights were not violated at the penalty phase as a result of an award of …

Schledwitz v. U.S., No. 97-6057 (6th Cir.) (169 F.3d 1003) (March 3, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Schledwitz v. U.S., No. 97-6057 (6th Cir.) (169 F.3d 1003) (March 3, 1999) (Judge Nathaniel R. Jones) by Here the Court reversed a mail fraud conviction because the prosecution misled both the defense and the court by presenting its chief witness as a neutral and disinterested party when he had …