Evidence

The Federal Docket

United States v. David Pon (11th Cir. June 2020)

Evidence/Expert Testimony – Expert testimony discussing a theory that lacks sufficient testing, known or potential error rates, control standards, acceptance among the science community, and a connection between the theory and the underlying research is sufficiently unreliable to be excluded. Further, a peer-reviewed paper mentioning the theory is insufficient alone to prove reliability. Evidence/Rebuttal – …

United States v. David Pon (11th Cir. June 2020) Read More »

United States v. Mikel Clotaire (11th Cir. June 2020)

The Court affirmed the defendant’s convictions for identity theft and access device fraud. The Court affirmed the trial court’s admission of photographic stills from ATM video surveillance, holding that they were non-testimonial business records. The trial court also did not err in allowing lay witness identification, expert witness testimony, or the admission of the defendant’s mugshot where there was no indication of his prior criminal history.

United States v. Darius Caldwell (11th Cir. June 2020)

The Court affirmed the defendant’s conviction for armed bank robbery and related firearm charges, holding that the a trial court’s admission of unduly suggestive out-of-court identifications is not reversible error where the identification is otherwise reliable, there was sufficient evidence that the bank was federally insured, and new DNA testimony regarding deviations between the witness’s testimony and the FBI’s guidelines on DNA evidence would not likely change the outcome of the trial.

United States v. Michael Pedro Andres (11th Cir. June 2020)

The Court held that the district court did not err in refusing to consider the defendant’s untimely motion to suppress, since the defendant’s failure was based on a strategic decision. Moreover, the sentencing court did not err in refusing to grant a downward departure for acceptance of responsibility where the defendant challenge his factual guilt throughout the proceedings and at trial.

United States v. Surmondrea McGregor (11th Cir. June 2020)

The Court affirmed the defendant’s convictions for unlawful possession of unauthorized access devices and aggravated identity fraud, holding that it was not an abuse of discretion for the court to admit evidence of a firearm owned by the defendant. The evidence was relevant to the defendant’s possession of the unauthorized access devices because the firearm was found within close proximity of the access devices and within the same small area, and the probative value outweighed any undue prejudice, especially since the government did not indicate to the jury that the firearm was unlawfully owned.

United States v. Dustin McLellan (11th Cir. May 2020)

Evidence/Expert Testimony – An officer is not testifying as an expert when he testifies that firearms are often involved in drug activity where such lay opinion testimony is based on his professional experiences. Evidence/Rule 403 – Evidence of drug distribution and possession is relevant in unlawful possession of firearm cases where the element of knowledge …

United States v. Dustin McLellan (11th Cir. May 2020) Read More »

United States v. Oniel Russell (11th Cir. May 2020)

The Court vacated the defendant’s conviction for unlawful possession of a firearm by an unlawful immigrant. The Court held that the district court’s pre-Rehaif order excluding the defendant’s immigration applications and evidence that he believed he was legally in the U.S. amounted to plain error given the Supreme Court’s opinion in Rehaif. The Court further held that the defendant was prejudiced by not being able to introduce this evidence given his consistent arguments in pre-trial and sentencing proceedings that he believed he was legally in the U.S.

United States v. John Terry Chatman, Jr. (8th Cir. March 2020)

The Court reversed the defendant’s conviction for obstruction of justice by attempting to kill a witness where the evidence showed that the defendant shot at an officer “out of frustration and retaliation” and not with the intent of “preventing a communication about the commission of a federal offense” to other other officers.

United States v. Martin Johnson (4th Cir. December 2019)

The Court held that a district court does not plainly err by failing to give a limiting instruction when admitting 404(b) evidence in the absence of a defendant’s request for such an instruction. Additionally, the Court held that robbery possession of a controlled substance with intent to distribute under Maryland law are predicate “violent felonies” under the ACCA.

United States v. Dane Gillis (11th Cir. September 2019)

The Court affirmed the defendant’s convictions for enticing a minor under § 2422(b) but reversed his conviction under § 373 for solicitation to commit a crime of violence, holding that kidnapping under § 1201(a) is not a “crime of violence” under the categorical approach applicable to § 373. The Court also held that the defendant’s right to a complete defense was not violated by the trial court’s proper rulings on the inadmissibility of the defense experts’ testimony.

Scroll to Top