Zablocki v. Redhail
Brief

CitationZablocki v. Redhail, 434 U.S. 374, 98 S. Ct. 673, 54 L. Ed. 2d 618, 1978 U.S. LEXIS 57, 24 Fed. R. Serv. 2d (Callaghan) 1313 (U.S. Jan. 18, 1978) Brief Fact Summary. A Wisconsin Statute forced individuals to receive court permission in order to marry if they have a minor issue not in their custody which they are obligated to pay support for. Appellant was unable to receive court permission under the statute and brought suit on behalf of all residents similarly situated. Synopsis of Rule of Law. If a statute significantly interferes with the exercise of a fundamental constitutional r ...

Planned Parenthood of Southeastern Pennsylvania v. Casey
Brief

CitationPlanned Parenthood v. Casey, 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674, 1992 U.S. LEXIS 4751, 60 U.S.L.W. 4795, 92 Daily Journal DAR 8982, 6 Fla. L. Weekly Fed. S 663 (U.S. June 29, 1992) Brief Fact Summary. A Pennsylvania statute required notification of the husband or various other stringent notifications prior to permitting an abortion Synopsis of Rule of Law. Requiring spousal notification prior to an abortion is unduly burdensome and unconstitutional. Requiring parental notification in the case of minors is constitutional so long as there is a medical emergency exception ...

Bowers v. Hardwick
Brief

CitationBowers v. Hardwick, 478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140, 1986 U.S. LEXIS 123, 54 U.S.L.W. 4919 (U.S. June 30, 1986) Brief Fact Summary. Respondent was charged for committing sodomy after he engaged in the act with another adult male in respondent’s home. Respondent claimed that his status as a homosexual placed him in imminent danger of arrest. Synopsis of Rule of Law. The right to engage in sodomy in the privacy of the home is not a fundamental right protected by the United States Constitution. ...

People v. Roder
Brief

CitationPeople v. Roder, 33 Cal. 3d 491, 658 P.2d 1302, 189 Cal. Rptr. 501, 1983 Cal. LEXIS 157 (Cal. Feb. 22, 1983) Brief Fact Summary. The defendants, Robert Earl Roder and Betty Rayfield (the “defendants”) were prosecuted for receiving stolen property. The defendants owned a second hand store, and the police found numerous stolen items after executing a search warrant. Synopsis of Rule of Law. The prosecution always bears the burden of proof in criminal cases. ...

Meyers v. United States
Brief

CitationMeyers v. United States, 171 F.2d 800, 1948 U.S. App. LEXIS 3202, 84 U.S. App. D.C. 101, 11 A.L.R.2d 1 (D.C. Cir. Nov. 8, 1948) Brief Fact Summary. The defendant, Meyers (the “defendant”), convicted of three counts of suborning perjury regarding his testimony to a Senate subcommittee, challenged his conviction by arguing the trial court used evidence that should have been excluded by the best evidence rule. Synopsis of Rule of Law. In federal courts, the best evidence rule is limited to cases where the contents of a writing are to be proved; such writings are not the only ...

United States v. Reynolds
Brief

CitationUnited States v. Reynolds, 345 U.S. 1, 73 S. Ct. 528, 97 L. Ed. 727, 1953 U.S. LEXIS 2329, 32 A.L.R.2d 382 (U.S. Mar. 9, 1953) Brief Fact Summary. Defending against a wrongful death claim arising out of a test flight, the Air Force refused to turn over documents from the flight citing national security privilege. The Supreme Court of the United States (“Supreme Court”) upheld the Air Force’s right to claim privilege. Synopsis of Rule of Law. The government can assert privileges against discovery on the basis of national security if the privilege claim is appropriat ...

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 ...

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 ...

Johnson v. Elk Lake School District
Brief

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 ...

United States v. Oates
Brief

Citation528 U.S. 890 Brief Fact Summary. The defendant, Oates (the “defendant”), in a criminal case was charged with possession of heroin with the intent to distribute. The defendant argued that evidence should be suppressed, and that a chemist report should not have been admitted into evidence. Synopsis of Rule of Law. Records prepared by law enforcement personnel are not only not admissible under Federal Rule of Evidence (“FRE”) Rule 803(8)(B), but they also are not admissible under alternative hearsay exception FRE Rule 803(6). ...

Yates v. Bair Transport, Inc
Brief

Citation249 F. Supp. 681, 1965 U.S. Dist. Brief Fact Summary. Before proceeding to trial, the parties involved in the case requested a decision on the admissibility of medical and police records. Synopsis of Rule of Law. Business records will fall under the business records hearsay exception if there are factors, other than simply labeling the records as business records, regarding the preparation and purpose of the records that heighten the degree of trustworthiness. ...

Adkins v. Brett
Brief

Citation184 Cal. 252, 193 P. 251, 1920 Cal. Brief Fact Summary. A husband sued his wife’s lover for alienating her from him. Synopsis of Rule of Law. Federal Rule of Evidence (“F.R.E.”) Rule 803(3) says a statement of the declarant’s then existing . . .state of mind, emotion . . ., but not including a statement of memory or belief can be used to prove the fact remembered or believed unless it relates to the execution , revocation, identification, or terms of declarant’s will. When the intention, feelings or other mental state of a certain person at a particula ...

Sabel v. Mead Johnson & Co
Brief

CitationSabel v. Mead Johnson & Co., 737 F. Supp. 135, 1990 U.S. Dist. LEXIS 5830, 31 Fed. R. Evid. Serv. (Callaghan) 67 (D. Mass. May 14, 1990) Brief Fact Summary. The plaintiff, Sabel (“plaintiff”), sued the defendant, Mead Johnson & Co. pharmaceutical company (“defendant”), after the antidepressant drug Desyrel allegedly caused a priapism, requiring surgery and leaving him impotent. Synopsis of Rule of Law. Special care must be taken in applying exceptions to the hearsay rule, especially when the risk of unfair prejudice substantially outweighs the releva ...

Meyers v. United States
Brief

CitationMeyers v. United States, 171 F.2d 800, 1948 U.S. App. LEXIS 3202, 84 U.S. App. D.C. 101, 11 A.L.R.2d 1 (D.C. Cir. Nov. 8, 1948) Brief Fact Summary. The defendant, Meyers (the “defendant”), convicted of three counts of suborning perjury regarding his testimony to a Senate subcommittee, challenged his conviction by arguing the trial court used evidence that should have been excluded by the best evidence rule. Synopsis of Rule of Law. In federal courts, the best evidence rule is limited to cases where the contents of a writing are to be proved; such writings are not the on ...

United States v. Gould
Brief

CitationUnited States v. Gould (In re Gould), 401 B.R. 415, 2009 Bankr. LEXIS 351, Bankr. L. Rep. (CCH) P81,445, 61 Collier Bankr. Cas. 2d (MB) 1025, 2009-1 U.S. Tax Cas. (CCH) P50,253, 103 A.F.T.R.2d (RIA) 1026 (B.A.P. 9th Cir. Feb. 11, 2009) Brief Fact Summary. Defendants were convicted of importing and conspiracy to import drugs after attempting to smuggle cocaine into the United States in hollowed-out shoes. Synopsis of Rule of Law. Federal Rule of Evidence 201(g) which provides that in criminal cases, the court shall instruct the jury that it may, but is not required to, accept as concl ...

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 ...

Idaho v. Wright
Brief

CitationIdaho v. Wright, 497 U.S. 805, 110 S. Ct. 3139, 111 L. Ed. 2d 638, 1990 U.S. LEXIS 3461, 58 U.S.L.W. 5036, 30 Fed. R. Evid. Serv. (Callaghan) 24 (U.S. June 27, 1990) Brief Fact Summary. Laura Lee Wright (Respondent) was convicted by a jury of lewd conduct with her two daughters. She appealed that decision to the Idaho Supreme Court, asserting that her rights under the Confrontation Clause of the 6th amendment were violated by the trial court’s admission of certain hearsay statements. The Idaho Supreme Court reversed, agreeing that Respondent’s Confrontation Clause right ...

United States v. Oates
Brief

CitationUnited States v. Oates, 560 F.2d 45, 1977 U.S. App. LEXIS 13091, 1 Fed. R. Evid. Serv. (Callaghan) 718 (2d Cir. N.Y. June 3, 1977) Brief Fact Summary. The defendant, Oates (the “defendant”), in a criminal case was charged with possession of heroin with the intent to distribute. The defendant argued that evidence should be suppressed, and that a chemist report should not have been admitted into evidence. Synopsis of Rule of Law. Records prepared by law enforcement personnel are not only not admissible under Federal Rule of Evidence (“FRE”) Rule 803(8)(B), but ...

Blake v. State
Brief

CitationBlake v. State, 272 Ga. App. 181, 612 S.E.2d 33, 2005 Ga. App. LEXIS 241, 2005 Fulton County D. Rep. 899 (Ga. Ct. App. Mar. 14, 2005) Brief Fact Summary. Defendant, David Blake, was convicted of sexually assaulting his sixteen year old stepdaughter. At issue in the trial was whether the victim’s doctor could testify to the victim’s identification of Defendant as the assailant during a medical exam. Synopsis of Rule of Law. Statements of identification in child abuse cases are often admissible as an exception to the hearsay rule under the medical statements exception. ...

Tome v. United States
Brief

CitationTome v. United States, 513 U.S. 150, 115 S. Ct. 696, 130 L. Ed. 2d 574, 1995 U.S. LEXIS 469, 63 U.S.L.W. 4046, 40 Fed. R. Evid. Serv. (Callaghan) 1201, 95 Cal. Daily Op. Service 249, 95 Daily Journal DAR 425, 8 Fla. L. Weekly Fed. S 503 (U.S. Jan. 10, 1995) 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 mo ...

Fisher v. U.S
Brief

CitationFisher v. United States, 2010 U.S. LEXIS 6422, 562 U.S. 831, 131 S. Ct. 103, 178 L. Ed. 2d 30, 79 U.S.L.W. 3196 (U.S. Oct. 4, 2010) Brief Fact Summary. Two taxpayers, Mr. Kasmir and Mr. Fisher (taxpayers) were visited by two Internal Revenue Service (IRS) agents and interviewed in connection with two separate investigations into possible violations of federal tax laws; following the interviews, each taxpayer obtained documents from his accountant and turned the documents over to his attorney. When the IRS issued summonses seeking the documents, the attorneys refused to comply, after ...

U.S. v. Hubbell
Brief

CitationUnited States v. Hubbell, 530 U.S. 27, 120 S. Ct. 2037, 147 L. Ed. 2d 24, 2000 U.S. LEXIS 3768, 68 U.S.L.W. 4449, 2000-1 U.S. Tax Cas. (CCH) P50,499, 2000 Cal. Daily Op. Service 4354, 2000 Daily Journal DAR 5845, 2000 Colo. J. C.A.R. 3116, 13 Fla. L. Weekly Fed. S 382 (U.S. June 5, 2000) Brief Fact Summary. Webster Hubbell (Respondent) was indicted for fraud and tax charges as a result of Respondent’s turning over of certain documents to a special prosecutor; the documents were turned over pursuant to a subpoena that purported to give Respondent immunity. Originally, Responden ...

In re Osterhoudt
Brief

CitationIn re Osterhoudt, 722 F.2d 591, 1983 U.S. App. LEXIS 14045, 84-1 U.S. Tax Cas. (CCH) P9132, 53 A.F.T.R.2d (RIA) 547, 14 Fed. R. Evid. Serv. (Callaghan) 1390 (9th Cir. Cal. Dec. 30, 1983) Brief Fact Summary. The government issued a grand jury subpoena to the attorney of William Lathan Osterhoudt (Movant-Appellant), seeking informal disclosure of the amount, form, and date of legal fees paid by Movant-Appellant to his attorney. Movant-Appellant filed a motion to quash the subpoena, which was denied by the lower court. Movant-Appellant appeals that denial here. Synopsis of Rule of Law ...

State v. Batangan
Brief

CitationState v. Batangan, 71 Haw. 552, 799 P.2d 48, 1990 Haw. LEXIS 56 (Haw. Sept. 27, 1990) Brief Fact Summary. Felomino Batangan (Defendant) was indicted for second degree rape and first degree sexual abuse, after his daughter (Victim) accused him of having sexual contact with her. Defendant was tried twice; at the first trial, he was acquitted of the rape charge and a mistrial was declared on the sexual abuse charge, but at the second trial Defendant was convicted of sexual abuse. Defendant appeals his conviction here, arguing that the admission of certain expert testimony was improper ...

U.S. v. Hines
Brief

CitationU.S.A. v. Hines, 665 F.2d 352, 1981 U.S. App. LEXIS 15955 (11th Cir. Nov. 17, 1981) Brief Fact Summary. Johanna Hines (Defendant) was charged with robbing a bank in Massachusetts. At trial, the prosecution sought to have admitted into evidence the expert testimony of Diana Harrison (Harrison), a handwriting expert, to analyze the robbery note; Defendant sought to have the same excluded. Defendant sought to introduce expert testimony of Dr. Saul Kassin (Dr. Kassin), a psychologist who is qualified as an eyewitness identification expert; the prosecution sought to have Dr. Kassin̵ ...