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U.S. v. Ledbetter, No. 2:15-CR-080 (S.D.Ohio) (188 F.Supp.3d 674) (May 23, 2016) (Judge Algenon L. Marbley)

Article • February 27, 2017 • from P&J February, 2017

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Ledbetter, No. 2:15-CR-080 (S.D.Ohio) (188 F.Supp.3d 674) (May 23, 2016) (Judge Algenon L. Marbley) by This is an interesting decision that explores the current legal principles and rules governing the introduction into evidence of a defendant’s gang tattoos in a criminal proceeding. This case involved the prosecution of …

U.S. v. Campa, No. 01-17176 (11th Cir.) (459 F.3d 1121) (August 9, 2006) (Judge Charles R. Wilson)

Article • September 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Campa, No. 01-17176 (11th Cir.) (459 F.3d 1121) (August 9, 2006) (Judge Charles R. Wilson) by In this 120-page en banc decision, the majority reversed a prior decision which granted the defendants a new trial based on a "perfect storm" of pretrial publicity, holding that the trial court …

U.S. v. Campa, No. 01-17176 (11th Cir.) (419 F.3d 1219) (August 9, 2005) (Per Curiam)

Article • September 1, 2005 • from P&J September, 2005

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Campa, No. 01-17176 (11th Cir.) (419 F.3d 1219) (August 9, 2005) (Per Curiam) by In 1998, the five defendants in this case (who subsequently became known as the “Cuba 5") were arrested on a criminal complaint; and they were subsequently indicted with nine co-defendants on a variety of …

U.S. v. Kaquatosh, No. 02-CR-151 (E.D.Wisc.) (227 F.Supp.2d 1045) (October 17, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Kaquatosh, No. 02-CR-151 (E.D.Wisc.) (227 F.Supp.2d 1045) (October 17, 2002) (Judge Lynn S. Adelman) by Here the Court granted the defendant’s motion for severance under Rule 8(a) of the Fed.R.Crim.P., after finding that two charges of assault were not of the same or similar character as the third …

Zafiro v. U.S., No. 91-6824 (U.S. Supreme Court) (506 U.S. 534; 113 S.Ct. 933) (January 25, 1993) (Justice O'Connor)

Article • June 23, 2000

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

Zafiro v. U.S., No. 91-6824 (U.S. Supreme Court) (506 U.S. 534; 113 S.Ct. 933) (January 25, 1993) (Justice O'Connor) by This is one of the seminal cases on severance based on a claim of mutually antagonistic defenses. The petitioners in this case were four individuals charged with distributing illegal drugs. …

U.S. v. Mayfield, No. 98-50100 (9th Cir.) (189 F.3d 895) (August 26, 1999) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

U.S. v. Mayfield, No. 98-50100 (9th Cir.) (189 F.3d 895) (August 26, 1999) (Judge Dorothy Wright Nelson) by Here the Court held that the trial court abused its discretion by failing to sever the trial of two defendants, where the codefendant presented a mutually exclusive defense and improper evidence that …

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson) by This high profile case, which charged five police officers with violating the civil rights of Abner Louima, is noted for its discussion of a number of issues including severance requests based on …

U.S. v. Salameh, No. 94-1312 (2nd Cir.) (152 F.3d 88) (August 4, 1998) (Per Curiam)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

U.S. v. Salameh, No. 94-1312 (2nd Cir.) (152 F.3d 88) (August 4, 1998) (Per Curiam) by This case involved a multi-defendant conspiracy to blow up the World Trade Center complex in New York City. At trial, one defendant, Abouhalima, refused to concede that a bomb had blown up the World …

Hood v. Helling, No. 96-4180 (8th Cir.) (141 F.3d 892) (April 14, 1998) (Judge Diana E. Murphy)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

Hood v. Helling, No. 96-4180 (8th Cir.) (141 F.3d 892) (April 14, 1998) (Judge Diana E. Murphy) by The majority defined "mutually antagonistic defenses" as those which "force the jury to disbelieve the core of on defense in order to believe the core of the other." (Id., at 896). In …

U.S. v. Wilkins, No. 97-2075EA (8th Cir.) (139 F.3d 603) (March 18, 1998) (Judge Richard S. Arnold)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Wilkins, No. 97-2075EA (8th Cir.) (139 F.3d 603) (March 18, 1998) (Judge Richard S. Arnold) by Court refused to find that disctrict court abused discretion by ordering a new trial in view of the potential spill-over effects from evidence relating to charges dismissed during trial due to lack …

U.S. v. Wilkins, No. 97-2075EA (8th Cir.) (139 F.3d 603) (March 18, 1998) (Judge Richard S. Arnold)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Wilkins, No. 97-2075EA (8th Cir.) (139 F.3d 603) (March 18, 1998) (Judge Richard S. Arnold) by Court refused to find that disctrict court abused discretion by ordering a new trial in view of the potential spill-over effects from evidence relating to charges dismissed during trial due to lack …

U.S. v. Jordan, No. 96-1396 (1st Cir.) (112 F.3d 14) (April 29, 1997) (Judge Bailey Aldrich)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Prejudicial Joinder Issues

U.S. v. Jordan, No. 96-1396 (1st Cir.) (112 F.3d 14) (April 29, 1997) (Judge Bailey Aldrich) by This case shows another example of the Government's vindictiveness if it gets wounded at the first trial. Here, the defendant was indicted on a number of wire fraud, mail fraud and money laundering …

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Riddle, No. 95-20251 (5th Cir.) (103 F.3d 423) (January 7, 1997) (Judge Patrick E. Higginbotham) by Conviction reversed based on violations of Federal Rules of Evidence including admission of highly prejudicial reports of bank examinations that were irrelevant to issues.

U.S. v. Muyet, No. S2 95 Cr. 941 (PKL) (S.D.N.Y.) (945 F.Supp. 586) (November 18, 1996) (Judge Peter K. Leisure)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Muyet, No. S2 95 Cr. 941 (PKL) (S.D.N.Y.) (945 F.Supp. 586) (November 18, 1996) (Judge Peter K. Leisure) by This is one of those classic, hum-drum, push-the-button-and-get-the-cites decisions that glosses over some important issues - and shows how difficult it is to battle Big Brother. But if you …

U.S. v. Muyet, No. S2 95 Cr. 941 (PKL) (S.D.N.Y.) (945 F.Supp. 586) (November 18, 1996) (Judge Peter K. Leisure)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Muyet, No. S2 95 Cr. 941 (PKL) (S.D.N.Y.) (945 F.Supp. 586) (November 18, 1996) (Judge Peter K. Leisure) by This is one of those classic, hum-drum, push-the-button-and-get-the-cites decisions that glosses over some important issues - and shows how difficult it is to battle Big Brother. But if you …

U.S. v. Camacho, No. S12 94 Cr. 313 (CSH) (S.D.N.Y.) (939 F.Supp. 203) (September 10, 1996) (Judge Charles S. Jr. Haight)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Camacho, No. S12 94 Cr. 313 (CSH) (S.D.N.Y.) (939 F.Supp. 203) (September 10, 1996) (Judge Charles S. Jr. Haight) by This is an unusually stern decision in which Judge Haight granted a severance of new charges, pursuant to Rule 14 of the Fed.R.Crim.P., that the Government attempted to …

U.S. v. Buchanan, No. 95-10188-NG (D.Mass.) (930 F.Supp. 657) (June 4, 1996) (Judge Nancy Gertner)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Buchanan, No. 95-10188-NG (D.Mass.) (930 F.Supp. 657) (June 4, 1996) (Judge Nancy Gertner) by In this decision, Judge Gertner gives an instructive analysis of Rules 8(a) and 14 of the Fed.R.Crim.P., which deal with the joinder and misjoinder of separate offenses in a single indictment. The defendant was …

U.S. v. Buchanan, No. 95-10188-NG (D.Mass.) (930 F.Supp. 657) (June 4, 1996) (Judge Nancy Gertner)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Prejudicial Joinder Issues

U.S. v. Buchanan, No. 95-10188-NG (D.Mass.) (930 F.Supp. 657) (June 4, 1996) (Judge Nancy Gertner) by In this decision, Judge Gertner gives an instructive analysis of Rules 8(a) and 14 of the Fed.R.Crim.P., which deal with the joinder and misjoinder of separate offenses in a single indictment. The defendant was …

U.S. v. Abbell, No. 93-0470-CR (S.D.Fla.) (926 F.Supp. 1545) (May 1, 1996) (Judge William M. Hoeveler)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Prejudicial Spillover

U.S. v. Abbell, No. 93-0470-CR (S.D.Fla.) (926 F.Supp. 1545) (May 1, 1996) (Judge William M. Hoeveler) by Here the Court denied the motions for severance of six of 59 defendants were were charged in a single indictment, essentially agreeing that separate trials would result in an inefficient use of judicial …

U.S. v. Camacho, No. 94 Cr. 313 (CSH) (S.D.N.Y.) (927 F.Supp. 83) (May 10, 1996) (Judge Charles S. Jr. Haight)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Joinder of Offenses and/or Defendants

U.S. v. Camacho, No. 94 Cr. 313 (CSH) (S.D.N.Y.) (927 F.Supp. 83) (May 10, 1996) (Judge Charles S. Jr. Haight) by United States v. Abbell, 926 F.Supp. 1545 (S.D.Fla. 1996) United States v. Camacho, 927 F.Supp. 83 (S.D.N.Y. 1996) These two cases graphically show the brazen nature of the Government's …