46-05 Nixon v. Garciaparra62 DownloadsYear: 2022 (Vol. 46) Topic(s): Evidence Question presented: Whether a court may look at evidence that was available but not presented at trial when analyzing new evidence supporting an actual innocence claim. Format: Word and PDF Prepared by: Jack Gilligan
13 – United States v. Jesse Greenman55 DownloadsYear: 2021 (Vol. 45) Topics: Evidence Question(s) presented: Whether crimes, wrongs, or other acts offered to prove a defendant’s mental state can be admitted under Federal Rule of Evidence 404(b)(2) when the defendant does not actively dispute mental state. Format: Word and PDF Prepared by: Sarah Winslow Download Read more about 13 – United States v. Jesse Greenman[…]
14 – Jorge Reyes Garza v. United States24 DownloadsYear: 2021 (Vol. 45) Topics: Evidence / Criminal Procedure Question(s) presented: Whether fingerprints procured in violation of the Criminal Fourth Amendment may be suppressed in an illegal reentry prosecution under 8 U.S.C. § 1326. Format: Word and PDF Prepared by: Muriel Carpenter Download Link for Chrome (open Read more about 14 – Jorge Reyes Garza v. United States[…]
Tim Sharpe v. United States83 DownloadsYear: 2018 (Vol. 42) Topics: Evidence Question(s) presented: Whether evidence of or about a prior conviction pursuant to a plea of nolo contenderecan be admitted in a criminal case as prior acts evidence under Rule 404(b) of the Federal Rules of Evidence. Format: Word and PDF Prepared by: Christopher Bhutani
United States of America v. Laura Kinney136 DownloadsYear: 2016 (Vol. 40) Topics: Evidence, Constitutional Law Question(s) presented: (1) Whether the Thirteenth Circuit properly found that the District Court was correct in finding the rap lyrics were admissible under Fed. R. Evid. 404(b) but that the District Court erred in denying the motion in limine under Fed. R. Read more about United States of America v. Laura Kinney[…]
Neff v. United States150 DownloadsYear: 2015 (Vol. 39). Topics: Evidence; Sixth Amendment Questions presented: Whether Federal Rule of Evidence 803(3) permits a declarant’s hearsay statement to be admitted to prove the future conduct of a person other than the declarant; If so, whether such a statement violates the Confrontation Clause as testimonial evidence not subject to Read more about Neff v. United States[…]
Jones v. United States32 DownloadsYear: 2010 (Vol. 34). Topic: Evidence. Question: Whether the exclusion of expert testimony on eyewitness identifications under Rule 702 and Rule 403 of the Federal Rules of Evidence constitutes an abuse of discretion when a majority of the evidence against a criminal defendant is eyewitness testimony. Format: PDF.
Dent v. United States31 DownloadsYear: 2009 (Vol. 33). Topic: Evidence. Question: Whether Rule 606(b) of the Federal Rules of Evidence prohibits a juror from testifying during a post-verdict hearing about whether outside influences affected her ability to be impartial. Format: PDF.