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U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica) by The Court affirmed a lower court decision to preclude expert testimony as to whether defendant' mental disorders “precluded him from forming the intent to defraud” on the grounds that such questions would …

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Bennett, No. 97-1816 (3rd Cir.) (161 F.3d 171) (November 16, 1998) (Judge Anthony J. Scirica) by The Court affirmed a lower court decision to preclude expert testimony as to whether defendant' mental disorders “precluded him from forming the intent to defraud” on the grounds that such questions would …

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson) by This en banc decision reverses an old Ninth Circuit decision, U.S. v. Brodie, 858 F.3d 492 (9th Cir. 1988), which held that Rule 704(b) of the Fed.R.Evid. precluded an expert witness from …

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Morales, No. 94-10507 (9th Cir.) (108 F.3d 1031) (March 5, 1997) (Judge David R. Thompson) by The court explained the "necessary compulsion test" of Rule 704(b) which prohibits an expert's testimony about whether the defendant had the mens rea for the crime but permits testimony about his mental …

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel) by Despite stating that it was "troubled by such testimony", the court rejected a claim that an expert witness' testimony, where he opined that the quantity of drugs possessed by the defendant signified …

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel) by The defendant in this case was charged with and convicted of possession of crack cocaine with intent to distribute. His defense was that he possessed the drugs for personal consumption and that …

U.S. v. Valle, No. 95-1832 (1st Cir.) (72 F.3d 210) (December 26, 1995) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Valle, No. 95-1832 (1st Cir.) (72 F.3d 210) (December 26, 1995) (Judge Bruce M. Selya) by Case held that expert testimony indicating an intent to distribute was not improper opinion testimony on the ultimate issue; and in the process gave a detailed explanation of the history and purpose …

U.S. v. Hayden, No. 94-3349 (3rd Cir.) (64 F.3d 126) (August 28, 1995) (Judge Anthony J. Scirica)

Article • October 1, 1995

Filed under: Punch And Jurists, Opinion on Ultimate Issue

U.S. v. Hayden, No. 94-3349 (3rd Cir.) (64 F.3d 126) (August 28, 1995) (Judge Anthony J. Scirica) by In this case the defendant was convicted of receiving a firearm while under a felony information, in violation of a statute (18 USC § 924(a)(1)(D)) punishing those who "wilfully violate" its provisions. …