CitationCommonwealth v. Weichell, 847 N.E.2d 1080, 446 Mass. 785, 2006 Mass. LEXIS 321 (Mass. May 22, 2006) Brief Fact Summary. Frederick Weichell (Appellant) was convicted of first-degree murder by a jury, based in large part on a composite drawing a witness had made; the witness claimed to have seen Appellant running away from the body of the victim. Appellant appeals his conviction here, claiming that the admission of the composite drawing into evidence under the Massachusetts equivalent of Federal Rule of Evidence 801(d)(1)(C) as a prior identification, was reversible error. Synopsis of ...
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U.S. v. Owens
CitationU.S.A. v. OWENS, 672 F.2d 920, 1981 U.S. App. LEXIS 16947 (7th Cir. Oct. 13, 1981) Brief Fact Summary. Following a severe beating suffered by John Foster (Victim), a correctional counselor at a prison, Owens (Respondent) was convicted of assault with intent to commit murder in the lower court. The Court of Appeals reversed the conviction on hearsay grounds, and certiorari was granted here to consider whether the Confrontation Clause of the Sixth Amendment and/or Rule 802 of the Federal Rules of Evidence is violated by the admission into evidence of a prior, out-of-court statement of ...
U.S. v. Ince
CitationUnited States v. Ince, 21 F.3d 576, 1994 U.S. App. LEXIS 6811 (4th Cir. Va. Apr. 7, 1994) Brief Fact Summary. Following a shooting at a rap concert and dance, Nigel Ince (Appellant) was arrested, charged, and convicted by a jury of assault with a dangerous weapon. The night of the crime, Roger Stevens (Stevens), a Military Policeman, interviewed and took a signed statement from an eyewitness, Angela Neumann (Neumann). At trial, Neumann testified that she did not remember what she told Stevens that night, but Stevens testified as to what Neumann told him, and ultimately the jury co ...
Fletcher v. Weir
CitationFletcher v. Weir, 455 U.S. 603, 102 S. Ct. 1309, 71 L. Ed. 2d 490, 1982 U.S. LEXIS 84, 50 U.S.L.W. 3762 (U.S. Mar. 22, 1982) Brief Fact Summary. Weir (Respondent) was convicted of first-degree manslaughter for his role in a stabbing at a nightclub; that decision was affirmed on appeal by the Kentucky Supreme Court. The U.S. District Court for the Western District of Kentucky granted a habeas corpus writ, which the Sixth Circuit Court of Appeals affirmed; that decision is reviewed here. Synopsis of Rule of Law. A violation of due process does not occur when a suspect is impeached reg ...
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 ...
Bourjaily v. United States
CitationBourjaily v. United States, 483 U.S. 171, 107 S. Ct. 2775, 97 L. Ed. 2d 144, 1987 U.S. LEXIS 2874, 55 U.S.L.W. 4962, 22 Fed. R. Evid. Serv. (Callaghan) 1105 (U.S. June 23, 1987) Brief Fact Summary. Petitioner, Bourjaily, was charged with conspiring to distribute cocaine and possession of cocaine after he attempted to buy cocaine from an FBI informant through his co-conspirator Angelo Lenardo. Petitioner objected to the admission of taped conversations between Lenardo and the informant. Synopsis of Rule of Law. A statement by a co-conspirator is admissible evidence under Rule 801 (d) ...
U.S. v. Barrett
CitationU.S. v. Barrett, 1992 U.S. App. LEXIS 14748 (5th Cir. Miss. June 2, 1992) Brief Fact Summary. The defendant, Barrett (the “defendant”), was identified as having participated in the theft and subsequent sale of a stamp collection from the Cardinal Spellman museum. The defendant appeals his conviction on the grounds that a number of pieces of evidence were improperly admitted. Synopsis of Rule of Law. Evidence of prior criminal acts may not be admitted to show propensity to commit a crime, but it may be admitted, provided its probative value outweighs the risk of ...
U.S. v. Knox
CitationU.S. v. Knox, 1977 CMA LEXIS 9076, 3 M.J. 465 (C.M.A. 1977) Brief Fact Summary. Sergeant Bobby L. Knox (Appellant) was convicted of rape and conspiring to commit rape after having intercourse with a woman named Theresa (Victim) at a military base in Japan; Appellant claimed the sexual relations were consensual, and Victim claimed they were not. Appellant appeals his conviction here. Synopsis of Rule of Law. It is not an abuse of discretion for a trial judge to exclude evidence of past sexual behaviors under Military Rule of Evidence 412, when that evidence is neither material nor re ...
Mahlandt v. Wild Canid Survival and Research Center, Inc
CitationMahlandt v. Wild Canid Survival & Research Center, Inc., 588 F.2d 626, 1978 U.S. App. LEXIS 7173 (8th Cir. Mo. Dec. 11, 1978) Brief Fact Summary. A 4 year old child was walking to his neighbor’s house to get his brother. A neighbor heard screams, looked out his window, and saw that the boy was in an enclosure in which Mr. Poos, a neighbor, kept a wolf that he used in his educational trips to neighborhood schools, and that the head of the wolf was near the child. Nobody saw the wolf bite the child. Synopsis of Rule of Law. A statement made against a party that is the par ...
Olden v. Kentucky
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 ...
Boggs v. Collins
CitationBoggs v. Collins, 2001 U.S. LEXIS 2124, 532 U.S. 913, 121 S. Ct. 1245, 149 L. Ed. 2d 152, 69 U.S.L.W. 3592 (U.S. Mar. 5, 2001) Brief Fact Summary. Elizabeth Berman (Victim) accused Roger Boggs (Petitioner-Appellee) of sexually assaulting her one Christmas Eve. At trial, Petitioner-Appellee attempted to cross-examine Victim concerning prior accusations she made that allegedly turned out to be false, and was disallowed from doing so. Petitioner-Appellee, while incarcerated, sought a writ of habeas corpus, which was granted by the lower court, and Terry Collins (Respondent-Appellant), ...
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 ...
State v. Sibley
CitationState v. Sibley, 132 Mo. 102, 33 S.W. 167, 1895 Mo. LEXIS 226 (Mo. 1895) Brief Fact Summary. Mr. Sibley (Appellant) was convicted in the lower court of “defiling, debauching, and carnally knowing a victim, female under the age of 18 years”; the victim, Lula Hawkins (Victim) was the stepdaughter of Appellant. The lower court admitted various evidence, in the form of letters and testimony concerning Appellant’s character, which forms the basis for Appellant’s appeal. Synopsis of Rule of Law. Evidence of specific acts of sexual deviancy by a female with persons ...
State v. Smith
CitationState v. Smith, 80 Ohio St. 3d 89, 684 N.E.2d 668, 1997 Ohio LEXIS 2461, 1997-Ohio-355 (Ohio Oct. 15, 1997) Brief Fact Summary. Eual Howard Smith, Jr. (Appellant) was convicted of attempted indecent behavior with a juvenile, and appeals that conviction here. The allegations were made by a juvenile (Victim), who was twelve years old at the time. When Appellant attempted, on cross-examination, to inquire into whether Victim had ever made similar accusations against others, the lower court did not allow it, citing the state rape shield statute. Synopsis of Rule of Law. The rape shield ...
United States v. Brackeen
CitationUnited States v. Brackeen, 2011 U.S. Dist. LEXIS 51090 (N.D. Tex. May 10, 2011) Brief Fact Summary. Defendant was charged with three bank robberies. The court convened en banc to determine whether bank robbery necessarily involves “dishonesty” as that term is used in the Federal Rules of Evidence 609(a)(2). The court concluded for bank robbery is not per se a crime of “dishonesty.” Synopsis of Rule of Law. The crime of bank robbery does not fit within the definition of “dishonesty” because it is a crime of violent, not a deceitful, taking. ...
People v. Abbot
CitationPEOPLE v. ABBOT, 19 Wend. 192, 1838 N.Y. LEXIS 62 (N.Y. Sup. Ct. 1838) Brief Fact Summary. After a woman accused a man of rape, the man was indicted for rape and assault with the intent to commit rape and, at trial, evidence concerning the accuser’s sexual past, character for truth and veracity, and general moral character was inquired into and objected to by the prosecution. Synopsis of Rule of Law. In a prosecution for rape, the female accuser’s alleged promiscuity may be inquired into, as may the general character of her truth and veracity and her general moral charact ...
Perrin v. Anderson
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 ...
Halloran v. Virginia Chemicals Inc
CitationHalloran v. Virginia Chemicals, Inc., 50 A.D.2d 852, 377 N.Y.S.2d 132, 1975 N.Y. App. Div. LEXIS 12158 (N.Y. App. Div. 2d Dep’t Dec. 22, 1975) 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 ...
U.S. v. Brewer
CitationU.S. v. Brewer, 1978 CMA LEXIS 11611, 5 M.J. 159 (C.M.A. May 12, 1978) Brief Fact Summary. After being charged with kidnapping, James Dale Brewer (Defendant) filed a motion to suppress the prosecution’s introduction of past criminal convictions, which would be used to impeach Defendant if he takes the stand at trial. Four total convictions, and the admissibility of each into evidence, are at issue here. Synopsis of Rule of Law. Under Federal Rule of Evidence 609, evidence of past criminal convictions are allowed when used to attack the credibility of a witness, but only when t ...
U.S. v. Mound
CitationU. S. v. Mound, 477 F. Supp. 156, 1979 U.S. Dist. LEXIS 9494 (D.S.D. Sept. 28, 1979) Brief Fact Summary. After his conviction for various sexual abuse crimes involving a minor, Alvin Ralph Mound (Defendant) appeals, challenging the trial court’s decision to allow into evidence a past conviction of Defendant’s for child sexual abuse under Federal Rule of Evidence 413. After the lower court admitted evidence of the conviction, the jury convicted Defendant and sentenced him to life imprisonment. Defendant appeal his conviction here. Synopsis of Rule of Law. Courts must app ...
Michelson v. U.S
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) 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. ...
Lannan v. State
CitationLannan v. State, 600 N.E.2d 1334, 1992 Ind. LEXIS 234 (Ind. Oct. 16, 1992) Brief Fact Summary. Donald G. Lannan (Appellant) was convicted by a jury of molesting Victim, who was then fourteen years old. At trial, the jury was permitted to hear testimony from another alleged Victim of Appellant’s, who claimed Appellant had molested her in the past, despite the fact that the alleged past instances of molestation were not charged. Appellant appeals his conviction here. Synopsis of Rule of Law. The Indiana common law rule that evidence of various types of prior sexual behavior is ...
State v. Kirsch
CitationState v. Kirsch, 263 Conn. 390, 820 A.2d 236, 2003 Conn. LEXIS 171 (Conn. May 6, 2003) Brief Fact Summary. Following a jury trial, David W. Kirsch (Defendant) was convicted of various sexual offenses committed against minors. At trial, the court allowed testimonial evidence to be heard by the jury of other alleged sexual assaults unrelated to the present charge, and allegedly committed against various other young women. Defendant appeals his conviction here. Synopsis of Rule of Law. New Hampshire’s equivalent to Federal Rule of Evidence 404(b) prohibits the admission of evide ...
U.S. v. Guardia
CitationUnited States v. Guardia, 955 F. Supp. 115, 1997 U.S. Dist. LEXIS 1583, 46 Fed. R. Evid. Serv. (Callaghan) 972 (D.N.M. Feb. 6, 1997) Brief Fact Summary. David K. Guardia, M.D. (Defendant) was indicted for two counts of criminal sexual penetration and two counts of battery; the indictment was based on Defendant’s alleged behaviors while he was practicing as a gynecologist. The prosecution offered into evidence the testimony of various women who claimed to have been abused by Defendant, and Defendant moved to have the evidence excluded based on the standard of Federal Rule of Ev ...
U.S. v. Trenkler
Citation130 S. Ct. 1093 Brief Fact Summary. Alfred Trenkler (Appellant) was convicted by a jury of various charges, all related to the explosion of a bomb in Massachusetts. Appellant appeals here, challenging the lower court’s decision to allow evidence related to Appellant’s involvement in a prior bombing to be admitted at Appellant’s trial. Synopsis of Rule of Law. Evidence is admissible under Federal Rule of Evidence 404(b) only when the evidence is determined to have some “special relevance,” independent of its tendency to show criminal propensity, on a mate ...