Search | Punch and Jurists

U.S. v. Brown, No. 16-1603 (7th Cir.) (871 F.3d 532) (September 8, 2017) (Judge Diane S. Sykes)

Article • November 20, 2017 • from P&J November, 2017

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Brown, No. 16-1603 (7th Cir.) (871 F.3d 532) (September 8, 2017) (Judge Diane S. Sykes) by Here the Court affirmed the denial of expert testimony to the effect that the defendant police officer's beating of a suspect was "consistent with departmental standards," stating it was improper opinion testimony …

Buck v. Davis, No. 15-8049 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 759) (February 22, 2017) (Justice (John G.) Roberts)

Article • June 26, 2017 • from P&J June, 2017

Filed under: Punch And Jurists, Improper Comment/Considerations

Buck v. Davis, No. 15-8049 (U.S. Supreme Court) (580 U.S. ___; 137 S.Ct. 759) (February 22, 2017) (Justice (John G.) Roberts) by In this procedurally complex case, the Supreme Court gave a Texas death-row inmate a second chance to avoid the death penalty by ruling, among other things, that his …

U.S. v. Vanderwerff, No. 13-1227 (10th Cir.) (788 F.3d 1266) (June 10, 2015) (Judge Jerome A. Holmes)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, Improper Comment/Considerations

U.S. v. Vanderwerff, No. 13-1227 (10th Cir.) (788 F.3d 1266) (June 10, 2015) (Judge Jerome A. Holmes) by This is an interesting decision in which the Tenth Circuit wrote at length to attack the legal reasoning behind the district court’s rejection of a plea agreement on the grounds that it …

Kansas v. Cheever, No. 12-609 (U.S. Supreme Court) (571 U.S. 87; 134 S.Ct. 596) (December 11, 2013) (Justice SoTtomayor)

Article • June 15, 2014

Filed under: Punch And Jurists, Rebuttal Testimony

Kansas v. Cheever, No. 12-609 (U.S. Supreme Court) (571 U.S. 87; 134 S.Ct. 596) (December 11, 2013) (Justice SoTtomayor) by Here the Court held that when a defense expert testifies that the defendant lacked the requisite mental state to commit a crime, the prosecution may offer evidence for the limited …

U.S. v. Hampton, No. 10-3074 (D.C. Cir.) (718 F.3d 978) (June 25, 2013) (Judge A. Raymond Randolph)

Article • September 23, 2013 • from P&J September, 2013

Filed under: Punch And Jurists, Lay Opinion Testimony

U.S. v. Hampton, No. 10-3074 (D.C. Cir.) (718 F.3d 978) (June 25, 2013) (Judge A. Raymond Randolph) by Jerome Hampton was convicted by a jury of a drug conspiracy in a case in which the Government’s evidence consisted largely of wiretap interceptions and recordings from a listening device. In fact, …

U.S. v. Owens, No. 10-15877 (11th Cir.) (682 F.3d 1358) (June 8, 2012) (Per Curiam)

Article • August 20, 2012 • from P&J August, 2012

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Owens, No. 10-15877 (11th Cir.) (682 F.3d 1358) (June 8, 2012) (Per Curiam) by Despite the Supreme Court’s recent refusal to establish a new rule requiring courts to evaluate eyewitness evidence made in a suggestive setting before it is submitted to the jury (see, Perry v. New Hampshire, …

U.S. v. Jacques, No. 09-cr-30001-MAP (D.Mass.) ( F.Supp.2d ) (May 17, 2011) (Judge Michael A. Ponsor)

Article • November 14, 2011 • from P&J November, 2011

Filed under: Punch And Jurists, False Confessions

U.S. v. Jacques, No. 09-cr-30001-MAP (D.Mass.) ( F.Supp.2d ) (May 17, 2011) (Judge Michael A. Ponsor) by Here the Court refused to permit expert testimony about false or coerced confessions after concluding that such testimony was inadmissible under the mandates of Fed.R.Evid. 702 and the standards established by Daubert v. …

U.S. v. Lopez, No. 06-3730-cr (2nd Cir.) (547 F.3d 364) (November 10, 2008) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Lopez, No. 06-3730-cr (2nd Cir.) (547 F.3d 364) (November 10, 2008) (Judge Pierre N. Leval) by Conviction for possession of cocaine with intent to distribute and possession of two firearms in furtherance of a drug trafficking crime is affirmed where: 1) the district court did not err in …

U.S. v. Mejia, No. 05-2856-cr (2nd Cir.) (545 F.3d 179) (October 6, 2008) (Judge Peter W. Hall)

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

Filed under: Punch And Jurists, Officer Expert Testimony

U.S. v. Mejia, No. 05-2856-cr (2nd Cir.) (545 F.3d 179) (October 6, 2008) (Judge Peter W. Hall) by This is an important decision in which the Second Circuit placed some needed limitations on the ever-expanding use of so-called “officer expert” testimony - i.e., testimony by a police officer or agent …

U.S. v. Wexler, No. 06-1571-cr (2nd Cir.) (522 F.3d 194) (April 3, 2008) (Judge Roger J. Miner)

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

Filed under: Punch And Jurists, Expert and Opinion Evidence/Testimony

U.S. v. Wexler, No. 06-1571-cr (2nd Cir.) (522 F.3d 194) (April 3, 2008) (Judge Roger J. Miner) by Conviction and sentence for various offenses involving the distribution of controlled substances and health care fraud related to defendant's medical practices is reversed and remanded in part where: 1) under the buyer-seller …