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Article • January 19, 2012
Gilbert v. California, No. 223 (U.S. Supreme Court) (388 U.S. 263; 87 S.Ct. 1951) (June 12, 2067) (Justice Brennan) by Here the Court held that the giving of a handwring exemplar does not violate the privilege against self-incrimination, since the handwriting itself is physical, not testimonial, evidence. The Court also …
Article • March 1, 2004 • from P&J March, 2004
U.S. v. Prime, No. 02-30375 (9th Cir.) (363 F.3d 1028) (April 16, 2004) (Judge Stephen S. Trott) by Joining with six other Circuits (the First, Third, Fourth, Sixth, Eighth and Eleventh), the Ninth Circuit agreed that handwriting expert testimony satisfies the reliability threshholds established under the Daubert and Kumho Tire …
Article • January 1, 2003 • from P&J January, 2003
U.S. v. Hidalgo, No. CR-01-1011-PHX-FJM (D.Ariz.) (229 F.Supp.2d 961) (November 6, 2002) (Judge Frederick J. Martone) by This is an important decision regarding the current state of the law regarding the admissibility of evidence regarding handwriting analysis under Rule 702 of the Fed.R.Evid.. In his decision, Judge Martone has presented …
Article • November 1, 2002 • from P&J November, 2002
U.S. v. Prime, No. CR01-0310L (W.D.Wash.) (220 F.Supp.2d 1203) (September 20, 2002) (Judge Robert S. Lasnik) by This case is noted for its exhaustive review and comprehensive analysis of the law on the issue of the admissibility of handwriting identification evidence, under the standards mandated by the Daubert and Kumho …
Article • July 14, 2002
U.S. v. Mara, No. 71-850 (U.S. Supreme Court) (410 U.S. 10; 93 S.Ct. 774) (January 22, 1973) (Justice Stewart) by Here the Court held that a person could be compelled to give handwriting exemplars to a grand jury because handwriting, like speech, was repeatedly shown to the public and hence …
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 United States v. Paul, 175 F.3d 906 (11th Cir. 1999) (Judge Hatchett) United States v. Hines, 55 F.Supp.2d 62 (D.Mass. 1999) (Judge Gertner) These two cases present a range of diverse judicial thinking on …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Paul, No. 97-9302 (11th Cir.) (175 F.3d 906) (May 13, 1999) (Judge Joseph Woodrow Hatchett) by United States v. Paul, 175 F.3d 906 (11th Cir. 1999) (Judge Hatchett) United States v. Hines, 55 F.Supp.2d 62 (D.Mass. 1999) (Judge Gertner) These two cases present a range of diverse judicial …
Article • May 1, 1998 • from P&J May, 1998
U.S. v. Matos, No. 97 CR 803(JG) (E.D.N.Y.) (990 F.Supp. 141) (January 7, 1998) (Judge John Gleeson) by This case raises some interesting issues regarding handwriting exemplars. The defendant was charged with robbing two banks, during which he delivered notes to the tellers telling them to put all the money …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Jones, No. 95-6096 (6th Cir.) (107 F.3d 1147) (March 3, 1997) (Judge Karen Nelson Moore) by One of the issues raised in this case was whether the Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) had any impact on the long tradition …
Article • January 1, 1995
U.S. v. Velasquez, No. 93-7236 (3rd Cir.) (64 F.3d 844) (August 31, 1995) (Judge Jane R. Roth) by In this case, the 3rd Circuit vacated a conviction because the trial judge refused to allow defense coun- sel to introduce an expert witness who would have criticized the reliability of handwriting …