53 Cited authorities

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"
Strickler v. Greene
527 U.S. 263 (1999) Cited 6,412 times 20 Legal Analyses
Holding that a newspaper article detailing that a witness had been interviewed by the police did not suffice to put a defendant's lawyer on notice that records and evidence concerning the witness existed and had been suppressed
Kyles v. Whitley
514 U.S. 419 (1995) Cited 7,292 times 36 Legal Analyses
Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense
Brady v. Maryland
373 U.S. 83 (1963) Cited 43,778 times 133 Legal Analyses
Holding that the prosecution violates due process when it suppresses material, favorable evidence
Giglio v. United States
405 U.S. 150 (1972) Cited 12,318 times 29 Legal Analyses
Holding that prosecution must disclose all information or material that may be used to impeach the credibility of prosecution witnesses where witness's credibility is "an important issue in the case"
United States v. Santos
553 U.S. 507 (2008) Cited 954 times 7 Legal Analyses
Holding that when the government alleges that the defendant laundered the "proceeds" of an illegal gambling business, the government must prove that the laundering transactions involved the profits of the business, rather than its gross receipts
In re U.S.
267 F.3d 132 (2d Cir. 2001) Cited 756 times 1 Legal Analyses
Holding that "as a general rule, Brady and its progeny do not require immediate disclosure of all exculpatory and impeachment material upon request by a defendant"; Constitution requires only that government disclose impeachment evidence "in time for its effective use at trial"
U.S. v. Rittweger
274 F. App'x 78 (2d Cir. 2008) Cited 256 times
Holding no error joining defendants although there was no connection between two of the defendants who were involved in different conspiracies where there was at least a tenuous connection between the conspiracies
U.S. v. Bortnovsky
820 F.2d 572 (2d Cir. 1987) Cited 466 times 1 Legal Analyses
Holding that the standard of review of a decision denying a bill of particulars is abuse of discretion
Leka v. Portuondo
257 F.3d 89 (2d Cir. 2001) Cited 277 times 1 Legal Analyses
Holding that "the prosecution failed to make sufficient disclosure [of a witness' testimony] in sufficient time to afford the defense an opportunity for use" and therefore that "testimony was 'suppressed' by the prosecution"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,081 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,819 times 259 Legal Analyses
Adopting the Daubert standard
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,499 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,706 times 11 Legal Analyses
Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court
Section 3500 - Demands for production of statements and reports of witnesses
18 U.S.C. § 3500 Cited 5,379 times 6 Legal Analyses
Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial
Section 981 - Civil forfeiture
18 U.S.C. § 981 Cited 3,736 times 33 Legal Analyses
Adopting 19 U.S.C. § 1602 et seq.
Section 2461 - Mode of recovery
28 U.S.C. § 2461 Cited 3,184 times 25 Legal Analyses
Authorizing criminal forfeiture where civil forfeiture is permitted in connection with a criminal offense
Section 982 - Criminal forfeiture
18 U.S.C. § 982 Cited 2,176 times 19 Legal Analyses
Allowing forfeiture as part of the court "imposing sentence on a person convicted of an offense"

USA v. Collins

53 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that a newspaper article detailing that a witness had been interviewed by the police did not suffice to put a defendant's lawyer on notice that records and evidence concerning the witness existed and had been suppressed

Holding the State's disclosure obligation turns on the cumulative effect of all suppressed evidence favorable to the defense

Holding that the prosecution violates due process when it suppresses material, favorable evidence

Holding that prosecution must disclose all information or material that may be used to impeach the credibility of prosecution witnesses where witness's credibility is "an important issue in the case"

Holding that when the government alleges that the defendant laundered the "proceeds" of an illegal gambling business, the government must prove that the laundering transactions involved the profits of the business, rather than its gross receipts

Holding that "as a general rule, Brady and its progeny do not require immediate disclosure of all exculpatory and impeachment material upon request by a defendant"; Constitution requires only that government disclose impeachment evidence "in time for its effective use at trial"

Holding no error joining defendants although there was no connection between two of the defendants who were involved in different conspiracies where there was at least a tenuous connection between the conspiracies

Holding that the standard of review of a decision denying a bill of particulars is abuse of discretion

Holding that "the prosecution failed to make sufficient disclosure [of a witness' testimony] in sufficient time to afford the defense an opportunity for use" and therefore that "testimony was 'suppressed' by the prosecution"

Requiring that fraud be pleaded with particularity

Adopting the Daubert standard

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court

Requiring the government to produce "any statement," including testimony provided before the grand jury, only after the witness has testified on direct examination at trial

Adopting 19 U.S.C. § 1602 et seq.

Authorizing criminal forfeiture where civil forfeiture is permitted in connection with a criminal offense

Allowing forfeiture as part of the court "imposing sentence on a person convicted of an offense"