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. ...
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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 ...
Huddleston v. U.S
CitationHuddleston v. U. S. Air Conditioning Corp., 1956 U.S. Dist. LEXIS 4568, 56-2 U.S. Tax Cas. (CCH) P10,076, 51 A.F.T.R. (P-H) 1505 (S.D. Tex. Sept. 22, 1956) Brief Fact Summary. The defendant, Huddleston (the “defendant”), was charged with the knowing possession of stolen videocassette tapes. The plaintiff, the United States’ Government (the “plaintiff”) introduced similar acts evidence that connected defendant to a series of sales of stolen appliances from the same store as the tapes. The plaintiff concluded that the evidence was relevant to the fact t ...
Bankcard America, Inc. v. Universal Bancard Systems, Inc. and Samuel Buchbinder and Paul Alperstein
CitationBankcard Am., Inc. v. Universal Bancard Sys., 203 F.3d 477, 2000 U.S. App. LEXIS 1194, 53 Fed. R. Evid. Serv. (Callaghan) 391 (7th Cir. Ill. Feb. 1, 2000) Brief Fact Summary. A breach of contract action and an action for damages involving a RICO claim was brought originally in 1993 and, after the jury returned its verdict in 1996, the verdict and award were vacated by the presiding judge, who then ordered a new trial. After the second trial, the jury returned a verdict favorable to the same party as in the first trial; that verdict was also vacated by the judge, based on insuffici ...
Williams v. McCoy
CitationWilliams v. McCoy, 7 F. Supp. 2d 214, 1998 U.S. Dist. LEXIS 8354 (E.D.N.Y. June 3, 1998) Brief Fact Summary. After a jury trial, Mia McCoy (Defendant) was found negligent and, pursuant to the jury’s verdict, Joanne C. Williams (Plaintiff) was awarded $3,000 in damages for her injuries, which stemmed from an automobile collision between the two parties. After the verdict, Plaintiff filed a motion for a new trial, which was denied, and the trial court entered judgment in Plaintiff’s favor for the above amount. Plaintiff appeals the judgment entered in her favor here. Syno ...
People v. Zackowitz
CitationPeople v. Zackowitz, 254 N.Y. 192, 172 N.E. 466, 1930 N.Y. LEXIS 1025 (N.Y. 1930) Brief Fact Summary. Mr. Zackowitz (Defendant) shot and killed Frank Coppola (Victim) after Victim allegedly made crude comments to Defendant’s wife. Defendant was subsequently arrested and charged with the crime of murder, and convicted in the lower court. Defendant appeals here; the sole issue of the appeal is the state of mind of Defendant, which determines the degree of homicide of which Defendant is guilty. Synopsis of Rule of Law. Evidence of Defendant’s possession of weapons that wer ...
Old Chief v. United States
CitationOld Chief v. United States, 519 U.S. 172, 117 S. Ct. 644, 136 L. Ed. 2d 574, 1997 U.S. LEXIS 298, 65 U.S.L.W. 4049, 45 Fed. R. Evid. Serv. (Callaghan) 835, 97 Fulton County D. Rep. 174, 97 Cal. Daily Op. Service 177, 97 Daily Journal DAR 277, 10 Fla. L. Weekly Fed. S 238 (U.S. Jan. 7, 1997) Brief Fact Summary. The defendant, Old Chief (the “defendant”) was arrested after an incident involving at least one gun shot. Synopsis of Rule of Law. “In this case, as in any other in which the prior conviction is for an offense likely to support conviction on some improper g ...
Tuer v. McDonald
CitationTuer v. McDonald, 347 Md. 507, 701 A.2d 1101, 1997 Md. LEXIS 554 (Md. Nov. 7, 1997) Brief Fact Summary. The Appellant, Eugene Tuer’s (“Mr. Tuer”) husband (the “Appellant”), died while awaiting heart surgery. Mr. Tuer’s surgery was delayed when the Appelleess, Dr. McDonald and others (the “Appelleess”), Mr. Tuer’s treating physician, was called to an emergency surgery. While awaiting surgery, Mr. Tuer died because he had not received a dose of Heparin, a coagulant which had been discontinued in anticipation of surgery. Synopsis ...
U.S. v. Jackson
CitationUnited States v. Jackson, 405 F. Supp. 938, 1975 U.S. Dist. LEXIS 15185, 1 Fed. R. Evid. Serv. (Callaghan) 56 (E.D.N.Y. Nov. 20, 1975) Brief Fact Summary. Andrew Jackson (Defendant) was accused of robbing a bank and made several pretrial motions. At issue here are Defendant’s motions to exclude evidence of another recent conviction for assault and to exclude evidence of his use of false name after being arrested. Synopsis of Rule of Law. Defendant’s recent state felony conviction for assault could not be used to impeach Defendant under Federal Rule of Evidence 609(a) bec ...
State v. Bocharski
CitationState v. Bocharski, 218 Ariz. 476, 189 P.3d 403, 2008 Ariz. LEXIS 134, 537 Ariz. Adv. Rep. 23 (Ariz. Aug. 8, 2008) Brief Fact Summary. Following the discovery of the body of eighty-four year-old Freeda Brown (Victim), an autopsy was performed and it was concluded that Victim died of sixteen stab wounds to the head. After a trial, Phillip Alan Bocharski (Defendant) was convicted in the lower court of first-degree felony murder and first-degree burglary, sentenced to twenty-one years imprisonment on the burglary charge and to death for the first-degree murder conviction. Due to the s ...
United States v. James
Citation2016 U.S. Dist. Brief Fact Summary. Ernestine James’s (Defendant-Appellant’s) boyfriend, David Ogden (decedent) was killed by Defendant-Appellant’s daughter, Jaylene Jeffries (Jeffries), and, as a result, Defendant-Appellant was convicted by a Federal District Court of the crime of aiding and abetting manslaughter. At trial, Defendant-Appellant raised the defense of self-defense in the original action. A dividend panel of the 9th Circuit Court of Appeals affirmed her conviction in her first appeal, and she appeals that decision here. The 9th Circuit Court of App ...
U.S. v. Myers
CitationU.S. v. Myers, 1994 U.S. App. LEXIS 20528 (5th Cir. Tex. July 18, 1994) Brief Fact Summary. Larry Allen Myers (Appellant) was convicted of bank robbery following a jury trial and sentenced to ten years in prison. Appellant appeals that conviction, asserting that the lower court committed error by refusing the strike the testimony of alibi witnesses that Appellant was not made aware of prior to the trial, admitting evidence of Appellant’s previous conviction for bank robbery, and for giving the jury a flight instruction that had no evidentiary support. Synopsis of Rule of Law. ...
Cox v. State
CitationCox v. State, 696 N.E.2d 853, 1998 Ind. LEXIS 84 (Ind. June 26, 1998) Brief Fact Summary. Patrick E. Cox (Appellant) was convicted of murder by a jury following a shooting that left James Leonard (Victim) dead; the jury found Appellant guilty and the trial court imposed a life sentence. Appellant appeals his conviction here. Synopsis of Rule of Law. When probable cause exists to make an arrest and the arrest is nevertheless made in violation of the Fourth Amendment, the exclusionary rule does not bar the introduction of statements into evidence made by a defendant outside of his hom ...
United States v. James
CitationUnited States v. James, 169 F.3d 1210, 1999 U.S. App. LEXIS 3612, 99 Cal. Daily Op. Service 1745, 50 Fed. R. Evid. Serv. (Callaghan) 1453 (9th Cir. Wash. Mar. 9, 1999) Brief Fact Summary. Ernestine James’s (Defendant-Appellant’s) boyfriend, David Ogden (decedent) was killed by Defendant-Appellant’s daughter, Jaylene Jeffries (Jeffries), and, as a result, Defendant-Appellant was convicted by a Federal District Court of the crime of aiding and abetting manslaughter. At trial, Defendant-Appellant raised the defense of self-defense in the original action. A dividend ...
In Re Masters
CitationIn re Masters, 208 Fed. Appx. 857, 2006 U.S. App. LEXIS 28526 (Fed. Cir. Nov. 9, 2006) Brief Fact Summary. Respondent attorney not only advised his client to comply with extortion demands made by a union boss, but acted as an intermediary to ensure that the payments were made. Synopsis of Rule of Law. Attorneys may not condone nor act as intermediaries for the extortion of their clients. ...
In Re Himmel
CitationIn re Imming, 131 Ill. 2d 239, 545 N.E.2d 715, 1989 Ill. LEXIS 110, 137 Ill. Dec. 62 (Ill. Sept. 27, 1989) Brief Fact Summary. Respondent is an attorney who reached a settlement agreement with his client’s prior attorney for his misappropriation of his client’s funds rather than reporting him to the state bar association. Respondent is now being considered for disciplinary action for failing to inform the bar of this misconduct. Synopsis of Rule of Law. An attorney’s duty to report the misconduct of another member of the bar. ...
Hishon v. King & Spaulding
CitationHishon v. King & Spalding, 467 U.S. 69, 104 S. Ct. 2229, 81 L. Ed. 2d 59, 1984 U.S. LEXIS 7, 52 U.S.L.W. 4627, 34 Fair Empl. Prac. Cas. (BNA) 1406, 34 Empl. Prac. Dec. (CCH) P34,387 (U.S. May 22, 1984) Brief Fact Summary. Petitioner alleges that her failure to be promoted to partner at Defendant law firm was due to her gender, and has brought suit under Title VII. The lower court held that Title VII doesn’t apply to law partnerships; she appeals. Synopsis of Rule of Law. Title VII prohibits discrimination by employers in the context of any contractual employer/employee rela ...
Murphy & Demory, Ltd. v. Murphy
Citation1994 WL 1031072 (Va. Cir. Ct. 1994) View this case and other resources at: Brief Fact Summary. A firm is charged with malpractice relating to an attorney’s failure to heed warnings from junior partners that the firm should not be representing a client with interests in both parties in this litigation. Synopsis of Rule of Law. Firms with deficient internal mechanisms for the resolution of ethical issues may be liable for malpractice. A safe harbor is available under the Rules only if a supervisory attorney provides a “reasonable resolution of an arguable question of prof ...
Shapero v. Kentucky Bar Ass
CitationShapero v. Kentucky Bar Ass’n, 486 U.S. 466, 108 S. Ct. 1916, 100 L. Ed. 2d 475, 1988 U.S. LEXIS 2585, 56 U.S.L.W. 4532, 1988-1 Trade Cas. (CCH) P68,063 (U.S. June 13, 1988) Brief Fact Summary. Petitioner wished to have the right to mail solicitations to “potential clients” drawn from a list of people who had recently had a foreclosure suit filed against them. The Kentucky Bar Association denied this request, and he now appeals. Synopsis of Rule of Law. A blanket prohibition on lawyer advertising is a direct violation of the First Amendment protections afforded to c ...
Unauthorized Practice of Law Committee v. Parsons Technology, Inc
CitationUnauthorized Practice of Law Committee of Supreme Court v. Employers Unity, Inc., 716 P.2d 460, 1986 Colo. LEXIS 529 (Colo. Mar. 31, 1986) Brief Fact Summary. Defendants’ software product, designed to assist users in filling out basic legal forms, is challenged as an unauthorized practice of law in Texas. Synopsis of Rule of Law. Software products that actively assist users in filling out simple legal forms may constitute an unauthorized practice of law. ...
Strickland v. Washington
CitationStrickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674, 1984 U.S. LEXIS 79, 52 U.S.L.W. 4565 (U.S. May 14, 1984) Brief Fact Summary. Respondent Strickland, a prisoner on death row challenging his conviction and sentence, argues that he would not have been sentenced to death but for his court-appointed attorney’s poor trial strategy. Synopsis of Rule of Law. The Court refined the Sixth Amendment’s “assistance of counsel” standard, holding that to be truly “ineffective assistance,” counsel’s performance must be (1) deficient ...
Lucas v. Hamm
CitationLucas v. Hamm, 56 Cal. 2d 583, 364 P.2d 685, 15 Cal. Rptr. 821, 1961 Cal. LEXIS 321 (Cal. 1961) Brief Fact Summary. Intended beneficiaries of a will drafted by Defendant allege that its negligent drafting deprived them of a substantial benefit. Synopsis of Rule of Law. Lawyers drafting documents on behalf of a testator owe a duty of care to the intended beneficiaries as well as the testator. ...