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Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell)

Article • November 24, 2011

Filed under: Punch And Jurists, Statements Against Interest

Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell) by This case recognizes the proposition that criminal defendants possess a “due process right to have clearly exculpatory evidence presented to the jury, at least when there is no strong countervailing …

Williamson v. U.S., No. 93-5256 (U.S. Supreme Court) (512 U.S. 594; 114 S.Ct. 2431) (June 27, 1994) (Justice O'Connor)

Article • November 18, 2001

Filed under: Punch And Jurists, Statements Against Interest

Williamson v. U.S., No. 93-5256 (U.S. Supreme Court) (512 U.S. 594; 114 S.Ct. 2431) (June 27, 1994) (Justice O'Connor) by In this case the declarant had lied to the police when he was first interviewed and several hours later he told a different story. When the declarant refused to testify …

Lilly v. Virginia, No. 98-5881 (U.S. Supreme Court) (527 U.S. 116; 119 S.Ct. 1887) (June 10, 1999) (Justice Stevens)

Article • October 21, 2000 • from P&J May, 1999

Filed under: Punch And Jurists, Statements Against Interest

Lilly v. Virginia, No. 98-5881 (U.S. Supreme Court) (527 U.S. 116; 119 S.Ct. 1887) (June 10, 1999) (Justice Stevens) by In this case the Supreme Court addressed what it called "a significant departure from our Confrontation Clause jurisprudence." The petitioner, his brother, and a third defendant were arrested at the …

U.S. v. Valenzuela, No. 98 CR 753 (N.D.Ill.) (53 F.Supp.2d 992) (May 17, 1999) (Judge Ruben Castillo)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Valenzuela, No. 98 CR 753 (N.D.Ill.) (53 F.Supp.2d 992) (May 17, 1999) (Judge Ruben Castillo) by In this decision, which contains an excellent review of the law, particularly in the Seventh Circuit, relating to Rule 804(b)(3), the Court held that a codefendant's statement indicating thatb the defendant was …

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Zizzo, No. 95-1643 (7th Cir.) (120 F.3d 1338) (July 29, 1997) (Judge Terrence T. Evans) by This is one of those classic appeals arising from the conviction of many members of a "crime syndicate" - and from the opening paragraph Judge Evans had great difficulty restraining the urge …

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer) by The issue in this case was whether a statement given to police by a declarant who was offered leniency in exchange for cooperation qualifies under the hearsay exception for statements against penal …

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Beydler, No. 96-30035 (9th Cir.) (120 F.3d 985) (July 22, 1997) (Judge William W. Schwarzer) by The issue in this case was whether a statement given to police by a declarant who was offered leniency in exchange for cooperation qualifies under the hearsay exception for statements against penal …

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Mackey, No. 94-2264 (1st Cir.) (117 F.3d 24) (July 9, 1997) (Judge Michael Boudin) by Case rejected the use of hearsay statements against penal interest, holding that there must be indicia of trustworthiness of trhe specific essential assertions not merely the facts contained in the statement.

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by Case held it was reversible error to refuse to admit all of an inclupatory statement by defendant's father, who was a fugitive at the time of trial.

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes) by Case explored at length the history and purposes of Rule 804(b)(3) and held that there is no per se bar to admission of any and all statements against interest that implicate another.

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Barone, No. 94-1593 (1st Cir.) (114 F.3d 1284) (June 6, 1997) (Judge Hugh H. Bownes) by Case held that corroboration requirement for admission of statement against interest is not concerned with the veracity of the in-court witness but the trustworthiness of the out-of-court statement (Id., at 1300).

U.S. v. Thomas, No. 93-6673 (11th Cir.) (62 F.3d 1332) (September 5, 1995) (Judge Edward E. Carnes)

Article • September 1, 1995

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Thomas, No. 93-6673 (11th Cir.) (62 F.3d 1332) (September 5, 1995) (Judge Edward E. Carnes) by

U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall)

Article • January 1, 1994

Filed under: Punch And Jurists, Statements Against Interest

U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall) by Here the Court held that the "against interest" requirement of Rule 804(b)(3) applies not only to confessions of criminal responsibility, but also to remarks that "tend to subject" the declarant to criminal …