Posts tagged with: "410"
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22 Jul 2011, 3:02 pm by Lewis Gainor
Illinois governor Pat Quinn signed a law on July 22, 2011 that makes it a criminal offense to possess bath salts. Bath salts are also known as MDPV, and cause a hallucinogenic experience with the user. A woman in downstate Illinois died from an overdose of bath salts within the last year. Illinois is now part of a group of 11 states that outlaw the possession or distribution of the substance. The possession of bath salts is now a felony offense. Bath salts are considered a controlled substance, and… [read post]
24 May 2011, 5:23 pm by Lewis Gainor
A person with no experience in the criminal justice system will see that the courts make a distinction between felony and misdemeanor cases. In almost every courthouse in Illinois, felony cases are heard by a judge who hears only felony matters. The judge presiding over felony cases is usually a Circuit Judge. These judges are elected and considered to be senior to Associate Circuit Judges. The law in Illinois says that a felony offense as a penalty of one year or more incarceration. By contrast, a… [read post]
11 Oct 2011, 11:26 am by Editor
SecondCircuitBuilding3.jpg After the defense presented documentary evidence that a key government witness was not present during the commission of the alleged drug importation, the government could use the defendant’s proffer statements, which were otherwise protected under FRE 410, to rebut the defense factual assertions at trial, in United States v. Roberts, _ F.3d _ (2d Cir. Sept. 29, 2011) (No. 10-1230-CR) Read more [read post]
26 Apr 2012, 10:04 am by Editor
Latin_King_Graffiti.jpg A defendant’s statements to the case agent during a meeting were not barred by FRE 410, as part of plea discussions with the prosecutor because there was no "reasonable basis" for the defendant to believe the case agent’s remarks were made by or on behalf of the prosecutor, in United States v. Olson, __ F.3d __ (7th Cir. May 12, 2006) (Nos. 01-1772, 01-1800, 01-1891, 01-1949 & 01-2065) Read more [read post]
20 Jun 2012, 1:13 pm by Editor
NinthCircuitSF.Door__1.png Ninth Circuit and First Circuit have interpreted FRE 410, regarding the inadmissibility of pleas, plea discussions and related statements, to bar the introduction of a nolo contendere plea that resulted in a conviction except when evidence of a plea is used to prove something other than the underlying crime charged, in United States v. Nguyen, 465 F.3d 1128 (9th Cir. Oct. 18, 2006) (No. 06-30011) Read more [read post]
8 Feb 2011, 7:05 am by Editor
iStock_000000039011Medium.jpg Tenth Circuit affirms introduction of plea agreement statements after the guilty plea was withdrawn based on the waiver under FRE 410; in addressing an open issue, the Tenth Circuit joins with other circuits in admitting the statements during the government’s case in chief, in United States v. Mitchell, _ F.3d _ (10th Cir. Feb. 3, 2011) (No. 09-4141) Read more [read post]
29 Jun 2012, 7:34 pm by Editor
NATO_Ammunition.jpg In a conspiracy to commit government contract fraud case, not excluding a pre-indictment statement the defendant made to the prosecuting attorney which was later used to impeach the defendant's testimony at trial under FRE 410(a)(4); at the time the defendant made the statements, he could not have a reasonable expectation of negotiating a plea, even if he had subjectively thought that he could, in United States v. Merrill,… [read post]
1 Sep 2011, 8:47 am by Editor
iStock_000000100546_L2.jpg Admitting recording of an alleged jail house communication in which the defendant asked his sister on a phone line (that he knew was monitored and recorded by the Bureau of Prisons) to tell their brother to inform the defendant's attorney that the defendant wanted to discuss "cop[ping] out" a plea prior to his indictment in a cocaine distribution conspiracy, finding FRE 410 inapplicable as it was not a statement… [read post]
10 Sep 2013, 11:32 am by Editor
EighthCircuitSeal.png While plea statements are normally inadmissible against a defendant, the plea agreement factual basis, which was later withdrawn, was properly admitted against the defendant during trial based on his waiver of the protections under FRE 410, in United States v. Washburn, _ F.3d _ (8th Cir. Aug. 27, 2013) (No. 12-3080) Read more [read post]
8 Sep 2010, 4:35 am by Karel.Frielink
Court of Justice of the European Union (8 September 2010): “The public monopoly of the organisation of sporting bets and lotteries in Germany does not pursue the objective of combating the dangers of gambling in a consistent and systematic manner” (click here for more). See also my posting of 8 January 2008: ‘New German Gaming Law in Violation with EU Law‘. Karel Frielink (8 September 2010) . [read post]
23 Sep 2009, 1:11 pm
The NYSACDL is holding its Fall Federal Criminal Practice Seminar tomorrow at the Southern District courthouse from 2:00 to 5:00 p.m.  With presentations on proffers, restitution and forfeiture, and innovative approaches to sentencing (not to mention 3 CLE credits), it promises to be an afternoon well-spent.  More information is available here.  To tie in with that program, I wrote an article for the NYSACDL's newsletter on the pitfalls of proffers.  You can access that here.  [read post]
26 Jul 2013, 7:24 am by Editor
SecondCircuitMap.png Second Circuit affirms the exclusion of defense evidence that the defendant rejected a chance to plead guilty which was consistent with his belief of his innoence; not only did the evidence "“lack[] any probative value,” it would have been misleading and confusing to the jury, in United States v. Goffer, _ F.3d _ (2d Cir. July 1, 2013) (No. 11–3591–cr(L) Read more [read post]
2 Aug 2013, 8:34 pm by Editor
EighthCircuitSeal.png In a "close" case, Eight Circuit considers exclusion of the defendant's recorded telephone call with his mother discussing “whether he should plead guilty” under FRE 403; there was no dispute that the call was probative; the sole issue concerned whether the recorded conversation "was substantially outweighed by [1] the danger of unfair prejudice, [2] confusion of the issues, or [3] misleading the jury," in… [read post]
22 Oct 2013, 8:01 am by Editor
FifthCircuitMap.png In noting that “[t]he mere appearance of an attorney testifying against a former client[] . . . is distasteful and should only be used in rare instances,” Fifth Circuit concludes that the testimony of former defense counsel concerning the circumstances in which the defendant signed a plea agreement, which was not consummated in court, violated the attorney-client privilege; however, the error was harmless since… [read post]
10 Oct 2011, 4:48 pm by Bryan Fears
David Morgan, a middle-aged San Antonio man, died tragically Saturday night when he lost control of his Cadillac SUV while driving on Loop 410. Morgan’s vehicle slammed into a culvert and flipped, throwing the driver through the car’s glass roof to a freeway ramp. Medical experts reported that Morgan died from multiple blunt force injuries.   Fears | Nachawati regularly handles the personal injury and property damage claims associated with SUVs that roll or flip. A low center of gravity and… [read post]
20 Feb 2013, 10:56 am by Editor
SeventhCircuitMap.png In child pornography sentencing, FRE 410(a)(4) did not preclude the court's use of the defendant's “pre-sentencing [hand-]written allocution" to the sentencing judge, which contained the “most damning evidence of distribution” to support "aggravation of his sentence”; the defendant's “letter to the District Judge could be used in evidence because it was not ‘a statement made during plea… [read post]
3 Jan 2012, 9:14 pm by Editor
2011.Calendar.png With the conclusion of 2011, we take this opportunity to review some of the noteworthy evidence issues during the past year. While it is challenging to offer a definitive list, we offer our ten key evidence issues from 2011, which are not ranked in any particular order. The issues ranged from amendments to the FRE, areas of circuit consensus, the Confrontation Clause, and more. Read more [read post]
2 Jan 2013, 9:00 pm by Editor
2012.calendar.png The conclusion of 2012 offers a chance to highlight some of the noteworthy evidence issues over the past year. While it remains a challenge to offer a definitive list, we offer the following ten key evidence issues from 2012, which are not ranked in any particular order. As in the past, we welcome comments and other suggestions. Read more [read post]
18 Jun 2013, 11:59 pm by Editor
8thCirc_Seal.jpg Does a request to cooperate with the government protect the defendant's subsequent statements made to the government? Eighth Circuit affirms the admission of the defendant’s offer to cooperate with a DEA agent after a search warrant was executed at the defendant's residence (the defendant told the officer that he would consider cooperating with the DEA, claiming “he could in fact arrange a large marijuana… [read post]
3 May 2013, 12:36 pm by Jason
Two men died this morning, in what was a horrible, three-vehicle mess of metal and concrete. A man driving his pickup east on State Route 410 reportedly lost control of his vehicle and hit the Jersey barrier that divides the east and westbound lanes. He jumped the barrier and crashed into a westbound Ford Focus. After that collision, a dump truck also heading westbound and traveling with a full load of gravel, crashed into the pickup and Focus. The drivers of the pickup and Focus, both males, died… [read post]