31 Cited authorities

Neder v. United States
527 U.S. 1 (1999) Cited 4,973 times 31 Legal Analyses
Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
Napue v. Illinois
360 U.S. 264 (1959) Cited 4,844 times 18 Legal Analyses
Holding that the prosecution violates due process when it knowingly offers or fails to correct false or misleading testimony
Carpenter v. United States
484 U.S. 19 (1987) Cited 625 times 26 Legal Analyses
Holding "[t]he [Wall Street] Journal had a property right in keeping confidential and making exclusive use, prior to publication, of the schedule and contents of the ‘Heard’ column" and that "it is sufficient that the Journal has been deprived of its right to exclusive use of the information, for exclusivity is an important aspect of confidential business information and most private property for that matter "
Giles v. Maryland
386 U.S. 66 (1967) Cited 518 times 1 Legal Analyses
Concluding that convictions should not be reversed where nondisclosed information is "merely repetitious, cumulative, or embellishing of facts otherwise known to the defense or presented to the court"
U.S. v. Spinney
65 F.3d 231 (1st Cir. 1995) Cited 126 times 2 Legal Analyses
Holding evidence sufficient to show aider-and-abetter defendant knew principal would be armed when defendant helped plan bank robbery and “scheme called for a lone robber to enter a bank during business hours with the intent of looting it”
U.S. v. Woodward
149 F.3d 46 (1st Cir. 1998) Cited 105 times
Holding that, on such a challenge, an appellate court will not weigh the credibility of witnesses
U.S. v. Connolly
504 F.3d 206 (1st Cir. 2007) Cited 74 times
Holding that "evidentiary hearings on new trial motions in criminal cases are the exception rather than the rule"
U.S. v. Wihbey
75 F.3d 761 (1st Cir. 1996) Cited 103 times
Holding that warrantless entry into premises was justified in course of drug dealing sting operation because probable cause existed to arrest owner of premises and the delay of obtaining a warrant would cause defendant to become suspicious and possibly flee or conceal or destroy evidence
U.S. v. Rossomando
144 F.3d 197 (2d Cir. 1998) Cited 84 times 2 Legal Analyses
Finding no ultimate harm charge improper where defense was not that defendant thought that there would be no ultimate harm, but rather that defendant thought that there would be no harm at all
U.S.A. v. Mangual-Garcia
505 F.3d 1 (1st Cir. 2007) Cited 62 times
Finding that a specific instruction to disregard testimony was sufficient to cure claimed prosecutorial misconduct
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,863 times 261 Legal Analyses
Adopting the Daubert standard
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,702 times 82 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,197 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,452 times 104 Legal Analyses
Relating to mail fraud
Section 1031 - Exchange of real property held for productive use or investment
26 U.S.C. § 1031 Cited 731 times 78 Legal Analyses
Providing for the nonrecognition of gain from exchanges of investment property for other investment property of like kind

USA v. Carpenter

31 Cited authorities

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

Holding that the prosecution violates due process when it knowingly offers or fails to correct false or misleading testimony

Concluding that convictions should not be reversed where nondisclosed information is "merely repetitious, cumulative, or embellishing of facts otherwise known to the defense or presented to the court"

Holding evidence sufficient to show aider-and-abetter defendant knew principal would be armed when defendant helped plan bank robbery and “scheme called for a lone robber to enter a bank during business hours with the intent of looting it”

Holding that, on such a challenge, an appellate court will not weigh the credibility of witnesses

Holding that "evidentiary hearings on new trial motions in criminal cases are the exception rather than the rule"

Holding that warrantless entry into premises was justified in course of drug dealing sting operation because probable cause existed to arrest owner of premises and the delay of obtaining a warrant would cause defendant to become suspicious and possibly flee or conceal or destroy evidence

Finding no ultimate harm charge improper where defense was not that defendant thought that there would be no ultimate harm, but rather that defendant thought that there would be no harm at all

Finding that a specific instruction to disregard testimony was sufficient to cure claimed prosecutorial misconduct

Adopting the Daubert standard

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

Holding that such a statement must merely be made by the party and offered against that party

Relating to mail fraud

Providing for the nonrecognition of gain from exchanges of investment property for other investment property of like kind