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Article • February 12, 2017 • from P&J February, 2017
U.S. v. Fattah, No. Crim. No. 15-346 (E.D.Pa.) (187 F.Supp.3d 563) (May 11, 2017) (Judge Harvey III Bartle) by In this case, Judge Bartle granted the Government’s motion to quash a subpoena duces tecum served by defense counsel seeking the mental health records of a cooperating witness (“CW”) with a …
Article • May 1, 2002 • from P&J May, 2002
U.S. v. Edwards, No. CRIM.01-190-(PLF) (D.D.C.) (191 F.Supp.2d 88) (February 27, 2002) (Judge Paul L. Friedman) by This is an interesting case in which Richard A. Seligman, Esq. counsel for the defendant Donald Edwards, served a subpoena duces tecum on the Office of the General Counsel of the Federal Bureau …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Godwin, No. 00-4094 (4th Cir.) (272 F.3d 659) (November 27, 2001) (Judge Robert Bruce King) by This case is noted for its extensive discussion of an important question: when does a trial judge’s extensive involvement in the questioning of witnesses cross the boundaries of propriety and deprive a …
Article • August 1, 2000 • from P&J August, 2000
U.S. v. Collins, No. 98-3475 (6th Cir.) (226 F.3d 457) (August 31, 2000) (Judge Allen E. Norris) by In this case, a panel from the Sixth Circuit refused to find error with the district court’s broad decision to allow the jurors in this case to submit questions to witnesses. In …
Article • March 1, 2000 • from P&J March, 2000
U.S. v. Cisneros, No. 98-40955 (5th Cir.) (203 F.3d 333) (February 3, 2000) (Judge E. Grady Jolly) by In rejecting claims that the district court had denied the defendant a fair trial by frequently questioning a Government witness, creating an aura of partiality towards the Government, the Fifth Circuit stated: …
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne) by Here the Court affirmed its prior decisions that the practice of allowing juror questions is a matter committed to the sound discretion of the trial judge and is not prejudicial per …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Hernandez, No. 98-5266 (3rd Cir.) (176 F.3d 719) (May 17, 1999) (Judge Theodore A. McKee) by One of the issues addressed in this case was the propriety of the growing practice of permitting jurors to participate in questioning witnesses during the course of a trial; and it is …
Article • March 1, 1999 • from P&J March, 1999
U.S. v. Cantu, No. 97-40930 (5th Cir.) (167 F.3d 198) (February 3, 1999) (Judge Jacques L. Jr. Wiener) by Here the Court rejected a claim that the defendant was denied a fair trail because of the judge's alleged pervasive, often leading questions that were designed to rehabilitate the Government's witnesses …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Sepe, No. 91-708-CR (S.D.Fla.) (1 F.Supp.2d 1372) (April 21, 1998) (Judge Norman C. Roettger) by Case held that Government's misconduct of waiting till just before trial to seek the testimony of a key witness warranted barring that witness from testifying at trial. In 1996, the defendant in this …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Tilghman, No. 96-3114 (D.C. Cir.) (134 F.3d 414) (February 3, 1998) (Judge David S. Tatel) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often so difficult …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Saenz, No. 96-40546 (5th Cir.) (134 F.3d 697) (February 2, 1998) (Per Curiam) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often so difficult …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Tilghman, No. 96-3114 (D.C. Cir.) (134 F.3d 414) (February 3, 1998) (Judge David S. Tatel) by United States v. Tilghman, 134 F.3d 414 (D.C.Cir. 1998) (Judge Tatel) United States v. Saenz, 134 F.3d 697 (5th Cir. 1998) (Per Curiam) It is easy to understand why it is often …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Russell, No. 96-3039 (10th Cir.) (109 F.3d 1503) (February 27, 1997) (Justice White) by The Court also conlcuded that "Although Rule 16 does not control this case, it provides a helpful point of reference for our analysis by describing the district court's authority to remedy discovery infractions in …
Article • April 1, 1997 • from P&J April, 1997
Walters v. McCormick, No. 94-35684 (9th Cir.) (108 F.3d 1165) (March 12, 1997) (Judge Jerome Farris) by This "unprecedented" habeas corpus case takes the cake as a blatant example of coaching witnesses to achieve a conviction; but to understand what happened, one must read the descriptive dissenting opinion of Judge …
Article • January 1, 1997 • from P&J January, 1997
U.S. v. Lin, No. 95-3164 (D.C. Cir.) (101 F.3d 760) (December 10, 1996) (Judge Patricia M. Wald) by Citing its decision in U.S. v. Duran, 96 F.3d 1995 (D.C.Cir. 1996), the Court held that when a defedant fails to object to judicial comments at the time they are made and …
Article • November 1, 1996 • from P&J November, 1996
U.S. v. Duran, No. 95-3096 (D.C. Cir.) (96 F.3d 1495) (October 8, 1996) (Judge Patricia M. Wald) by Among the many issues raised in this case was a claim that the trial judge had shown improper partiality towards the Government's case, in violation of Rule 614(b) of the Fed.R.Evid. In …
Article • March 1, 1996 • from P&J March, 1996
U.S. v. Filani, No. 95-1051, No. 73 (2nd Cir.) (74 F.3d 378) (January 11, 1996) (Judge Richard J. Cardamone) by This is a rare case in which the Second Circuit reversed a conviction because it found that Judge Tsoucalas had "unmistakably" interfered with the defendant's right to a fair trial …
Article • March 1, 1996 • from P&J March, 1996
U.S. v. Filani, No. 95-1051, No. 73 (2nd Cir.) (74 F.3d 378) (January 11, 1996) (Judge Richard J. Cardamone) by This is a rare case in which the Second Circuit reversed a conviction because it found that Judge Tsoucalas had "unmistakably" interfered with the defendant's right to a fair trial …