48 Cited authorities

Davis v. Alaska
415 U.S. 308 (1974) Cited 5,692 times 11 Legal Analyses
Holding that this confrontation right is applicable to state and federal defendants alike
U.S. v. Carboni
204 F.3d 39 (2d Cir. 2000) Cited 283 times
Holding the district court was correct in concluding "that the evidence was admissible . . . because the evidence tended to show [the defendant] acted purposefully rather than out of ignorance or mistake when he committed the charged conduct"
National Union v. L.E. Myers Co. Group
937 F. Supp. 276 (S.D.N.Y. 1996) Cited 266 times
Holding that when a motion is too sweeping for the Court to decide before trial, "the Court will reserve judgment on the motion until trial when admission of particular pieces of evidence is in an appropriate factual context"
U.S. v. Gonzalez
110 F.3d 936 (2d Cir. 1997) Cited 237 times
Holding that evidence of bad acts is admissible under Federal Rule of Evidence 404(b) if it is "`necessary to complete the story of the crime on trial'"
Gordon v. United States
344 U.S. 414 (1953) Cited 252 times
In Gordon v. United States, 344 U.S. 414, the petitioners had shown that written statements given to government agents by a key government witness contradicted the witness' trial testimony.
U.S. v. Cardascia
951 F.2d 474 (2d Cir. 1991) Cited 238 times
Holding a resignation letter to be inadmissible hearsay because, "[u]nlike a legally operative statement . . . [it's] significance does not lie solely in the fact that it was made[, but rather] the letter was sought to be introduced to prove the truth of the matter asserted, that is, Martorelli resigned as assistant vice-president of the bank. . . ."
Shepard v. United States
290 U.S. 96 (1933) Cited 415 times 3 Legal Analyses
Holding that hearsay testimony regarding the declarant's intended future acts or present state of mind is admissible
U.S. v. Caracappa
614 F.3d 30 (2d Cir. 2010) Cited 136 times
Finding "no error in the district court's findings that defendants had expressly or impliedly suggested that [witness's] testimony was fabricated because of his desire to get out of prison," nor in finding that the statement, "made while [witness] was on the lam and some two years before he was arrested, was made before [witness] had a motive to fabricate."
U.S. v. Payton
159 F.3d 49 (2d Cir. 1998) Cited 172 times
Holding courts can look beyond the elements of the offense to determine whether the conviction rested upon facts establishing dishonesty or false statement.
United States v. Figueroa
618 F.2d 934 (2d Cir. 1980) Cited 276 times
Holding that in a Rule 404(b) analysis, Rule 403 "oblige the trial court to assess the probative value of every prior conviction offered in evidence and the remoteness of a conviction, whatever its age, is always pertinent to this assessment"
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,526 times 81 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 19,107 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.
Fed. R. Evid. 404 Cited 16,678 times 65 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 13,398 times 34 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 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,666 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,658 times 10 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
Rule 608 - A Witness's Character for Truthfulness or Untruthfulness
Fed. R. Evid. 608 Cited 2,992 times 16 Legal Analyses
Assuming it was otherwise admissible
Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence
Fed. R. Evid. 611 Cited 1,889 times 7 Legal Analyses
Granting trial judge broad discretion to control witness examination

USA v. Skelos et al

48 Cited authorities

Holding that this confrontation right is applicable to state and federal defendants alike

Holding the district court was correct in concluding "that the evidence was admissible . . . because the evidence tended to show [the defendant] acted purposefully rather than out of ignorance or mistake when he committed the charged conduct"

Holding that when a motion is too sweeping for the Court to decide before trial, "the Court will reserve judgment on the motion until trial when admission of particular pieces of evidence is in an appropriate factual context"

Holding that evidence of bad acts is admissible under Federal Rule of Evidence 404(b) if it is "`necessary to complete the story of the crime on trial'"

In Gordon v. United States, 344 U.S. 414, the petitioners had shown that written statements given to government agents by a key government witness contradicted the witness' trial testimony.

Holding that hearsay testimony regarding the declarant's intended future acts or present state of mind is admissible

Holding courts can look beyond the elements of the offense to determine whether the conviction rested upon facts establishing dishonesty or false statement.

Holding that in a Rule 404(b) analysis, Rule 403 "oblige the trial court to assess the probative value of every prior conviction offered in evidence and the remoteness of a conviction, whatever its age, is always pertinent to this assessment"

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

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

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"

Recognizing exception to rule against hearsay for records of regularly conducted activities

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

Assuming it was otherwise admissible

Granting trial judge broad discretion to control witness examination