LEGAL BLOG

Everyday Evidence

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Apr 28, 2020

Civil Contempt in Federal Court

In a recent Fourth Circuit case (Consumer Fin. Prot. Bureau v. Klopp), the court reviewed a contempt proceeding held by a district court....

Bruton and non-testifying codefendant's statements inculpating other defendant

Daniel Coble

Apr 27, 2020

Bruton and non-testifying codefendant's statements inculpating other defendant

In a lengthy Fourth Circuit Court of Appeals case (United States v. Benson, No. 18-4539, 2020 WL 1966843 (4th Cir. Apr. 24, 2020)), the...

Objective conduct, subjective intent, and sham drugs

Daniel Coble

Apr 23, 2020

Objective conduct, subjective intent, and sham drugs

One last followup to the unpublished Fourth Circuit case. The court described the legal requirements for convicting someone of an...

"A substantial step is more than mere preparation but less than completion of the crime."

Daniel Coble

Apr 22, 2020

"A substantial step is more than mere preparation but less than completion of the crime."

As a followup to the recent unpublished Fourth Circuit case, the court described the legal requirements for an attempt of conspiracy to...

'Buyer-seller relationship' and conspiracy to distribute

Daniel Coble

Apr 21, 2020

'Buyer-seller relationship' and conspiracy to distribute

In an unpublished opinion by the Fourth Circuit, the court describes the legal requirements for a conviction of conspiracy to distribute...

Suppression hearing but no Franks hearing?

Daniel Coble

Mar 24, 2020

Suppression hearing but no Franks hearing?

When law enforcement uses a search warrant to obtain evidence and that evidence is used at trial, the defense will likely attempt to have...

4th Circuit: Certification not the only way to authenticate document ... FRE 901

Daniel Coble

Mar 23, 2020

4th Circuit: Certification not the only way to authenticate document ... FRE 901

In a recent Fourth Circuit case, the court had to determine if the trial court properly allowed in documents to prove a prior conviction....

A Chess Clock for Trial: 7.5 hours for each side

Daniel Coble

Mar 2, 2020

A Chess Clock for Trial: 7.5 hours for each side

In a recent unpublished Fourth Circuit Court of Appeals opinion (Raynor v. G4S), the court looked at a trial court who imposed a time...

FRE 1101: "wide discretion" for sentencing judge

Daniel Coble

Feb 26, 2020

FRE 1101: "wide discretion" for sentencing judge

In a recent Fourth Circuit case (United States v. Slager, 912 F.3d 224, 237 (4th Cir.), cert. denied, 139 S. Ct. 2679, 204 L. Ed. 2d 1080...

Daniel Coble

Jan 10, 2020

For the truth or another purpose?

United States v. Davis, 918 F.3d 397, 401 (4th Cir.), cert. denied, 140 S. Ct. 202, 205 L. Ed. 2d 103 (2019)

Is there a common law rule of completeness?

Daniel Coble

Dec 26, 2019

Is there a common law rule of completeness?

I blogged about this Fourth Circuit case earlier this year, but I must have skipped over the Rule 106 discussion. The defense attempted...

Does 'opening the door' trump Rule 609 and Rule 403

Daniel Coble

Dec 22, 2019

Does 'opening the door' trump Rule 609 and Rule 403

When a defendant presents favorable testimony about his character, the prosecution can likely rebut that testimony with contrary...

"Limiting Instructions" with 404(b) evidence

Daniel Coble

Dec 22, 2019

"Limiting Instructions" with 404(b) evidence

In a recent Fourth Circuit case, the court explains the use and need for limiting instructions whenever 404(b) evidence is introduced at...

What is a leading question? Federal Rule of Evidence 611(c)

Daniel Coble

Dec 12, 2019

What is a leading question? Federal Rule of Evidence 611(c)

Following up from the unpublished Fourth Circuit opinion earlier this week, the court addresses what is a leading question and if it is...

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