CitationUnited States v. Scop, 940 F.2d 1004, 1991 U.S. App. LEXIS 18423, Fed. Sec. L. Rep. (CCH) P96,212, 33 Fed. R. Evid. Serv. (Callaghan) 1245 (7th Cir. Ill. Aug. 13, 1991) Brief Fact Summary. The Appellants, Alan Scop, Raphael Bloom (“Mr. Bloom”), Herbert Stone (“Mr. Stone”), and Jack Ringer (the “Appellants”), were involved in the offering and trading of stock of an automobile dealership. They were indicted for mail fraud, securities fraud, and conspiracy. Mr. Bloom and Mr. Stone were also charged with perjury before a grand jury. Synopsis of Rule ...
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Commonwealth v. Holden
CitationCommonwealth v. Holden, 2011 Pa. Super. LEXIS 1131, 26 A.3d 1192 (Pa. Super. Ct. Mar. 15, 2011) Brief Fact Summary. The defendant, Charles Holden (the “defendant”), was convicted of first degree murder of Cora Smith (“Ms. Smith”). Ms. Smith was killed in her home after being struck in the head. The police arrested the defendant and took him to the house of his supposed alibi, Ralph Jones (“Mr. Jones”), and questioned Mr. Jones in the defendant’s presence. Synopsis of Rule of Law. A witness is not allowed to speculate as to what another was ...
Government of the Virgin Islands v. Knight
CitationVirgin Islands v. Knight, 1991 U.S. Dist. LEXIS 21653, 26 V.I. 396 (D.V.I. Oct. 7, 1991) Brief Fact Summary. The defendant, Henry Knight (the “defendant”), beat the victim, Andreas Miller (“Mr. Miller”), in the head with a pistol, and the pistol discharged during the beating killing Mr. Miller. The defendant was charged with second degree murder, and was found guilty of voluntary manslaughter and of two weapons charges. The defendant admitted to the beating, but contended the shooting was accidental Synopsis of Rule of Law. Witness testimony in the ...
People v. Roder
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. ...
Atkinson v. Hall
CitationAtkinson v. Hall, 556 A.2d 651, 1989 Me. LEXIS 81 (Me. Mar. 31, 1989) Brief Fact Summary. The plaintiff, Julie Atkinson (the “plaintiff”), sued the defendant, Robert Hall (the “defendant”), to collect child support. The defendant contended the child was not his, but the plaintiff submitted a blood test that showed the defendant had a 98.27 percent chance of being the father. The jury unanimously found for the defendant. Synopsis of Rule of Law. If two conflicting presumptions exist, a court should apply the one that is the strongest after considering polic ...
Dyer v. MacDougall
CitationDyer v. MacDougall, 201 F.2d 265, 1952 U.S. App. LEXIS 2401 (2d Cir. N.Y. Dec. 31, 1952) Brief Fact Summary. The plaintiff, Dyer (the “plaintiff”), accused the defendants, Albert E. MacDougall (“Mr. MacDougall”) and his wife (the “defendants”), of libel and slander regarding several oral and written statements. Of the two counts at issue, one involved an alleged statement by Mr. MacDougall to a lawyer that the plaintiff sent a blackmailing letter. The other count alleged Mr. MacDougall’s wife said to another individual that the plaintiff h ...
Legille v. Dann
CitationLegille v. Dann, 544 F.2d 1, 1976 U.S. App. LEXIS 7445, 191 U.S.P.Q. (BNA) 529, 178 U.S. App. D.C. 78 (D.C. Cir. Aug. 24, 1976) Brief Fact Summary. The Appellee applied for four patents by sending the patent applications through the mail to the Patent Office. While mail from Connecticut to Washington, D.C. normally took two days, the patent applications were date-stamped seven days after they were mailed. The later date meant that the Appellee’s patents failed because they were received later than similar patents. Synopsis of Rule of Law. Federal Rules of Evidence (“F ...
Higgins v. Los Angeles Gas & Electric Co
CitationHiggins v. L. A. Gas & Electric Co., 159 Cal. 651, 115 P. 313, 1911 Cal. LEXIS 365 (Cal. 1911) Brief Fact Summary. The plaintiff was a landlord suing to recover for damages caused to his tenant’s restaurant by a gas explosion. The plaintiff contended that the flashlight used by the defendant’s employee caused the explosion, and the defendant argued that the explosion was caused by an oil burning stove being used by the plaintiff’s tenant. Synopsis of Rule of Law. A court may allow a jury to take evidence for use in their deliberations, including any exhibit, ...
Smith v. Rapid Transit, Inc
CitationSmith v. Rapid Transit, Inc., 317 Mass. 469, 58 N.E.2d 754, 1945 Mass. LEXIS 448 (Mass. 1945) Brief Fact Summary. The plaintiff was run off the road by a bus around 1:00 on February 6, 1941. She ran into a parked car and sued the bus company who she believed was responsible. Synopsis of Rule of Law. Preponderance of the evidence requires the proposition to appear more likely or probable such that in the minds of the trier of fact, they believe its truth. ...
State v. Lawrence
CitationState v. Lawrence, 166 Wn. App. 378, 271 P.3d 280, 2012 Wash. App. LEXIS 211 (Wash. Ct. App. Feb. 2, 2012) Brief Fact Summary. The defendant appealed his conviction for grand larceny after stealing a car. He argued that the trial court should not have taken judicial notice of the value of the car. Synopsis of Rule of Law. Judicial notice may not be taken on any fact which is a necessary element of the crime with which the accused is charged. ...
Varcoe v. Lee
CitationVarcoe v. Lee, 180 Cal. 338, 181 P. 223, 1919 Cal. LEXIS 490 (Cal. 1919) Brief Fact Summary. A father, Plaintiff, sued the owner and operator of a car that hit and killed his child. The jury awarded the Plaintiff $5000, and the Defendant appealed arguing that the court should not have taken judicial notice of whether or not the accident occurred in a business district. Synopsis of Rule of Law. A court may take judicial notice of facts that are common and of general knowledge, established and authoritatively settled, and within the limits of the courts jurisdiction. ...
Rock v. Arkansas
CitationRock v. Arkansas, 483 U.S. 44, 107 S. Ct. 2704, 97 L. Ed. 2d 37, 1987 U.S. LEXIS 2732, 55 U.S.L.W. 4925, 22 Fed. R. Evid. Serv. (Callaghan) 1128 (U.S. June 22, 1987) Brief Fact Summary. The petitioner, Rock (the “petitioner”), was charged with manslaughter for shooting her husband, and sought to introduce her own testimony that had been refreshed by hypnosis. An expert witness corroborated the petitioner’s refreshed testimony that the gun was defective. The trial court ruled that hypnotically refreshed testimony was inadmissible per se and the Arkansas Supreme Co ...
Tanner v. United States
CitationTanner v. United States, 483 U.S. 107, 107 S. Ct. 2739, 97 L. Ed. 2d 90, 1987 U.S. LEXIS 2868, 55 U.S.L.W. 4942 (U.S. June 22, 1987) Brief Fact Summary. Petitioner No. 1, Conover (“petitioner No. 1”), used his position as Seminole Electric Cooperative’s procurement manager to help his friend, petitioner No. 2, Tanner (“petitioner No. 2”), obtain a bid for a construction project for which a loan had been guaranteed by an agency of the United States. After petitioner No. 1 and petitioner No. 2 were convicted, two jurors came forward and revealed rampant ...
Hill v. Skinner
CitationHill v. Skinner, 81 Ohio App. 375, 79 N.E.2d 787, 1947 Ohio App. LEXIS 575, 37 Ohio Op. 213 (Ohio Ct. App., Summit County 1947) Brief Fact Summary. A four-year-old child wandered onto his neighbor’s property and was bitten by the neighbor’s Chow dog. There were no other witnesses to the incident. Synopsis of Rule of Law. The competency of a child of mental immaturity to testify as a witness lies in the discretion of the trial judge, and a reviewing court will not disturb the ruling. ...
State Ex Rel. Collins v. Superior Court
CitationState ex rel. Collins v. Superior Court, 132 Ariz. 180, 644 P.2d 1266, 1982 Ariz. LEXIS 184 (Ariz. May 4, 1982) Brief Fact Summary. The defendant was charged with kidnapping, rape, and sexual assault after being arrested by undercover police whom he approached. During the investigation, the police used hypnosis to refresh the memory of several victims to help aid in identification of the subject. Synopsis of Rule of Law. Hypnotically refreshed testimony is per se inadmissible, but hypnosis does not render a witness incompetent to testify to those facts demonstrably recalled prior ...
United States v. Dockins
CitationUnited States v. Dockins, 986 F.2d 888, 1993 U.S. App. LEXIS 4519 (5th Cir. Miss. Mar. 12, 1993) Brief Fact Summary. The defendant, Dockins (the “defendant”), was convicted of illegal possession of a firearm by a convicted felon pursuant to 18 U.S.C. Section:922(g)(1). He was also convicted of knowingly making false statements during the purchase of a firearm pursuant to 18 U.SC. Section:922(a)(6). Synopsis of Rule of Law. When there is no circumstantial evidence offered by the government to show that records come from where they are said to come from, “there [is ...
First State Bank of Denton v. Maryland Casualty Co
CitationFirst State Bank v. Maryland Casualty Co., 918 F.2d 38, 1990 U.S. App. LEXIS 20684, 31 Fed. R. Evid. Serv. (Callaghan) 998 (5th Cir. Tex. Nov. 29, 1990) Brief Fact Summary. The Mills’ family residence, which was insured by the Maryland Casualty Company, was completely destroyed by fire. After inspecting the site, the insurance company refused to pay the claim, concluding the fire was a product of arson. Synopsis of Rule of Law. The district court acted correctly both in admitting the contents of the telephone call to the Mills’ residence and in denying plaintiff’ ...
Meyers v. United States
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 ...
People v. Enskat
CitationPeople v. Enskat, 33 Cal. App. 3d 900, 109 Cal. Rptr. 433, 1973 Cal. App. LEXIS 946 (Cal. App. 2d Dist. Aug. 8, 1973) Brief Fact Summary. The defendant, Enskat (the “defendant”), was convicted of exhibiting an obscene motion picture depicting graphic sex acts. Rather than seize the film itself, arresting officers entered the theater and took photos of the film. Synopsis of Rule of Law. A motion picture is “a writing” for purposes of the best evidence rule. ...
Herzig v. Swift & Co
CitationHerzig v. Swift & Co., 146 F.2d 444, 1945 U.S. App. LEXIS 2052 (2d Cir. N.Y. Apr. 1, 1945) Brief Fact Summary. In a wrongful death action, the estate administrator (the “administrator”) sought to prove damages using testimony of one of the decedent’s business partners. The Court excluded the testimony because the best evidence was the partnership’s accounting books. Synopsis of Rule of Law. The best evidence rule applies only to the introduction of a document, not to proving broader elements of a case. ...
McCray v. Illinois
CitationMcCray v. Illinois, 386 U.S. 300, 87 S. Ct. 1056, 18 L. Ed. 2d 62, 1967 U.S. LEXIS 1983 (U.S. Mar. 20, 1967) Brief Fact Summary. Two Chicago police officers made a warrantless drug arrest of the defendant, McCray (the “defendant”), based on probable cause provided by an undercover informant. The officers testified the informant was credible because of his past information. The Supreme Court of the United States (“Supreme Court”) upheld the arrest. Synopsis of Rule of Law. When an informant’s testimony goes to probable cause, and not to guilt or innoc ...
Sirico v. Cotto
CitationSirico v. Cotto, 67 Misc. 2d 636, 324 N.Y.S.2d 483, 1971 N.Y. Misc. LEXIS 1315 (N.Y. Civ. Ct. 1971) Brief Fact Summary. In a personal injury lawsuit, plaintiff’s attorney called as a witness an X-ray expert. The expert attempted to testify about what X-ray photos showed of plaintiff’s injuries without having the X-rays on the witness stand. The Court barred his testimony. Synopsis of Rule of Law. If the best evidence rule excludes evidence, opinion testimony based on that evidence is also inadmissible. ...
United States v. Nixon
CitationUnited States v. Nixon, 418 U.S. 683, 94 S. Ct. 3090, 41 L. Ed. 2d 1039, 1974 U.S. LEXIS 93 (U.S. July 24, 1974) Brief Fact Summary. The special prosecutor in the Watergate scandal subpoenaed tape recordings made of President Nixon (the “President”) discussing the scandal with some of his advisers. The President claimed executive privilege as his basis for refusing to turn over the tapes. Synopsis of Rule of Law. Although a President deserves great deference regarding his Article II constitutional privilege, that privilege is not absolute and must be balanced against other ...
Rovario v. United States
CitationRoviaro v. United States, 353 U.S. 53, 77 S. Ct. 623, 1 L. Ed. 2d 639, 1957 U.S. LEXIS 1125 (U.S. Mar. 25, 1957) Brief Fact Summary. The defendant, Rovario (the “defendant”), convicted on heroine possession charges, sought to overturn his conviction because the government, at trial, did not have to produce the undercover informant that formed a great part of the government’s case. Synopsis of Rule of Law. The government must disclose the identity of its undercover informants, if the informant is relevant and helpful to the defense and necessary for the defendant t ...
United States v. Reynolds
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 ...