Evidence & Trials

• Author: Matthew G. Kaiser
• Pages: 31-104

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Evidence and

Trials

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Evidence and

Trials

§3:00 Evidence and

Trials

I. How Your Past Is Used Against You at Trial

§3:01 The Bad Things You’ve Done Can Make You

Look Bad

§3:02 The Government Convicts a Man in a Drug

Conspiracy Case Without Evidence That He

Was Involved in a Drug Conspiracy, and the

D.C. Circuit Reverses

§3:03 The Past Can Catch Up With You: Rule 404(b)

and a New Trial in North Dakota

II. Experts at Trial

§3:04 A Tale of Two Circuits

§3:05 The Government Can’t Use an Expert to

Introduce Prior Law Enforcement Contacts at

Trial, According to the Ninth Circuit

III. That’s Just Not Fair

§3:06 The First Circuit on Police Providing Information

to Drug Dealers: You’re Only in a Federal Drug

Conspiracy If You Know It’s a Federal Drug

Conspiracy

§3:07 Summary Evidence and White-Collar Crimes:

The Tenth Circuit Says You Can’t Summarize

What Isn’t in Evidence

§3:08 The First Circuit Reverses for Multiple Evidentiary

Errors

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Criminal Defense Victories in the Federal Circuits

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Evidence and

Trials

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Evidence and

Trials

§3:09 The Second Circuit Grants a New Trial:

Why Market Movements Should Come

With Cliff’s Notes

§3:10 The Fifth Circuit Affirms a Grant of a New Trial in

a Case of Texas Family Backstabbing

§3:11 Club Rules, Prejudicial Evidence, and Hard

Distinctions About Child Pornography

§3:12 The Ninth Circuit Sends a Memo to Prosecutors

About Closing Arguments

IV. The Constitution at Trial

§3:15 The Confrontation Clause, Business Records,

and Child Pornography

§3:16 The Third Circuit Holds That a Jury Can’t Infer

Intent From Constitutionally Protected Silence

§3:17 The Sixth Circuit Gives the Sixth Amendment’s

Speedy Trial Right Teeth

§3:1 8 The Seventh Circuit on the Possibility of Race-Based

Jury Strikes by an African-American Prosecutor

§3:19 Dismiss a Case Because of a Speedy Trial Act

Violation? Not So Fast

§3:20 A Lot of Federal Criminal Law and Procedure

in One Opinion: The D.C. Circuit Gives a Lot of

Bang for the Buck

V. Trial Strategy

§3:21 The Fourth Circuit Makes Testifying at Trial in

One’s Own Defense Ever So Slightly Less of a

Roll of the Dice

§3:22 The Sixth Circuit Lets a Jury Hear About the

Accident of Federal Jurisdiction in a Michigan

Swamp Murder

§3:23 A Clever Defendant in the Ninth Circuit Wins,

Then Loses, Arguing Double Jeopardy

§3:24 The Ninth Circuit Remands for a Third Trial in an

Illegal Reentry Case

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Evidence and Trials

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Evidence and

Trials

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Evidence and

Trials

VI. The Jury Got It Wrong

§3:25 Do People Convicted of White-Collar Crimes

Have the Most to Gain From the Supreme

Court’s Recent Decisions on Ineffective

Assistance of Counsel?

§3:26 What You Tell Your Mother Can Be Used at Your

Trial (Though, in This Case, That’s a Good Thing)

§3:27 The Fourth Circuit Sends a Cockfighting Case

Back for Retrial Because of Wikipedia

§3:28 Business Crimes Can’t Be Proven Just by the

Company You Keep; the Sixth Circuit Reverses

for Insufficient Evidence

§3:29 Judge Posner, Heraclitus, and the Chicago Mob

§3:30 Federal Conspiracy Law and the Tenth Circuit;

or, How Many Conspiracies Can One Man Be a

Part of?

§3:31 An Internet Child Pornography Sting in the

Eleventh Circuit: Obstruction of Justice Has

More Stringent Pleading Requirements

§3:32 Collateral Estoppel in a Criminal Case: If You

Might Be a Citizen Once, You Might Be a Citizen

Forever

§3:33 The First Circuit Vacates a Conspiracy

Conviction

§3:34 The First Circuit Reverses (One Count of) a

Conviction

§3:35 Why the Government Has to Prove They Don’t

Make Computers in Iowa

VII. Evidence of Fraud

§3:36 A Fuzzy Stipulation Vacates a Conviction in a

Bankruptcy Fraud Trial in the First Circuit Court of

Appeals

§3:3 7 The CFTC and Department of Justice Are the Same

Party for a Hearsay Rule, Says the Seventh Circuit