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CitationDavidson v. Prince, 813 P.2d 1225, 1991 Utah App. LEXIS 86, 163 Utah Adv. Rep. 58 (Utah Ct. App. June 18, 1991) Brief Fact Summary. The Appellant, Davidson (the “Appellant”), was injured after being attacked by a steer which had escaped from an overturned truck owned by the Appellee, Folkens Brothers Trucking (“Folkens”) and driven by the Appellee, Prince (the “Appellees”). Synopsis of Rule of Law. Utah Rules of Evidence (U.R.E.) Rule 704 prohibits expert testimony as to whether a person is negligent because that opinion requires a legal conclusi ...

CitationSimon v. Kennebunkport, 417 A.2d 982, 1980 Me. LEXIS 627, 21 A.L.R.4th 465 (Me. 1980) Brief Fact Summary. The Appellant, Irene Simon (the “Appellant”), fell and broke her hip on a sidewalk in the Appellee town, Kennebunkport (the “Appellee”). The Appellant sued the Appellee, alleging the sidewalk was defective. The Appellant attempted to offer evidence of prior falls at the same location, but the trial court did not allow it. Synopsis of Rule of Law. Other incidents similar to the one causing injury may be admissible as long as the probative value outweigh ...

CitationTuer v. McDonald, 347 Md. 507, 701 A.2d 1101, 1997 Md. LEXIS 554 (Md. Nov. 7, 1997) Brief Fact Summary. The Appellant, Eugene Tuer’s (“Mr. Tuer”) husband (the “Appellant”), died while awaiting heart surgery. Mr. Tuer’s surgery was delayed when the Appelleess, Dr. McDonald and others (the “Appelleess”), Mr. Tuer’s treating physician, was called to an emergency surgery. While awaiting surgery, Mr. Tuer died because he had not received a dose of Heparin, a coagulant which had been discontinued in anticipation of surgery. Synopsis ...

CitationUnited States v. Platero, 2014 CAAF LEXIS 1239 (C.A.A.F. Dec. 29, 2014) Brief Fact Summary. The defendant, Platero (the “defendant”), was convicted of three counts of sexual assault. The defendant was accused of raping the victim after pulling her and her co-worker over while pretending he was a police officer. The defendant claimed the sex was consensual and she made up the sexual assault allegations to protect her relationship with another individual. Synopsis of Rule of Law. When a question of relevancy depends on a condition of fact, that question should be deter ...

CitationJohnson v. Elk Lake Sch. Dist., 283 F.3d 138, 2002 U.S. App. LEXIS 3327 (3d Cir. Pa. Mar. 1, 2002) Brief Fact Summary. The plaintiff, Betsy Sue Johnson (the “plaintiff”), sued her high school counselor and the school’s Administration, alleging the counselor sexually abused and harassed her over a two year period. She claims the counselor sent her suggestive notes and letters, attempted to hug and kiss her, and fondled her. Synopsis of Rule of Law. Federal Rules of Evidence (“F.R.E.”) Rule 415 allows evidence of past sexual assaults to be introduced in ...

CitationState v. Cassidy, 22 Minn. 312, 1875 Minn. LEXIS 86 (Minn. 1875) Brief Fact Summary. The victim claimed sexual assault by the defendant. The parties had previously engaged in consensual sex, but on the night in question, the victim claimed she was assaulted and the defendant claimed it was consensual. The defendant attempted to offer a prior instance of sexual conduct between the victim and another man, which was not allowed by the trial court. Synopsis of Rule of Law. Evidence of a victim’s prior sexual conduct is not admissible unless excluding it violates the defendant&# ...

CitationOlden v. Kentucky, 488 U.S. 227, 109 S. Ct. 480, 102 L. Ed. 2d 513, 1988 U.S. LEXIS 5621, 57 U.S.L.W. 3410 (U.S. Dec. 12, 1988) Brief Fact Summary. The Petitioner, James Olden (the “Petitioner”), a black man, was convicted of forcible sodomy of a white woman. The Petitioner maintained the sex was consensual, and the victim gave several different accounts of the alleged sexual assault. The victim testified that she was living with her mother at the time of the trial, and the Petitioner sought to introduce evidence that she was living with the only witness who corroborat ...

CitationHalloran v. Virginia Chemicals, Inc., 361 N.E.2d 991, 41 N.Y.2d 386, 393 N.Y.S.2d 341, 1977 N.Y. LEXIS 1850 (N.Y. 1977) Brief Fact Summary. The plaintiff, Frank Halloran (the “plaintiff”), frequently serviced air conditioners as part of his job as an auto mechanic. On June 1, 1970, he was changing the air-conditioning compressor on a Chrysler. The plaintiff was filling the new compressor with Freon and heated one of the cans to increase the flow of the Freon, at which point the can exploded and injured him. Synopsis of Rule of Law. A party may introduce evidence of ha ...

CitationHuddleston v. U. S. Air Conditioning Corp., 1956 U.S. Dist. LEXIS 4568, 56-2 U.S. Tax Cas. (CCH) P10,076, 51 A.F.T.R. (P-H) 1505 (S.D. Tex. Sept. 22, 1956) Brief Fact Summary. The defendant, Huddleston (the “defendant”), was charged with the knowing possession of stolen videocassette tapes. The plaintiff, the United States’ Government (the “plaintiff”) introduced similar acts evidence that connected defendant to a series of sales of stolen appliances from the same store as the tapes. The plaintiff concluded that the evidence was relevant to the fact t ...

CitationPerrin v. Anderson, 784 F.2d 1040, 1986 U.S. App. LEXIS 22528, 19 Fed. R. Evid. Serv. (Callaghan) 1564 (10th Cir. Okla. Feb. 27, 1986) Brief Fact Summary. Terry Kim Perrin (“Mr. Perrin”) was shot and killed by Oklahoma state troopers. The troopers had gone to Mr. Perrin’s house to ask him questions about a traffic accident. At some point during the conversation, an altercation ensued and Mr. Perrin was killed by one of the officers. Synopsis of Rule of Law. Under Federal Rules of Evidence (“F.R.E.”) Rule 405, testimony regarding specific instances of ...

CitationUnited States v. Cunningham, 429 F.3d 673, 2005 U.S. App. LEXIS 24468 (7th Cir. Ill. Nov. 14, 2005) Brief Fact Summary. The defendant, Cunningham (the “defendant”) was a nurse who removed Demerol from syringes that were intended for patients in pain. Evidence showed that the defendant was a Demerol addict and she was charged with tampering with a consumer product and reckless disregard for the risk that another person would be placed in danger of bodily harm. Synopsis of Rule of Law. Evidence of prior conduct may be admitted to show motive, but the judge may exclude su ...

CitationTucker v. State, 82 Nev. 127, 412 P.2d 970, 1966 Nev. LEXIS 203 (Nev. 1966) Brief Fact Summary. The defendant, Tucker (the “defendant”), called the police to come over to his house stating that there was an old dead man there. When police arrived they found the defendant drinking and the body of an old man was found on the couch. Although the defendant asserted he had been asleep and found the body when he awoke, a jury convicted him of second degree murder. Synopsis of Rule of Law. Under the rule of exclusion, evidence of other offenses is excluded unless it is relev ...

CitationMichelson v. United States, 335 U.S. 469, 69 S. Ct. 213, 93 L. Ed. 168, 1948 U.S. LEXIS 2792 (U.S. Dec. 20, 1948) Brief Fact Summary. The defendant, Michelson (the “defendant”) is on trial for bribing a federal agent. The defendant admits the bribe, but claims entrapment as a defense. Synopsis of Rule of Law. A party has the right to cross-examine another parties character witnesses and inquire about past bad acts such as arrests and/or convictions. ...

CitationUnited States v. Carrillo, 16 F.3d 1046, 1994 U.S. App. LEXIS 11086, 94 Cal. Daily Op. Service 1212, 94 Daily Journal DAR 2133, 40 Fed. R. Evid. Serv. (Callaghan) 531 (9th Cir. Nev. Feb. 18, 1994) Brief Fact Summary. The defendant, Carrillo (the “defendant”), was convicted for the distribution of heroin and cocaine. The plaintiff, the United States’ Government (the “plaintiff”), was allowed to present evidence of two other previous sales by the defendant. A jury found the defendant guilty despite the defendant’s objection to the admission of the ...

CitationUnited States v. Beasley, 72 F.3d 1518, 1996 U.S. App. LEXIS 186, 43 Fed. R. Evid. Serv. (Callaghan) 723, 9 Fla. L. Weekly Fed. C 715 (11th Cir. Fla. Jan. 5, 1996) Brief Fact Summary. The defendant, Beasley (the “defendant”), was convicted of seven counts of obtaining Dilaudid with an intent to distribute, and two counts of attempting to obtain Dilaudid by misrepresenting the name of the person to appear on the prescription. Synopsis of Rule of Law. The fact that other similar bad acts came after crimes charged in an indictment does not preclude their use as part of pat ...

CitationKammer v. Young, 1988 U.S. LEXIS 4822, 488 U.S. 919, 109 S. Ct. 298, 102 L. Ed. 2d 318, 57 U.S.L.W. 3312 (U.S. Oct. 31, 1988) Brief Fact Summary. The plaintiff gave birth to a child in 1982. The defendant denies he is the father since relations with the plaintiff ended 15 months before the birth. The court admitted blood tests over the defendant’s objections and ruled in favor of the plaintiff. Synopsis of Rule of Law. Scientific methods which incorporate a factor in formulating a probability percentage of paternity from a paternity index do not deprive a putative father o ...

CitationCleghorn v. New York C. & H. R. R. Co., 56 N.Y. 44, 1874 N.Y. LEXIS 78 (N.Y. 1874) Brief Fact Summary. The plaintiff, Cleghorn (the “plaintiff”), was a passenger on a train and suffered injuries when two trains collided. Evidence showed that the defendant, New York Central & H. River Ry. Co’s employee (the “defendant”), a switchman, excessively indulged in alcoholic beverages and was intoxicated at the time of the accident. This information was known by the defendant company who had the power to hire and fire the employee. Synopsis of Rule of ...

CitationPeople v. La Mountain, 249 A.D.2d 584, 671 N.Y.S.2d 763, 1998 N.Y. App. Div. LEXIS 3568 (N.Y. App. Div. 3d Dep’t Apr. 2, 1998) Brief Fact Summary. The plaintiff was being held for arraignment in a detention cell. The defendant was a police officer who was accused of entering the cell and raping the plaintiff. The plaintiff seeks to have admitted incriminating semen evidence of the defendant that shows he is guilty. Synopsis of Rule of Law. In a prosecution for rape, proof that the defendant has the same common blood type as the man who is responsible for the crime is admiss ...