18 Cited authorities

Richardson v. Marsh
481 U.S. 200 (1987) Cited 3,813 times 7 Legal Analyses
Holding codefendant’s confession that "was not incriminating on its face," but "became so only when linked with evidence introduced later at trial," to "fall outside" narrow Bruton exception
Bruton v. United States
391 U.S. 123 (1968) Cited 8,992 times 26 Legal Analyses
Holding that the Sixth Amendment's Confrontation Clause is violated when the court admits an incriminating out-of-court statement by a nontestifying codefendant
Bourjaily v. United States
483 U.S. 171 (1987) Cited 2,771 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
Doyle v. Ohio
426 U.S. 610 (1976) Cited 4,460 times 17 Legal Analyses
Holding that the prosecution may not use a defendant's silence against him after he has received government assurances
Lilly v. Virginia
527 U.S. 116 (1999) Cited 1,130 times 11 Legal Analyses
Holding that statements against penal interest "are suspect insofar as they inculpate other persons" and that "the absence of a promise of leniency to [a declarant] does not enhance his statement's reliability to the level necessary for their untested admission"
Gray v. Maryland
523 U.S. 185 (1998) Cited 883 times 6 Legal Analyses
Holding confession redactions that obviously refer to defendant fall within Bruton ’s protective rule
United States v. Grinnell Corp.
384 U.S. 563 (1966) Cited 2,673 times 6 Legal Analyses
Holding a series of three acquisitions "eliminated any possibility of an outbreak of competition" and thereby "perfected the monopoly power to exclude competitors and fix prices."
Cruz v. New York
481 U.S. 186 (1987) Cited 660 times 4 Legal Analyses
Holding error may be harmless where co-defendant's statement is duplicative of defendant's
Krulewitch v. United States
336 U.S. 440 (1949) Cited 993 times 6 Legal Analyses
Holding that an out-of-court statement of one conspirator may be admitted against his fellow conspirator only if the statements were "made pursuant to and in furtherance of objectives of the conspiracy charged"
United States v. Hodges
770 F.2d 1475 (9th Cir. 1985) Cited 61 times
Holding an error is harmless if "it is more probable than not that the erroneous admission of the evidence did not affect the jury's verdict"
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 62,198 times 187 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 23,110 times 85 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.
Fed. R. Evid. 404 Cited 17,057 times 66 Legal Analyses
Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,776 times 36 Legal Analyses
Noting that evidence is relevant if it has any tendency to make a material fact more or less probable
Rule 104 - Preliminary Questions
Fed. R. Evid. 104 Cited 3,389 times 13 Legal Analyses
Noting that, in making preliminary determinations relevant to admissibility, "the court is not bound by evidence rules, except those on privilege"
Section 23152 - Unlawful driving under the influence
Cal. Veh. Code § 23152 Cited 3,005 times 1 Legal Analyses
Driving under the influence
Rule 105 - Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
Fed. R. Evid. 105 Cited 646 times 1 Legal Analyses
Recognizing district court's power to admit evidence for a limited purpose

USA v. Azano Matsura et al

18 Cited authorities

Holding codefendant’s confession that "was not incriminating on its face," but "became so only when linked with evidence introduced later at trial," to "fall outside" narrow Bruton exception

Holding that the Sixth Amendment's Confrontation Clause is violated when the court admits an incriminating out-of-court statement by a nontestifying codefendant

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

Holding that the prosecution may not use a defendant's silence against him after he has received government assurances

Holding that statements against penal interest "are suspect insofar as they inculpate other persons" and that "the absence of a promise of leniency to [a declarant] does not enhance his statement's reliability to the level necessary for their untested admission"

Holding confession redactions that obviously refer to defendant fall within Bruton ’s protective rule

Holding a series of three acquisitions "eliminated any possibility of an outbreak of competition" and thereby "perfected the monopoly power to exclude competitors and fix prices."

Holding error may be harmless where co-defendant's statement is duplicative of defendant's

Holding that an out-of-court statement of one conspirator may be admitted against his fellow conspirator only if the statements were "made pursuant to and in furtherance of objectives of the conspiracy charged"

Holding an error is harmless if "it is more probable than not that the erroneous admission of the evidence did not affect the jury's verdict"

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

Noting that evidence is relevant if it has any tendency to make a material fact more or less probable

Noting that, in making preliminary determinations relevant to admissibility, "the court is not bound by evidence rules, except those on privilege"

Driving under the influence

Recognizing district court's power to admit evidence for a limited purpose