§Why CasetextPricing

United States of America v. Abdulmutallab

MOTION TO ADMIT EVIDENCE

36 Cited authorities

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,433 times   228 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  2. Kumho Tire Co. v. Carmichael

    526 U.S. 137 (1999)   Cited 12,683 times   30 Legal Analyses
    Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

  3. Bourjaily v. United States

    483 U.S. 171 (1987)   Cited 2,741 times   8 Legal Analyses
    Holding that trial judge may consider any evidence whatsoever, including the proffered hearsay statements, in determining whether statements are admissible under the co-conspirator exception to the hearsay rule

  4. Glenn v. Bartlett

    98 F.3d 721 (2d Cir. 1996)   Cited 601 times
    Holding that C.P.L. § 470.05 was adequate and independent state ground barring prosecutorial misconduct claim, even where state court discussed merits of claim

  5. U.S. v. Farhane

    634 F.3d 127 (2d Cir. 2011)   Cited 309 times
    Holding that rationale for admitting expert testimony regarding organized crime families "[d]espite the prevalence of organized crime stories in the news and popular media" "applies with equal force to terrorist organizations, including al Qaeda" (alteration in original)

  6. Pride v. BIC Corp.

    218 F.3d 566 (6th Cir. 2000)   Cited 383 times
    Holding that "[t]he failure of [plaintiff's] experts to test their hypotheses in a timely and reliable manner or to validate their hypotheses by reference to generally accepted scientific principles as applied to the facts of this case renders their testimony on [causation] unreliable and therefore inadmissible under Daubert and Federal Rules of Evidence 702 and 104"

  7. United States v. Odeh (In re Terrorist Bombings of U.S. Embassies in E. Africa)

    549 F.3d 146 (2d Cir. 2008)   Cited 247 times   1 Legal Analyses
    Holding that the district court was permitted to issue a protective order under CIPA limiting disclosure of classified information to persons with proper security clearance, and noting that "production of [classified] materials to a party's attorney alone falls within the common meaning of 'discovery,'" notwithstanding defendant's claim that counsel could not interpret evidence adequately

  8. U.S. v. Tocco

    200 F.3d 401 (6th Cir. 2000)   Cited 284 times
    Holding that the relevant conduct rules apply to the determination of "underlying racketeering activity"

  9. U.S. v. Tarantino

    846 F.2d 1384 (D.C. Cir. 1988)   Cited 307 times
    Holding that there is no constitutional right to hybrid representation, and affirming a conviction where the trial court told the defendant “that he had to choose between representing himself and being represented by appointed counsel”

  10. United States v. Lara

    181 F.3d 183 (1st Cir. 1999)   Cited 162 times
    Finding that 18 U.S.C. § 201(c) does not apply "to the federal sovereign qua prosecutor"

  11. Section 924 - Penalties

    18 U.S.C. § 924   Cited 66,099 times   187 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  12. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,819 times   259 Legal Analyses
    Adopting the Daubert standard

  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,180 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  14. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,179 times   49 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  15. Rule 104 - Preliminary Questions

    Fed. R. Evid. 104   Cited 3,314 times   12 Legal Analyses
    Noting that, in making preliminary determinations relevant to admissibility, "the court is not bound by evidence rules, except those on privilege"

  16. Section 2332b - Acts of terrorism transcending national boundaries

    18 U.S.C. § 2332b   Cited 1,943 times   2 Legal Analyses
    Defining "terrorist act" as conduct that, among other things, "creates a substantial risk of serious bodily injury to any other person"

  17. Section 2331 - Definitions

    18 U.S.C. § 2331   Cited 337 times   13 Legal Analyses
    Defining "domestic terrorism" to require this element

  18. Section 2332a - Use of weapons of mass destruction

    18 U.S.C. § 2332a   Cited 222 times   3 Legal Analyses
    Prohibiting the threatened, attempted, or actual use of a weapon of mass destruction

  19. Section 32 - Destruction of aircraft or aircraft facilities

    18 U.S.C. § 32   Cited 186 times   16 Legal Analyses
    Penalizing those who “willfully ... attempt or conspire to do anything prohibited under paragraphs through of this subsection”

  20. Section 1113 - Attempt to commit murder or manslaughter

    18 U.S.C. § 1113   Cited 126 times
    Making it a crime to attempt to commit murder within the special maritime and territorial jurisdiction of the United States