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Article • September 1, 2004 • from P&J September, 2004
U.S. v. Griffith, No. 03-1510 (2nd Cir.) (385 F.3d 124) (October 4, 2004) (Judge John M. Jr. Walker) by The provisions of 18 U.S.C. §§ 3153(c)(1) and (c)(3) provide, respectively, that information obtained during the performance of pretrial services functions shall be used only for the purposes of a bail …
Article • November 1, 2001
U.S. v. Havens, No. 79-305 (U.S. Supreme Court) (446 U.S. 620; 100 S.Ct. 1912) (May 27, 1980) (Justice White) by Here the Court upheld the admission at trial of illegally seized evidence to impeach a defendant's testimony deliberately elicited by the Government under the cover of impeaching an accused who …
Article • December 15, 2000
New Jersey v. Portash, No. 77-1489 (U.S. Supreme Court) (440 U.S. 450; 99 S.Ct. 1292) (March 20, 1979) (Justice Stewart) by The issue addessed by the Court in this case was whether a prosecutor may use a person's legislatively immunized grand jury testimony to impeach his credibility as a testifying …
Article • June 1, 2000 • from P&J June, 2000
U.S. v. Saada, No. 99-5126 (3rd Cir.) (212 F.3d 210) (May 15, 2000) (Judge Stanley S. Harris) by In this case, the defendants were charged with a number of crimes arising out of an alleged staged flooding at a warehouse, caused by a broken sprinkler head, which led to damages …
Article • May 1, 1999 • from P&J May, 1999
U.S. v. Bensimon, No. 98-50080 (9th Cir.) (172 F.3d 1121) (April 13, 1999) (Judge Robert Boochever) by Here the Court held that the admission of a 17-year old mail fraud conviction was improper under Rule 609(b) because it improperly balanced the probative value of that evidence and its prejudicial effect. …
Article • April 1, 1999 • from P&J April, 1999
U.S. v. Ohler, No. 98-50282 (9th Cir.) (169 F.3d 1200) (March 9, 1999) (Judge Melvin Brunetti) by In this case the defendant relied upon the holding in U.S. v. Fisher, 106 F.3d 622 (5th Cir. 1997) for the proposition that, by raising her prior convictions during direct examination (as expressly …
Article • March 1, 1999 • from P&J March, 1999
U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner) by Here Judge Gertner rejected a Government motion to permit it to use evidence of the defendant's prior rape conviction under Rule 609(a), on the grounds that its probative value was greatly overvalued and …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Begay, No. 97-2127 (10th Cir.) (144 F.3d 1336) (May 27, 1998) (Judge James K. Logan) by Case held that exclusion of evidence that Government's witness had been convicted of various crimes was not error because evidence of a prior drug conviction was not necessarily relevant to credibility and …
Article • July 1, 1998 • from P&J July, 1998
U.S. v. Dunson, No. 97-1163 (10th Cir.) (142 F.3d 1213) (April 24, 1998) (Judge John C. Porfilio) by Case held that for purposes of Rule 609(a)(2), shoplifting was not automatically a crime involving "dishonesty or false statement" within meaning of rule governing admission of evidence of prior misdemeanor convictions. Here, …
Article • October 1, 1997 • from P&J October, 1997
U.S. v. Logan, No. 96-1479 (8th Cir.) (121 F.3d 1172) (August 4, 1997) (Judge Morris Sheppard Arnold) by Here the Court agreed that the district court had erred in permitting the introduction of certain impeachment evidence that resulted in undue prejudice and jury confusion, but neverthless held that the error …
Article • August 1, 1997 • from P&J August, 1997
U.S. v. White, No. 94-3063 (D.C. Cir.) (116 F.3d 903) (June 27, 1997) (Per Curiam) by In this case, the district court had allowed defense counsel to cross-examine a police officer about a hearsay declarant's drug use, drug dealing, and prior convictions, but had not allowed defense counsel to impeach …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott) by Case affirmed the use of drug dealer profile evidence to establish a modus operandi. The principal issue in this case dealt with the growing use of the made-to-measure “drug dealer profile” - …
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Morla-Trinidad, No. 96-1070 (1st Cir.) (100 F.3d 1) (November 8, 1996) (Judge Norman H. Stahl) by This case is noted because it discusses a mode of impeachment of a witness - namely, the so-called "impeachment exception to the exclusionary rule" - that is not specifically treated in the …