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Johnson v. Elk Lake School District, No. 00-1549 (3rd Cir.) (283 F.3d 138) (March 1, 2002) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

Johnson v. Elk Lake School District, No. 00-1549 (3rd Cir.) (283 F.3d 138) (March 1, 2002) (Judge Edward R. Becker) by Although this was a civil case, it is significant because it provides detailed guidance on how to determine the admissibility of past sex crimes evidence under Rules 413-415 of …

U.S. v. LeMay, No. 00-30193 (9th Cir.) (260 F.3d 1018) (August 9, 2001) (Judge Stephen S. Trott)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. LeMay, No. 00-30193 (9th Cir.) (260 F.3d 1018) (August 9, 2001) (Judge Stephen S. Trott) by

U.S. v. McHorse, No. 98-2123 (10th Cir.) (179 F.3d 889) (June 3, 1999) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. McHorse, No. 98-2123 (10th Cir.) (179 F.3d 889) (June 3, 1999) (Judge Bobby R. Baldock) by Citing its decision in U.S. v. Guardia, 135 F.3d 1326 (10th Cir. 1998), where the Court upheld Fed.R.Evid. 413(a), the Court held held that Rules 413(a) and 414(a) are identical, except that …

U.S. v. Charley, No. 98-2087 (10th Cir.) (176 F.3d 1265) (May 7, 1999) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Charley, No. 98-2087 (10th Cir.) (176 F.3d 1265) (May 7, 1999) (Judge Stephen H. Anderson) by In its holding, the Court relied on U.S. v. Castillo, 140 F.3d 874, 883-84 (10th Cir. 1998) where the Court held that Rule 414 was not unconstitutional. Here the Court affirmed the …

People of Territory of Guam v. Shymanovitz, No. 96-10467 (9th Cir.) (157 F.3d 1154) (August 31, 1998) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

People of Territory of Guam v. Shymanovitz, No. 96-10467 (9th Cir.) (157 F.3d 1154) (August 31, 1998) (Judge Stephen Reinhardt) by United States v. Mound, 157 F.3d 1153 (8th Cir. 1998) (Per Curiam) People of Territory of Guam v. Shymanovitz, 157 F.3d 1154 (9th Cir. 1998) (Judge Reinhardt) Both of …

U.S. v. Mound, No. 97-4162 (8th Cir.) (157 F.3d 1153) (October 20, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Mound, No. 97-4162 (8th Cir.) (157 F.3d 1153) (October 20, 1998) (Per Curiam) by Over the strong dissent of Judge Morris S. Arnold, the Court affirmed the constitutionality of Fed.R.Evid. 413 which permits the use of evidence of a defendant's past sex crimes. United States v. Mound, 157 …

U.S. v. Castillo, No. 96-2251 (10th Cir.) (140 F.3d 874) (April 6, 1998) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Castillo, No. 96-2251 (10th Cir.) (140 F.3d 874) (April 6, 1998) (Judge Deanell R. Tacha) by Case rejected a broad range of cinstitutional challenges to Rule 414 which permits the use of character or propensity evidence in child molestation cases. This case addressed a constitutional challenge to Rule …

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan) by Aroused by the growing surge of sex crimes in America, in 1995 Congress enacted a series of new amendments to the Federal Rules of Evidence designed to make it easier to obtain …

U.S. v. Guardia, No. 97-2053 (10th Cir.) (135 F.3d 1326) (February 2, 1998) (Judge Deanell R. Tacha)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Guardia, No. 97-2053 (10th Cir.) (135 F.3d 1326) (February 2, 1998) (Judge Deanell R. Tacha) by In this case the Court established a three-prong inquiry for determining the admissibility of sexual assault evidence under Fed.R.Evid. 413(a). Following its decision in U.S. v. Enjady, 134 F.3d 1427 (10th Cir. …

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Enjady, No. 96-2285 (10th Cir.) (134 F.3d 1427) (January 20, 1998) (Judge James K. Logan) by This case contains a detailed analysis of the new rules that deal with the introduction of evidence of prior sex crimes in certain types of sex cases. See also the Tenth Circuit's …

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, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Sumner, No. 96-3833 (8th Cir.) (119 F.3d 658) (July 10, 1997) (Judge Roger L. Wollman) by In this child molestation case, the defendant argued that the district court had erred by admitting prior bad acts evidence that he had twice previously sexually assaulted girls under the age of …

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Meacham, No. 96-4016 (10th Cir.) (115 F.3d 1488) (June 24, 1997) (Judge James K. Logan) by In face of a constitutional challenge to Rule 414, the Cour held that under the facts of the case admission of prior crimes evidence was not so prejudicial as to violate the …

U.S. v. Larson, No. 96-1576 (2nd Cir.) (112 F.3d 600) (July 30, 1997) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Sex Cases - Evidence of Similar Crimes and Acts

U.S. v. Larson, No. 96-1576 (2nd Cir.) (112 F.3d 600) (July 30, 1997) (Judge Amalya Lyle Kearse) by Case affirmed the use of evidence to show prior sexual misconduct of defendant under Rule 414, but held that such evidence is subject to balancing test of Rule 403. This case presents …