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U.S. v. Wash, No. 00-1217 (7th Cir.) (231 F.3d 366) (November 2, 2000) (Judge Joel L. Flaum)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Wash, No. 00-1217 (7th Cir.) (231 F.3d 366) (November 2, 2000) (Judge Joel L. Flaum) by United States v. Wash, 231 F.3d 366 (7th Cir. 2000) (Judge Flaum) United States v. Varoudakis, 233 F.3d 113 (1st Cir. 2000) (Judge Lipez) It doesn’t take a genius to recognize that, …

U.S. v. Carroll, No. 99-2940 (8th Cir.) (207 F.3d 465) (March 15, 2000) (Judge Pasco M. II Bowman)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Carroll, No. 99-2940 (8th Cir.) (207 F.3d 465) (March 15, 2000) (Judge Pasco M. II Bowman) by As this case shows, one of the most conceptually confusing topics in criminal law is the use of “prior bad acts” evidence during a criminal trial. That issue is extremely important, …

U.S. v. Harris, No. CR98-0070-MWB (N.D.Iowa) (65 F.Supp.2d 983) (August 24, 1999) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Harris, No. CR98-0070-MWB (N.D.Iowa) (65 F.Supp.2d 983) (August 24, 1999) (Judge Mark W. Bennett) by

U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Mitchell, No. 96-10411 (9th Cir.) (172 F.3d 1104) (March 26, 1999) (Judge Andrew J. Kleinfeld) by Here the Ninth Circuit reversed a conviction because the district court had erroneously permitted the Government to introduce extensive evidence of the defendant's poverty in order to establish a motive to commit …

U.S. v. Ely, No. 96-30070 (9th Cir.) (142 F.3d 1113) (April 23, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Ely, No. 96-30070 (9th Cir.) (142 F.3d 1113) (April 23, 1998) (Judge John T. Jr. Noonan) by This expansive bank fraud case should throw a tremor of fear in the hearts of directors of all financial institutions who can now be charged criminally, on the basis of hindsight, …

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Zapata, No. 97-6270 (11th Cir.) (139 F.3d 1355) (April 28, 1998) (Per Curiam) by Case held that a plea of not guilty makes "intent" a material issue which permits introduction of evidence of past crimes to allow the Government to meet its "substantial" burden of proof.

U.S. v. Loveless, No. 97-2960 (8th Cir.) (139 F.3d 587) (April 7, 1998) (Judge Richard H. Kyle)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Loveless, No. 97-2960 (8th Cir.) (139 F.3d 587) (April 7, 1998) (Judge Richard H. Kyle) by Court held that "Rule 404(b) is a rule of inclusion; it allows the court to admit evidence of prior bad acts unless it tends to prove only a defendant's criminal disposition." (Id., …

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Queen, No. 96-4085 (4th Cir.) (132 F.3d 991) (December 29, 1997) (Judge Paul V. Niemeyer) by Here the Court held that evidence that the defendant had, some 10 years previously, engaged in two acts of witness tampering was admissible to show the defendant's intent in the instant case. …

U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (981 F.Supp. 1074) (October 21, 1997) (Judge James G. Carr)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (981 F.Supp. 1074) (October 21, 1997) (Judge James G. Carr) by In this case, the Government sought to introduce certain allegedly altered documents as evidence of intent to defraud and consciousness of guilt on the part of the defendant. The Court held that because …

U.S. v. Tomberlin, No. 97-1963 (8th Cir.) (130 F.3d 1318) (December 12, 1997) (Judge Pasco M. II Bowman)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Tomberlin, No. 97-1963 (8th Cir.) (130 F.3d 1318) (December 12, 1997) (Judge Pasco M. II Bowman) by Case held that when the defendant asserted a "mere presence" defense, he challanged both his knowledge and intent, thereby allowing admission of prior arrests and convictions offered to show intent and …

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman) by Here, the Government argued that evidence of prior sexual misconduct was relevant to show intent, in particular the intent element required by the statute - but the court held that "intent is …

U.S. v. Myers, No. 95-5316 (6th Cir.) (102 F.3d 227) (December 11, 1997) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Myers, No. 95-5316 (6th Cir.) (102 F.3d 227) (December 11, 1997) (Judge Gerald E. Rosen) by United States v. Jobson, 102 F.3d 214 (6th Cir. 1996) United States v. Myers, 102 F.3d 227 (6th Cir. 1996) Both of these cases deal with the scope of Rule 404(b) of …

U.S. v. Hernandez, No. 95-1882 (7th Cir.) (84 F.3d 931) (May 21, 1996) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Hernandez, No. 95-1882 (7th Cir.) (84 F.3d 931) (May 21, 1996) (Judge William J. Bauer) by Here the Court held that a prior marijuana conviction was similar enough to the charged crimes of distribution of of cocaine and heroin as to be admissible under Fed.R.Evid. 404(b) to show …

U.S. v. Thomas, No. 95-1209 (8th Cir.) (58 F.3d 1318) (July 5, 1995) (Judge Frank J. Magill)

Article • August 1, 1995

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Thomas, No. 95-1209 (8th Cir.) (58 F.3d 1318) (July 5, 1995) (Judge Frank J. Magill) by In this case, the Eighth Circuit adopted the rule followed by the Second and Ninth Circuits which holds that when a defendant denies only the criminal act, he does not place his …

U.S. v. Boyd, No. 92-3020 (D.C. Cir.) (55 F.3d 667) (May 30, 1995) (Judge Harry T. Edwards)

Article • July 1, 1995

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Boyd, No. 92-3020 (D.C. Cir.) (55 F.3d 667) (May 30, 1995) (Judge Harry T. Edwards) by The decision in this case explores the parameters of Rule 704(b) which prohibits an expert witness from testifying as to whether the defendant had "the mental state . . . constituting an …

U.S. v. Shoffner, No. 94-2585 (8th Cir.) (71 F.3d 1429) (December 21, 1995) (Judge David R. Hansen)

Article • January 1, 1995

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Shoffner, No. 94-2585 (8th Cir.) (71 F.3d 1429) (December 21, 1995) (Judge David R. Hansen) by The Court holds that evidence that the defendant had been convicted six years previously on state drug charges was admissible under Rule 404(b) to prove motive, intent, preparation, plan and knowledge in …

U.S. v. Perkins, No. 88-5237 (9th Cir.) (937 F.2d 1397) (July 1, 1991) (Judge Pamela Ann Rymer)

Article • January 1, 1994

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Perkins, No. 88-5237 (9th Cir.) (937 F.2d 1397) (July 1, 1991) (Judge Pamela Ann Rymer) by Case held that evidence of a prior conviction was not admissible as identity evidence because it was "not sufficiently distinctive to warrant an inference that the person who committed the crime also …

U.S. v. Wilson, No. 94-1148 (7th Cir.) (31 F.3d 510) (August 2, 1994) (Judge John L. Coffey)

Article • January 1, 1994

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Wilson, No. 94-1148 (7th Cir.) (31 F.3d 510) (August 2, 1994) (Judge John L. Coffey) by Here the Court held that "Under Federal Rule of Evidence 404(b), evidence of other misconduct is not admissible to show that the defendant acted in conformity therewith, but may be admissible for …

U.S. v. Quinn, No. 92-10452 (9th Cir.) (18 F.3d 1466) (March 17, 1994) (Judge Mary M. Schroeder)

Article • January 1, 1994

Filed under: Punch And Jurists, Motive/Opportunity/Intent/Identity Evidence

U.S. v. Quinn, No. 92-10452 (9th Cir.) (18 F.3d 1466) (March 17, 1994) (Judge Mary M. Schroeder) by In discussing the use of "identity" evidence, the Court held that the prior crime must be "so similar in their circumstances as to guarantee a reasonable liklihood that they were committed by …