Trammel v. United States
Brief

CitationTrammel v. United States, 445 U.S. 40, 100 S. Ct. 906, 63 L. Ed. 2d 186, 1980 U.S. LEXIS 84, 5 Fed. R. Evid. Serv. (Callaghan) 737 (U.S. Feb. 27, 1980) Brief Fact Summary. The Petitioner, Otis Trammel (the “Petitioner”), and his wife, Elizabeth Trammel (“Ms. Trammel”), were involved in importing heroin into the United States from Thailand and the Philippine Islands. Ms. Trammel was arrested during one of the imports. She agreed to cooperate with Government and testify against her husband in exchange for leniency. Synopsis of Rule of Law. Federal Rules of E ...

In re Grand Jury
Brief

CitationIn re Grand Jury Proceedings, 103 F.3d 1140, 1997 U.S. App. LEXIS 312, 35 V.I. 516, 45 Fed. R. Evid. Serv. (Callaghan) 1161 (3d Cir. V.I. Jan. 9, 1997) Brief Fact Summary. The Third Circuit Court of Appeals (“Third Circuit”) considered a case from the Virgin Islands and a case from Delaware together, to decide whether a parent-child privilege should be recognized. The case from the Virgin Islands involved a grand jury seeking to force the testimony of a father against a son. The case from Delaware involved a grand jury seeking to have a daughter testify against her fat ...

Jaffee v. Redmond
Brief

CitationJaffee v. Redmond, 518 U.S. 1, 116 S. Ct. 1923, 135 L. Ed. 2d 337, 1996 U.S. LEXIS 3879, 64 U.S.L.W. 4490, 96 Cal. Daily Op. Service 4192, 96 Daily Journal DAR 6783, 44 Fed. R. Evid. Serv. (Callaghan) 1, 9 Fla. L. Weekly Fed. S 678 (U.S. June 13, 1996) Brief Fact Summary. The administrator of decedent Ricky Allen’s (“Mr. Allen”) estate filed suit alleging Mr. Allen’s constitutional rights were violated when he was killed by the Respondent, Redmond (the “Respondent”), an on-duty police officer. Synopsis of Rule of Law. Federal Rules of Evidence (& ...

Menendez v. Superior Court
Brief

CitationMenendez v. Superior Court, 3 Cal. 4th 435, 834 P.2d 786, 11 Cal. Rptr. 2d 92, 1992 Cal. LEXIS 3970, 92 Cal. Daily Op. Service 7390, 92 Daily Journal DAR 11946 (Cal. Aug. 27, 1992) Brief Fact Summary. The defendants, Joseph Lyle and Erik Galen Menendez (the “defendants”), were charged with murdering their parents in their Beverly Hills home in 1989. The defendant’s sought protection from the psychotherapist-patient privilege regarding taped sessions with their psychologist. The prosecution sought disclosure based on the dangerous patient exception to the privileg ...

United States v. Zolin
Brief

CitationUnited States v. Zolin, 809 F.2d 1411, 1987 U.S. App. LEXIS 1977, 87-1 U.S. Tax Cas. (CCH) P9234, 59 A.F.T.R.2d (RIA) 596, 22 Fed. R. Evid. Serv. (Callaghan) 763 (9th Cir. Cal. Feb. 9, 1987) Brief Fact Summary. The Internal Revenue Service (“I.R.S.”) was investigating the tax returns of L. Ron Hubbard (“Mr. Hubbard”), and sought various materials from the Church of Scientology (the “Church”) in the possession of a District Court. The Church sought continued protection of the documents based on the attorney client privilege, and the IRS claimed the ...

Prink v. Rockefeller Center Inc
Brief

CitationPrink v. Rockefeller Center, Inc., 48 N.Y.2d 309, 398 N.E.2d 517, 422 N.Y.S.2d 911, 1979 N.Y. LEXIS 2401 (N.Y. 1979) Brief Fact Summary. The plaintiff, administratrix of her husband’s estate (the “plaintiff’), filed a wrongful death lawsuit against the owners and architects of her husband’s office building, the defendants, Rockefeller Center Inc. and others (the “defendants”), after plaintiff’s husband fell from the 36th floor. The defendants sought to introduce evidence of the decedent’s mental capacity in order to show that he may h ...

Clark v. State
Brief

CitationClark v. State, 296 Ga. 543, 769 S.E.2d 376, 2015 Ga. LEXIS 128 (Ga. Feb. 16, 2015) Brief Fact Summary. The Appellant, Clark (the “Appellant”), was convicted of murder and sentenced to death for shooting his ex-wife with a .38 caliber revolver. The victim was killed in her bed at home. Synopsis of Rule of Law. Evidence relevant to an issue may be admissible over attorney client privilege even if it was obtained through eavesdropping by a third party. ...

Upjohn Co. et al. v. United States et al
Brief

CitationUpjohn Co. v. United States, 449 U.S. 383, 101 S. Ct. 677, 66 L. Ed. 2d 584, 1981 U.S. LEXIS 56, 49 U.S.L.W. 4093, 81-1 U.S. Tax Cas. (CCH) P9138, 1980-81 Trade Cas. (CCH) P63,797, Fed. Sec. L. Rep. (CCH) P97,817, 47 A.F.T.R.2d (RIA) 523, 30 Fed. R. Serv. 2d (Callaghan) 1101 (U.S. Jan. 13, 1981) Brief Fact Summary. Defendant company sent out questionnaires and conducted interviews to determine the extent of questionable payments by foreign subsidiaries to foreign officials. The Internal Revenue Service (IRS) submitted a summons for that work product. Synopsis of Rule of Law. Work pr ...

City and County of San Francisco v. The Superior Court of the City and County of San Francisco
Brief

CitationCity and County of San Francisco v. Superior Court, 57 Cal. App. 3d 44, 128 Cal. Rptr. 712, 1976 Cal. App. LEXIS 1428 (Cal. App. 1st Dist. Apr. 5, 1976) Brief Fact Summary. James Hession brought suit against Synopsis of Rule of Law. A physicians examination in preparation for a trial is protected under an attorney-client privilege but not a physician-patient privilege. ...

United States v. Abel
Brief

CitationUnited States v. Abel, 469 U.S. 45, 105 S. Ct. 465, 83 L. Ed. 2d 450, 1984 U.S. LEXIS 164, 53 U.S.L.W. 4009 (U.S. Dec. 10, 1984) Brief Fact Summary. Respondent, John Abel, was charged with robbing a bank with two other men. In order to discredit Respondent’s witness, the prosecution offered testimony that he and the witness were part of a prison gang that promoted perjury on the behalf of fellow gang members. Synopsis of Rule of Law. Evidence that is probative to the bias of a witness can be admissible even if it is prejudicial. ...

United States v. Donald L. Woodruff
Brief

CitationUnited States v. Woodruff, 383 F. Supp. 696, 1974 U.S. Dist. LEXIS 5935 (E.D. Pa. Nov. 6, 1974) Brief Fact Summary. Defendant, Donald L. Woodruff, did not appear for a set court date. Plaintiff, The United States government, moved to question Defendant’s counsel to determine if Defendant could be indicted for jumping bail. Synopsis of Rule of Law. A party’s counsel can be compelled to disclose whether counsel advised his client as to the time and place of the trial. ...

Oliver J. Coles v. Chester A. Harsch
Brief

CitationColes v. Harsch, 129 Ore. 11, 276 P. 248, 1929 Ore. LEXIS 99 (Or. 1929) Brief Fact Summary. Defendant, Oliver J. Coles, married the former wife of Plaintiff, Chester Harsch. Plaintiff sued Defendant for alienating the affections of his wife. Synopsis of Rule of Law. A series of small evidentiary violations can amount to a retrial. ...

Tome v. United States
Brief

CitationTome v. United States, 2010 U.S. LEXIS 9100, 562 U.S. 1075, 131 S. Ct. 674, 178 L. Ed. 2d 502, 79 U.S.L.W. 3328 (U.S. Nov. 29, 2010) Brief Fact Summary. The Petitioner, Tome (the “Petitioner”), was charged with felony sexual abuse of a child, his own four-year-old daughter. Synopsis of Rule of Law. “[T]he introduction of a declarant’s consistent out-of-court statements to rebut a charge of recent fabrication or improper influence or motive [are admissible] only when those statements were made before the charged recent fabrication or improper influence or mot ...

United States v. Joanne Lindstrom, Dennis Slater
Brief

CitationUnited States v. Lindstrom, 698 F.2d 1154, 1983 U.S. App. LEXIS 30323 (11th Cir. Fla. Feb. 22, 1983) Brief Fact Summary. Defendants, Joanne Lindstrom and Dennis Slater, were convicted of mail fraud and conspiracy to commit mail fraud after they manipulated billings and treatment for a therapy company that they owned. Synopsis of Rule of Law. A defendant has to prove that a delay in bringing an indictment was deliberate and prejudicial, but a court can not restrict a defendant’s right to cross-examine witnesses for the purposes of impeachment. ...

Luce v. United States
Brief

CitationLuce v. United States, 469 U.S. 38, 105 S. Ct. 460, 83 L. Ed. 2d 443, 1984 U.S. LEXIS 163, 53 U.S.L.W. 4007, 16 Fed. R. Evid. Serv. (Callaghan) 833 (U.S. Dec. 10, 1984) Brief Fact Summary. Petitioner was indicted on charges of conspiracy and possession of cocaine with intent to distribute in violation of a federal statute. During his trial, Petitioner moved to preclude the Government from using a previous State conviction to impeach him if he testified, even though the petitioner never made a commitment to testify and never proffered to the court what his testimony would be. After ...

United States v. Brackeen
Brief

CitationUnited States v. Brackeen, 2011 U.S. Dist. LEXIS 51090 (N.D. Tex. May 10, 2011) Brief Fact Summary. Defendant was charged with three bank robberies. The court convened en banc to determine whether bank robbery necessarily involves “dishonesty” as that term is used in the Federal Rules of Evidence 609(a)(2). The court concluded for bank robbery is not per se a crime of “dishonesty.” Synopsis of Rule of Law. The crime of bank robbery does not fit within the definition of “dishonesty” because it is a crime of violent, not a deceitful, taking. ...

United States v. Sanders
Brief

CitationUnited States v. Sanders, 247 F.3d 139, 2001 U.S. App. LEXIS 6258 (4th Cir. N.C. Apr. 13, 2001) Brief Fact Summary. Sanders filed in limine motions to prohibit the government from questioning him about prior crimes for which he was acquitted and about his prior assault and contraband convictions for those offenses. When the jury in the first trial convicted Sanders of possession of the shank but could not reach a verdict for assault, a second trial was conducted in which Sanders was convicted of assault. Sanders appealed and argued the court abused its discretion by admitting evide ...

United States v. Wong
Brief

CitationUnited States v. Wong, 40 F.3d 1347, 1994 U.S. App. LEXIS 31286 (2d Cir. N.Y. Nov. 8, 1994) Summary. Defendant was charged with violating the mail fraud statute and the Racketeer Influenced and Corrupt Organizations Act. The district court’s ruling, which stated the probative value of prior convictions did not outweigh their prejudicial effect, was affirmed by the Court of Appeals. Synopsis of Rule of Law. A judge has no discretion to prohibit to impeachment of the credibility of a witness by questions concerning crimes involving dishonesty or false statements. ...

United States v. Drake
Brief

CitationUnited States v. Drake, 543 F.3d 1080, 2008 U.S. App. LEXIS 19555 (9th Cir. Sept. 15, 2008) Brief Fact Summary. Drake and a co-defendant were tried before a jury on six counts of wire fraud under 18 U.S. C. Section 1343. The trial court declared a mistrial concerning the co-defendant, and the trial court returned a guilty verdict on all counts as to Drake. Drake appealed his conviction on the grounds that: 1. the verdict of the jury was not supported by the evidence presented, 2. the trial court improperly permitted prejudicial cross-examination of him. Synopsis of Rule of Law. Cr ...

United States v. Saada
Brief

CitationUnited States v. Saada, 212 F.3d 210, 2000 U.S. App. LEXIS 10383, 53 Fed. R. Evid. Serv. (Callaghan) 1377 (3d Cir. N.J. May 15, 2000) Brief Fact Summary. Appellants owned and operated a business and faced significant financial difficulties. As a result, Appellants arranged an insurance fraud scheme which involved a portion of their warehouse to be damaged so that funds received by an insurance company could be used to recoup financial losses. The Court of Appeals affirmed the trial court’s convictions of the defendants for, conspiracy to defraud an insurance company, mail fraud ...

United States v. Copelin
Brief

CitationUnited States v. Copelin, 996 F.2d 379, 1993 U.S. App. LEXIS 15258, 302 U.S. App. D.C. 113, 37 Fed. R. Evid. Serv. (Callaghan) 1189 (D.C. Cir. June 25, 1993) Brief Fact Summary. Copelin was arrested after he sold drugs to an undercover police officer. He was charged with unlawful distribution and possession with intent to distribute, and was subsequently convicted of the distribution charge, but was acquitted of the possession charge. Synopsis of Rule of Law. Evidence of prior bad acts is allowable for impeachment purposes. ...

United States v . Owens
Brief

CitationUnited States v. Owens, 484 U.S. 554, 108 S. Ct. 838, 98 L. Ed. 2d 951, 1988 U.S. LEXIS 940, 56 U.S.L.W. 4160 (U.S. Feb. 23, 1988) Brief Fact Summary. The Appellant, Owens (the “Appellant”), a chief warrant officer two, was accused of murdering his wife and possession of an unregistered handgun. He was tried by a military tribunal and was convicted of unpremeditated murder and possession of unregistered handgun. Synopsis of Rule of Law. Military Rules of Evidence 607 and 608 allow testimony to be elicited from the Appellant regarding prior bad acts of intentional fals ...

United States v. Hogan
Brief

CitationUnited States v. Hogan, 712 F.2d 757, 1983 U.S. App. LEXIS 26296 (2d Cir. Conn. June 28, 1983) Brief Fact Summary. The Hogan brothers were arrested and charged with importing marijuana and possession with intent to distribute. Their pilot, Mark Carpenter (“Mr. Carpenter”), was arrested in Mexico and taken into custody in Mexico. A few days after Carpenter’s arrest, he gave statements to a Drug Enforcement Agency (“DEA”) official that implicated the Hogan brothers and himself in a conspiracy to import drugs. Synopsis of Rule of Law. A witness cannot b ...

State v. Oswalt
Brief

CitationState v. Oswalt, 72 Kan. 84, 82 P. 586, 1905 Kan. LEXIS 313 (Kan. 1905) Brief Fact Summary. On July 14, 1961, two armed men entered a residence, held several people in the home, and took another man to a retail store. The man was forced to open the safe and give the money to the intruders. Synopsis of Rule of Law. A witness cannot be impeached on matters which are collateral to the issue being tried. ...

Ando v. Woodberry
Brief

CitationAndo v. Woodberry, 8 N.Y.2d 165, 168 N.E.2d 520, 203 N.Y.S.2d 74, 1960 N.Y. LEXIS 1060 (N.Y. 1960) Brief Fact Summary. Ando, a New York City police officer, was injured when a vehicle driven by Nichols struck the officer’s motorcycle, while Nichols was attempting to turn left. Synopsis of Rule of Law. Generally, all facts with rational probative value are admissible unless some specific rule prohibits it. ...