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....
LEGAL BLOG
Search
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...
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One last followup to the unpublished Fourth Circuit case.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...
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As a followup to the recent unpublished Fourth Circuit case, the court described the legal requirements for an attempt of conspiracy to...
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In an unpublished opinion by the Fourth Circuit, the court describes the legal requirements for a conviction of conspiracy to distribute...
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...
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....
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In a recent unpublished Fourth Circuit Court of Appeals opinion (Raynor v. G4S), the court looked at a trial court who imposed a time...
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)
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...
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...
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...
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...