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 ...
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Idaho v. Wright
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 righ ...
Mattox v. U.S
CitationMattox v. Disciplinary Panel, U.S. Dist. Court, 1988 U.S. App. LEXIS 18860, 862 F.2d 876 (10th Cir. Colo. Sept. 19, 1988) Brief Fact Summary. John Mullen (Victim) was killed, and Mr. Mattox (Appellant) was convicted of his murder; that conviction was set aside and a second trial held. At the second trial, the lower court allowed into evidence a court reporter’s notes that recorded the testimony of prosecution witnesses in the first trial who had since died, and disallowed Appellant to introduce, as impeachment evidence, testimony that the deceased witness had made statements ...
Tome v. United States
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 ...
Stephens v. Miller
CitationStephens v. Miller, 2009 U.S. LEXIS 3749, 556 U.S. 1241, 129 S. Ct. 2388, 173 L. Ed. 2d 1302, 77 U.S.L.W. 3633 (U.S. May 18, 2009) Brief Fact Summary. Lonnie K. Stephens (Appellant) was convicted of attempted rape following intercourse with Melissa Wilburn (Victim); Appellant claimed the sex was consensual and Victim denies it was. Appellant now appeals his conviction and the denial of his petition for writ of habeas corpus based on the lower court’s exclusion of statements made by Appellant in an offer of proof. Synopsis of Rule of Law. When applying state rape shield statute ...
White v. McBride
CitationWhite v. McBride, 937 S.W.2d 796, 1996 Tenn. LEXIS 526 (Tenn. Sept. 3, 1996) Brief Fact Summary. Plaintiff probate attorney is seeking to enforce the contingency fee agreement made with his client before his death on the theory of quantum meruit. Synopsis of Rule of Law. The theory of quantum meruit may not be used to enforce a clearly excessive fee. ...
Securities Investor Protection Corp. (SIPC) v. Vigman
CitationSecurities Investor Protection Corp. v. Vigman, 587 F. Supp. 1358, 1984 U.S. Dist. LEXIS 16266, Fed. Sec. L. Rep. (CCH) P91,549 (C.D. Cal. May 30, 1984) Brief Fact Summary. Defendants move to dismiss Plaintiff’s counsel due to their work on related proceedings while employed by the Securities and Exchange Commission (SEC). Synopsis of Rule of Law. Under Rule 1.11, former government attorneys may not be allowed to accept private employment in cases in which they had “substantial responsibility” while a public employee unless the appropriate agency consents after cons ...
Cuyler v. Sullivan
CitationCuyler v. Sullivan, 1984 U.S. LEXIS 1681, 466 U.S. 920, 104 S. Ct. 1700, 80 L. Ed. 2d 173, 52 U.S.L.W. 3720 (U.S. Apr. 2, 1984) Brief Fact Summary. Respondent challenges his murder conviction on the grounds that his counsel’s representation of his co-defendants presented an unacceptable conflict of interests that denied him effective assistance of counsel. Synopsis of Rule of Law. Defendants alleging a conflict of interest in cases in which multiple defendants are being represented by the same attorney in the same matter must demonstrate an “actual conflict” that &# ...
Fiandaca v. Cunningham
CitationFiandaca v. Cunningham, 827 F.2d 825, 1987 U.S. App. LEXIS 11259, 8 Fed. R. Serv. 3d (Callaghan) 858 (1st Cir. N.H. Aug. 25, 1987) Brief Fact Summary. Appellants are requesting that a legal services organization be removed from a case in which the interests of two different classes of plaintiffs that it represents are directly opposed. Synopsis of Rule of Law. Conflicts of interest so serious as to be deemed “unresolvable.” ...
In Re Columbia/HCA Healthcare Corp. Billing Practices Litigation
CitationIn re Columbia/HCA Healthcare Corp. Billing Practices Litig., 93 F. Supp. 2d 876, 2000 U.S. Dist. LEXIS 4998 (M.D. Tenn. Apr. 3, 2000) Brief Fact Summary. Defendants, a health care consortium previously forced to settle with the Department of Justice in a health care fraud investigation, are challenging Plaintiffs’ attempt to obtain internal audits that Defendant had previously shared with the government in the course of its investigation, arguing that these documents are still privileged. Synopsis of Rule of Law. Any disclosure of privileged information will constitute a waive ...
Balla v. Gambro, Inc
CitationBalla v. Gambro, Inc., 145 Ill. 2d 492, 584 N.E.2d 104, 1991 Ill. LEXIS 125, 164 Ill. Dec. 892, 16 A.L.R.5th 1000, 7 I.E.R. Cas. (BNA) 1 (Ill. Dec. 19, 1991) Brief Fact Summary. Plaintiff, working as in-house counsel for Defendant, became aware of Defendant’s intent to market non-compliant medical equipment and was fired shortly after advising Defendant that he could not allow this action. Synopsis of Rule of Law. Rule 1.6(b) of the Rules of Professional Conduct mandates that an attorney has an ethical duty to disclose dangerous public policy violations once he becomes aware of ...
Fisher v. United States
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. The Court considers two cases in which defendants attempted to claim privileged status under the attorney-client privilege and the Fifth Amendment for various financial records and documents delivered to attorneys in anticipation of IRS action. Synopsis of Rule of Law. The Fifth Amendment and the attorney-client privilege do not protect incriminating evidence that is not testimonial or disclosed to an attorney in anticipating of litig ...
In re Enron [Part Two: Primary Liability]
Citation235 F. Supp. 2d 549,2002 U.S. Dist. Brief Fact Summary. In this stage of the Enron opinion, the 10th Circuit narrows down the “substantial participation or intricate involvement” test in an attempt to determine which parties should be held as primary violators and which should be classified merely as secondary actors. Synopsis of Rule of Law. The 10th Circuit’s “substantial participation or intricate involvement” test may allow secondary parties to be held liable as primary violators in securities actions if they knowingly assisted in a misrepresentation ...
Klein v. Boyd
CitationKlein v. Boyd, 949 F. Supp. 280, 1996 U.S. Dist. LEXIS 10363 (E.D. Pa. July 17, 1996) Brief Fact Summary. Following the failure of a limited partnership, four investors in the partnership are bringing suit against the partnership’s law firm, asserting violations of Section:10b-5 and RICO as well as fraud for the firm’s part in knowingly omitting key facts about the partnership. Synopsis of Rule of Law. Lawyers may become primary violators in securities cases if they knowingly assisted in the creation of false or misleading documents which they knew would be relied upon by ...
State v. Beaudry
Citation123 Wis. 2d 40,365 N.W.2d 593, 1985 Wisc. Brief Fact Summary. Defendant was convicted selling liquor after hours at a tavern that she was the registered agent of. Defendant argues that her employee was not acting within the scope of his employment or alternatively that the statute did not intend for vicarious criminal liability to attach. Synopsis of Rule of Law. Unless criminal liability is imposed on the designated agent, a natural person could avoid liability by simply incorporating a business. ...
United States v. Bryan
Citation1483 F.2d 88,1973 U.S. App. Brief Fact Summary. The Defendant, Bryan (Defendant), was convicted of aiding and abetting in stealing liquor, while his companion was acquitted of all charges. The Defendant alleged that because the principal he was charged with aiding was acquitted, he cannot be found guilty of aiding and abetting. Synopsis of Rule of Law. The distinction between aiders and abettors and principals in cases such as this is semantic and thus allows for a conviction for aiding and abetting even when the principal is found not guilty. ...
Grunewald v. United States
Citation353 U.S. 391,77 S. Ct. 963, 1 L. Ed. 2d 931,1957 U.S. Brief Fact Summary. Defendant was convicted of conspiring to defraud the United States. Defendant alleges that the conspiracy was over more than three years from the Government’s prosecution and barred by the statute of limitations. Synopsis of Rule of Law. After the central criminal purposes of the conspiracy have been attained, a subsequent conspiracy to conceal may not be implied from circumstantial evidence. ...
United States v. Thomas
Citation Brief Fact Summary. Defendants had intercourse with a corpse believing the girl to be alive. Defendants contested the charge of attempted rape based on factual or alternatively legal impossibility assertion. Synopsis of Rule of Law. The crime of attempt has become one of criminal purpose implemented by an overt act strongly corroborative of such purpose. ...
Owens v. State
Citation352 Md. 663,724 A.2d 43, 1999 Md. Brief Fact Summary. Defendant was charged with second-degree rape for having intercourse with a 13 year-old girl. Synopsis of Rule of Law. Intent and consent of the child is irrelevant under a statute prohibiting intercourse with a child. ...
Jones v. State
Citation589 N.E.2d 241,1992 Ind. Brief Fact Summary. Defendant lived in the same house as Victim. Defendant verbally asked that Victim engage in sexual intercourse with him. After asking three times, the victim had sexual intercourse with Defendant. The State prosecuted Defendant on a charge of rape. Synopsis of Rule of Law. Although force and threats of force can be conveyed through something other than words, there must be some evidence of force or the threat of force to substantiate a charge of rape. ...
Bishop v. State
Citation257 Ga. 136,356 S.E.2d 503, 1987 Ga. Brief Fact Summary. Appellant was found guilty of murder for killing a victim by a mechanical gun trap set for potential burglars. Appellant argued that it was a justifiable use of self defense. Synopsis of Rule of Law. A person is not justified in taking the life of another indirectly with a mechanical device unless he would have been justified had he been personally present. ...
United States v. Jewell
Citation130 S. Ct. 3297; 176 L. Ed. 2d 1188;2010 U.S.78 U.S.L.W. 3667 Brief Fact Summary. Appellant contends that he did not have the requisite mental state when he drove a car into the United States that contained concealed drugs. Appellant argued that he had no actual knowledge of the drugs. Synopsis of Rule of Law. Willful blindness is equivalent to knowledge. ...
Commonwealth v. Poindexter
Citation133 Ky. 720,118 S.W. 943,1909 Ky. View this case and other resources at: Brief Fact Summary. Appellees were charged with criminal sodomy, but appealed when they learned that their acts did not in fact constitute sodomy. Synopsis of Rule of Law. Kentucky’s Criminal Sodomy statute does not prohibit oral sex. ...
People v. Reid
Citation2012 NY Slip Op 04272 (N.Y. June 05, 2012) [2012 BL 136331] Brief Fact Summary. Appellants were convicted of armed robbery despite evidence that Appellants were attempting to recover money owed to them. Synopsis of Rule of Law. A claim of right defense is not available in robbery cases to negate intent where the defendant uses force to recover cash allegedly owed him. ...
Nolan v. State
Citation View this case and other resources at: Brief Fact Summary. Defendant was convicted of embezzlement and contends that evidence produced at trial makes the crime larceny and not embezzlement. Synopsis of Rule of Law. The crime of larceny is committed when an individual steals goods while in the possession of the owner. ...