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U.S. v. Bagcho, No. Crim. No. 06-00334 (ESH) (D.D.C.) (151 F.Supp.3d 60) (December 17, 2015) (Judge Ellen Segal Huvelle)

Article • October 17, 2016 • from P&J October, 2016

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Bagcho, No. Crim. No. 06-00334 (ESH) (D.D.C.) (151 F.Supp.3d 60) (December 17, 2015) (Judge Ellen Segal Huvelle) by Here the Court threw out the defendant’s conviction for narco-terrorism after concluding that the Government had committed a Brady violation by failing to disclose before trial that one of its …

U.S. v. Olsen, No. 10-36063 (9th Cir.) (757 F.3d 625) (December 10, 2013) (Per Curiam)

Article • February 10, 2014 • from P&J February, 2014

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Olsen, No. 10-36063 (9th Cir.) (757 F.3d 625) (December 10, 2013) (Per Curiam) by In 2003, Kenneth Olsen was convicted by a federal jury of knowingly developing a biological agent for use as a weapon in violation of 18 U.S.C. § 175; and he was sentenced to 121 …

U.S. v. Sessa, No. 11-611-cr (2nd Cir.) (711 F.3d 316) (March 29, 2013) (Judge Jon O. Newman)

Article • December 1, 2013

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Sessa, No. 11-611-cr (2nd Cir.) (711 F.3d 316) (March 29, 2013) (Judge Jon O. Newman) by In challenge to defendant's 1992 conviction for several crimes related to his participation in the Colombo organized crime family, based on his argument that the Government violated due process requirements by failing …

Missouri v. Frye, No. 10-444 (U.S. Supreme Court) (566 U.S. 134; 132 S.Ct. 1399) (March 21, 2012) (Justice Kennedy)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Failure to Disclose

Missouri v. Frye, No. 10-444 (U.S. Supreme Court) (566 U.S. 134; 132 S.Ct. 1399) (March 21, 2012) (Justice Kennedy) by Missouri v. Frye, 566 U.S. ___, 132 S.Ct. 1399 (U.S. Sup. Ct. March 21, 2012) (Justice Kennedy) Lafler v. Cooper, 566 U.S. ___, 132S.Ct. 1376 (U.S. Sup. Ct. March 21, …

Warney v. Monroe County, No. 08-0947 (2nd Cir.) (587 F.3d 113) (November 13, 2009) (Judge Dennis G. Jacobs)

Article • December 1, 2009

Filed under: Punch And Jurists, Failure to Disclose

Warney v. Monroe County, No. 08-0947 (2nd Cir.) (587 F.3d 113) (November 13, 2009) (Judge Dennis G. Jacobs) by In a civil rights action alleging that the exculpatory result of post-trial DNA testing was not timely disclosed to plaintiff, denial of defendant-prosecutors' motion for summary judgment based on absolute or …

U.S. v. Price, No. 05-30323 (9th Cir.) (566 F.3d 900) (May 21, 2009) (Judge Stephen Reinhardt)

Article • May 1, 2009 • from P&J May, 2009

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Price, No. 05-30323 (9th Cir.) (566 F.3d 900) (May 21, 2009) (Judge Stephen Reinhardt) by This case is noted for its strong affirmation of the principle that a prosecutor cannot escape his Brady obligations to disclose exculpatory information to the defense on the grounds that the information was …

U.S. v. Gasim Al-Dabbi, No. 04-1053 (8th Cir.) (388 F.3d 1145) (November 12, 2004) (Judge Roger L. Wollman)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Gasim Al-Dabbi, No. 04-1053 (8th Cir.) (388 F.3d 1145) (November 12, 2004) (Judge Roger L. Wollman) by The defendant claimed that the Government violated his due process rights under Brady v. Maryland, 272 U.S. 83 (1963) by failing to disclose before trial that it had promised financial assistance …

U.S. v. Blanco, No. 03-10390 (9th Cir.) (392 F.3d 382) (December 27, 2004) (Judge William A. Fletcher)

Article • December 1, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Failure to Disclose

U.S. v. Blanco, No. 03-10390 (9th Cir.) (392 F.3d 382) (December 27, 2004) (Judge William A. Fletcher) by After the defendant was convicted of various drug crimes, he appealed, arguing that the government failed to disclose material impeachment evidence in violation of Brady v. Maryland, 272 U.S. 83 (1963) and …

U.S. v. Owens, No. 86-877 (U.S. Supreme Court) (484 U.S. 554; 108 S.Ct. 838) (February 23, 1988) (Justice Scalia)

Article • May 17, 2003

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Owens, No. 86-877 (U.S. Supreme Court) (484 U.S. 554; 108 S.Ct. 838) (February 23, 1988) (Justice Scalia) by The defendant in this case, who was already incarcerated, was accused of attacking a correctional counselor and brutally beating him with a metal pipe. The correctional counselor suffered a fractured …

California v. Green, No. 387 (U.S. Supreme Court) (399 U.S. 149; 90 S.Ct. 1930) (June 23, 1970) (Justice White)

Article • July 27, 2002

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

California v. Green, No. 387 (U.S. Supreme Court) (399 U.S. 149; 90 S.Ct. 1930) (June 23, 1970) (Justice White) by The respondent in this case, John Anthony Green, was convicted of furnishing marihuana to a minor in violation of California law, chiefly on the basis of evidence consisting of prior …

U.S. v. Torrez-Ortega, No. 97-8094 (10th Cir.) (184 F.3d 1128) (July 1, 1999) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Torrez-Ortega, No. 97-8094 (10th Cir.) (184 F.3d 1128) (July 1, 1999) (Judge Carlos Lucero) by here the Court held that a witness who asserts an illegitimate claim of privilege and refuses to answer questions at trial is not sufficiently "available" for cross-examination to satisfy the requirements of the …

U.S. v. Salerno, No. 91-872 (U.S. Supreme Court) (505 U.S. 317; 112 S.Ct. 2503) (June 19, 1992) (Justice Thomas)

Article • January 3, 1999

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Salerno, No. 91-872 (U.S. Supreme Court) (505 U.S. 317; 112 S.Ct. 2503) (June 19, 1992) (Justice Thomas) by Case held that former testimony may not be introduced under Rule 804(b)(1) without a showing of "similar motive"; and noted that nothing suggests that a court may admit former testimony …

U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin)

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

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin) by In the case the Court agreed that it had been improper for the district court to allow the use of the defendant's prior out-of-court statements under Rule 801(d)(1)(B). The Government had argued, …

U.S. v. Omar, No. 95-1271 (1st Cir.) (104 F.3d 519) (January 23, 1998) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Omar, No. 95-1271 (1st Cir.) (104 F.3d 519) (January 23, 1998) (Judge Michael Boudin) by Case held that grand jury testimony of witness who had died prior to trial was not admissible under Rule 804(b)(1) as "former testimony". Here the Court observed: "Turning to Rule 804(b)(1), we think …