U.S. v. Crumby
Brief

Citation547 U.S. 1087 Brief Fact Summary. David Crumby (Defendant) was indicted for bank robbery and aid and abet; after the indictment, Defendant took a polygraph test, which he passed. Defendant seeks to have the results of that test admitted into evidence at his criminal trial. Synopsis of Rule of Law. When the prosecution has impeached a criminal Defendant’s credibility and also impeached the criminal Defendant’s testimony by contradiction, the criminal Defendant may introduce, to support his own testimony, evidence that he took and passed a polygraph examination. ...

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 ...

Jinro America, Inc. v. Secure Investments, Inc
Brief

CitationJinro Am., Inc. v. Secure Invs., Inc., 2001 U.S. App. LEXIS 25988, 272 F.3d 1289, 2001 Cal. Daily Op. Service 10145, 2001 Daily Journal DAR 12642 (9th Cir. Dec. 5, 2001) Brief Fact Summary. Jinro America, Inc. and JR International Corp. (Appellants) sued various parties, including Brian Bishop, Brian W. Bishop, Inc., and Landmark Forward Companies (Appellees) over an international deal for the sale of frozen chicken that had gone bad. At trial, an expert witness testified that Korean companies, such as some Appellees, have a propensity to deal fraudulently; the lower court allowed t ...

Hygh v. Jacobs
Brief

CitationHygh v. Jacobs, 961 F.2d 359, 1992 U.S. App. LEXIS 7354, 35 Fed. R. Evid. Serv. (Callaghan) 532 (2d Cir. N.Y. Apr. 9, 1992) Brief Fact Summary. William C. Hygh (Plaintiff-Appellee / Cross-Appellant) sued William Jacobs (Defendant-Appellant / Cross-Appellee) for false arrest, excessive use of force, and malicious prosecution, stemming from an arrest, made by Defendant-Appellant / Cross Appellee of Plaintiff-Appellee / Cross-Appellant. the trial court found for Plaintiff-Appellee / Cross-Appellant and awarded damages for all claims; the award for malicious prosecution, however, was a ...

Gray v. Maryland
Brief

CitationGray v. Maryland, 1970 U.S. LEXIS 2820, 397 U.S. 944, 90 S. Ct. 961, 25 L. Ed. 2d 126 (U.S. 1970) Brief Fact Summary. Kevin D. Gray (Petitioner) was tried with Anthony Bell (codefendant) and convicted by a jury of murder. On appeal, Petitioner’s conviction was set aside, but then reinstated by the state Supreme Court. Petitioner appeals the reinstatement of his conviction here. Synopsis of Rule of Law. The admission into evidence, at a criminal defendant’s trial, of a non-testifying codefendant’s confession that implicates the criminal defendant, but replaces the ...

Chambers v. Mississippi
Brief

CitationChambers v. Miss., 410 U.S. 284, 93 S. Ct. 1038, 35 L. Ed. 2d 297, 1973 U.S. LEXIS 107 (U.S. Feb. 21, 1973) Brief Fact Summary. Defendant, Leon Chambers, was convicted for the murder of a police officer, Aaron Liberty. As part of his defense, Defendant attempted to admit evidence that another man, Gable McDonald, committed the murder. Synopsis of Rule of Law. A state can not violate a defendant’s rights under the Fourteenth Amendment to the United States Constitution by restricting a defendant from examining a witness through the strict application of evidence rules. ...

U.S. v. Figueroa-Lopez
Brief

CitationU.S. v. Figueroa, 1990 U.S. App. LEXIS 13464, 907 F.2d 144 (2d Cir. N.Y. May 7, 1990) Brief Fact Summary. Following a jury trial, Raul Figueroa-Lopez (Defendant) was convicted of possession of cocaine with intent to distribute. At trial, the court allowed testimony of law enforcement officers into evidence, as lay witness testimony. Defendant appeals his conviction here. Synopsis of Rule of Law. Testimony offered by law enforcement officers that profiles a criminal defendant as a drug trafficker is properly characterized as testimony based on the perceptions, education, training, a ...

Bruton v. U.S
Brief

CitationU.S. v. Bruton, 1984 CMA LEXIS 19123, 18 M.J. 439 (C.M.A. July 13, 1984) Brief Fact Summary. Petitioner was tried with Mr. Evans (co-defendant) for armed postal robbery; both were convicted by a jury. At trial, the court allowed testimony of a witness, who indicated that co-defendant confessed to the crime and to having the help of Petitioner in committing the crime, to be admitted against co-defendant, but instructed the jury not to consider it in determining Petitioner’s guilt. On appeal, the Circuit Court of Appeals upheld Petitioner’s conviction, and Petitioner chal ...

Cruz v. New York
Brief

CitationCruz v. New York, 481 U.S. 186, 107 S. Ct. 1714, 95 L. Ed. 2d 162, 1987 U.S. LEXIS 1807, 55 U.S.L.W. 4515 (U.S. Apr. 21, 1987) Brief Fact Summary. Eulogio Cruz (Petitioner) was arrested and, along with his brother Benjamin Cruz (co-defendant), tried and convicted of murder for the shooting of a gas station attendant. At trial, the prosecution called a witness who testified that Petitioner had confessed to the murder; the prosecution also introduced evidence of a tape-recorded confession that co-defendant had made to police. Petitioner appealed his conviction to the New York Court ...

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 righ ...

White v. Illinois
Brief

CitationWhite v. Illinois, 1986 U.S. LEXIS 1951, 475 U.S. 1126, 106 S. Ct. 1650, 90 L. Ed. 2d 194, 54 U.S.L.W. 3697 (U.S. Apr. 21, 1986) Brief Fact Summary. Randall D. White (Petitioner) was charged with and convicted of aggravated sexual assault of a child. At Petitioner’s trial, the lower court allowed the testimony of various parties, including the child’s mother, babysitter, doctor, and nurse, as well as a police officer, all under exceptions to the hearsay rule. Petitioner challenges, on certiorari, the admission of that evidence here. Synopsis of Rule of Law. The Confron ...

Lilly v. Virginia
Brief

CitationLilly v. Va., 527 U.S. 116, 119 S. Ct. 1887, 144 L. Ed. 2d 117, 1999 U.S. LEXIS 4006, 67 U.S.L.W. 4435, 51 Fed. R. Evid. Serv. (Callaghan) 645, 99 Cal. Daily Op. Service 4508, 99 Daily Journal DAR 5782, 1999 Colo. J. C.A.R. 3256, 12 Fla. L. Weekly Fed. S 315 (U.S. June 10, 1999) Brief Fact Summary. Benjamin Lee Lilly (Petitioner) was convicted for murder, robbery, and abduction, and sentenced to death. Petitioner appealed to the state Supreme Court, arguing that the admission by the trial court of hearsay statements made by a co-defendant violated Petitioner’s rights under th ...

U.S. v. Laster
Brief

CitationU.S. v. Laster, 1991 CMA LEXIS 2035, 34 M.J. 63 (C.M.A. Sept. 17, 1991) Brief Fact Summary. James M. Laster and Jerry Lear (Defendant-Appellants) were convicted of drug offenses after the company for which Mr. Laster worked reported that an employee had ordered an ingredient used to make an illegal street drug from a supplier, under the company name and without permission. At trial, the records showing the orders from the supplier of the ingredient were offered and admitted into evidence, the foundation being laid by an employee of the company. Defendant-Appellants appeal their con ...

Mattox v. U.S
Brief

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 ...

United States v. Vigneau
Brief

CitationUnited States v. Vigneau, 187 F.3d 70, 1999 U.S. App. LEXIS 16908, 52 Fed. R. Evid. Serv. (Callaghan) 769 (1st Cir. R.I. July 22, 1999) Brief Fact Summary. The defendant, Patrick Vigneau (the “defendant”), was convicted at trial for his participation in a drug distribution scheme. Synopsis of Rule of Law. Documents which contain statements by third parties not involved in the business, may not be entered into evidence unredacted as records of regularly conducted business activities, as they do not contain the indicia of reliability required of exceptions to the hearsay ...

Beech Aircraft Corp. v. Rainey
Brief

CitationBeech Aircraft Corp. v. Rainey, 488 U.S. 153, 109 S. Ct. 439, 102 L. Ed. 2d 445, 1988 U.S. LEXIS 5631, 57 U.S.L.W. 4043, 26 Fed. R. Evid. Serv. (Callaghan) 257, 1989 AMC 441 (U.S. Dec. 12, 1988) Brief Fact Summary. The spouses of the plaintiffs died during flight training when their plane was unable to recover from an evasive maneuver. The defendant, Beech Aircraft Corp. (the “defendant”) attempted to admit an investigative report that concluded the accident was caused by pilot error. Synopsis of Rule of Law. Federal Rules of Evidence (“F.R.E.) Rule 803(8)(c) sho ...

Dallas County v. Commercial Union Assurance Co
Brief

CitationDallas County v. Commercial Union Assurance Co., 286 F.2d 388, 1961 U.S. App. LEXIS 5556, 4 Fed. R. Serv. 2d (Callaghan) 786 (5th Cir. Ala. Jan. 17, 1961) Brief Fact Summary. The government of Dallas County (Appellant) sued Commercial Union Assurance Co., its liability insurance carrier (Appellee), claiming that Appellee owed Appellant for damages to an insured building. At trail, the lower court allowed Appellee to introduce into evidence a newspaper article. Ultimately, the jury found in favor of Appellee, and Appellant appeals here. Synopsis of Rule of Law. When an event at issu ...

Johnson v. State
Brief

CitationJohnson v. State, 967 S.W.2d 410, 1998 Tex. Crim. App. LEXIS 49 (Tex. Crim. App. Apr. 15, 1998) Brief Fact Summary. At the murder trial of Arnold E. Johnson (Appellant), the prosecution introduced evidence that implicated Appellant in a previous murder, even though Appellant was ultimately acquitted of that crime. Also during Appellant’s trial, a prosecution witness’s previously recorded statement was read into evidence, despite the witness’s indication that he had no recollection of the events to which his statement referred. At the conclusion of the trail, Appe ...

Mutual Ins. Co. v. Hillmon
Brief

CitationMutual Life Ins. Co. v. Hillmon, 145 U.S. 285, 12 S. Ct. 909, 36 L. Ed. 706, 1892 U.S. LEXIS 2139 (U.S. May 16, 1892) Brief Fact Summary. Mrs. Sallie Hillmon (“Mrs. Hillmon”), upon the death of her husband, sought to collect on three insurance policies insuring his life. The insurance company defended on the grounds that Mr. Hillmon was not actually dead. Synopsis of Rule of Law. Whenever a person’s intention is of itself a distinct and material fact in a chain of circumstances, it may be proved by contemporaneous oral or written declarations of the party. ...

U.S. v. Iron Shell
Brief

CitationUnited States v. Iron Shell, 633 F.2d 77, 1980 U.S. App. LEXIS 13741, 55 A.L.R. Fed. 664 (8th Cir. S.D. Sept. 24, 1980) Brief Fact Summary. John Louis Iron Shell (Appellant) was convicted by a jury of assault with intent to commit rape on a woman named Lucy (Victim). At trial, various out-of-court statements, made by Victim to a police officer and a physician, were admitted under two exceptions to the hearsay rule. Based on the admission of the out-of-court statements by the lower court, Appellant appeals his conviction. Synopsis of Rule of Law. No per se abuse of discretion occur ...

U.S. v. Houlihan
Brief

CitationU.S. v. Houlihan, 1987 CMA LEXIS 1003, 24 M.J. 43 (C.M.A. Feb. 27, 1987) Brief Fact Summary. John Houlihan and Mr. Fitzgerald (Defendants) allegedly ran a cocaine distribution ring from a flower shop. After a former distributor for Defendants’ operation was arrested and made statements to police about Defendants, the distributor was killed, and evidence pointed to Defendants as having conspired to have him killed. Defendants were indicted on numerous charges, convicted by a jury, and sentenced by the lower court; Defendants appeal their convictions and sentences here. Synopsi ...

U.S. v. DiNapoli
Brief

Citation434 U.S. 858 Brief Fact Summary. Several Defendants were charged with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) following an alleged bid-rigging scheme involving the concrete industry and skyscraper construction contracts in Manhattan. At trial, when the prosecution attempted to introduce evidence of grand jury testimony under Federal Rule of Evidence 804(b)(1), the lower court held that the “similar motive” requirement was not met and disallowed the testimony. This appeal follows a remand from the United States Supreme Court. Synopsis o ...

LLoyd v. American Export Lines
Brief

CitationLloyd v. American Export Lines, Inc., 580 F.2d 1179, 1978 U.S. App. LEXIS 10543, 3 Fed. R. Evid. Serv. (Callaghan) 193, 47 A.L.R. Fed. 874 (3d Cir. Pa. June 22, 1978) Brief Fact Summary. Following a fight onboard a ship between two employees, Mr. Lloyd (Plaintiff) and Mr. Alvarez (Alvarez), the Coast Guard held a hearing to determine whether Plaintiff’s merchant marine rights should be revoked. Plaintiff gave testimony during that hearing and, at a subsequent action brought by Alvarez against the shipper, American Export Lines (Defendant), Defendant attempted to introduce tha ...

Williamson v. United States
Brief

CitationWilliamson v. United States, 207 U.S. 425, 28 S. Ct. 163, 52 L. Ed. 278, 1908 U.S. LEXIS 1411 (U.S. Jan. 6, 1908) Brief Fact Summary. Harris was pulled over by the police for erratic driving, and a subsequent search revealed several kilos of cocaine. He gave one version of how he got the drugs during his first interview with the police, but subsequently changed his story. Synopsis of Rule of Law. Federal Rule of Evidence (“F.R.E.”) Rule 804(b)(3) provides that certain statements against interest may be admitted even though they are hearsay, because they contain certai ...