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Article • July 1, 2006 • from P&J July, 2006
U.S. v. Rodriguez-Felix, No. 05-2142 (10th Cir.) (450 F.3d 1117) (June 2, 2006) (Judge Timothy M. Tymkovich) by U.S. v. Rodriguez-Felix, 450 F.3d 1117 (10th Cir. June 2, 2006) (Judge Tymkovich) U.S. v. Brownlee, 454 F.3d 131 (3rd Cir. July 18, 2006) (Judge Ambro) Both of these cases add a …
Article • June 1, 2003 • from P&J June, 2003
U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (254 F.Supp.2d 602) (March 18, 2003) (Judge Robert E. Payne) by The defendant in this case was charged with interference with commerce by force and possession and discharge of a firearm in furtherance of a crime of violence in connection with the attempted …
Article • February 1, 2003 • from P&J February, 2003
U.S. v. Lester, No. CR. 3:02CR372 (E.D.Va.) (234 F.Supp.2d 595) (December 19, 2002) (Judge Robert E. Payne) by Technically, the defendant in this case, Cornelius Lester, was charged with “interference with commerce by force” in violation of 18 U.S.C. § 1951. In the wonderful world of Federal criminal law parlance, …
Article • June 1, 2000 • from P&J June, 2000
U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley) by This decision is noted principally for its probing discussion and perceptive analysis of the factors that bear on the reliability of eyewitness identification - although this case also demonstrates an appalling example …
Article • July 5, 1999
Watkins v. Sowders, No. 79-5949 (U.S. Supreme Court) (449 U.S. 341; 101 S.Ct. 654) (January 13, 1981) (Justice Stewart) by The Court did, however, leave open the possibility that "in some circumstances . . . Such a determination [outside the jury's presence] may be constitutionally necessary." (Id., at 349). Case …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Hines, No. 97-CR-10336-NG (D.Mass.) (55 F.Supp.2d 62) (June 11, 1999) (Judge Nancy Gertner) by In this case the defendant was tried on a charge of bank robbery. The Government sought to present a handwriting expert's testimony regarding a match between the stick-up note used by the robber and …
Article • October 1, 1997 • from P&J December, 1997
U.S. v. Smith, No. 95-8102 (11th Cir.) (122 F.3d 1355) (June 6, 1997) (Per Curiam) by Court held that expert testimony regarding eyewitness reliability was unadmissible under Daubert.
Article • June 1, 1996 • from P&J June, 1996
U.S. v. Jordan, No. 95-CR-6051L (W.D.N.Y.) (924 F.Supp. 443) (May 1, 1996) (Judge David G. Larimer) by In this case, citing the standards laid down by the Supreme Court in the Daubert case, Judge Larimer rejects a Government motion to exclude expert testimony in the area of human memory and …
Article • January 1, 1994
U.S. v. Harris, No. 92-5603 (4th Cir.) (995 F.2d 532) (June 14, 1993) (Judge James Marshall Sprouse) by Here the Court affirmed the district court's ruling excluding the proffered testimony of defendant's expert witness concerning psychological limitations on eyewitness identification on the grounds that such testimony was not inherently reliable. …