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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Nov 01, 2006

United States v. Henderson

Defendant Henderson, facing a triple-murder drug racketeering capital case, invoked 18 U.S.C. § 3432, seeking a list of witnesses and their addresses. The Government provided witness names but withheld addresses for 27 individuals, citing safety concerns as permitted by the statute. After a hearing on October 30, 2006, the Court, presided over by District Judge Owen, found sufficient evidence that disclosing the addresses could jeopardize the life or safety of witnesses and jurors, given the violent nature of the alleged crimes by the 'Murder Unit' drug gang. The Court noted the defendants' alleged involvement in a triple throat-slitting homicide during a drug robbery and attempts to obstruct justice, alongside a history of violence by the 'Murder Unit.' Consequently, the defendant's objection to the nondisclosure of witness addresses was denied, affirming the Government's position.

Capital caseWitness safetyDrug racketeeringMurderFederal procedureJury selectionNondisclosureOrganized crimeViolent crimeCourt order
References
1
Case No. MISSING
Regular Panel Decision
Feb 07, 1995

People v. Mojica

This appellate case addresses whether a trial court deprived a criminal defendant of his right to counsel by issuing a protective order that temporarily prevented his attorney from revealing a witness's identity due to credible threats of intimidation. The defendant, convicted of multiple counts of murder and attempted murder in Bronx County, appealed this "gag order" and its alleged impact on his defense strategy. The court affirmed the trial court's decision, ruling that the limited restriction on attorney-client communication was a reasonable and permissible exercise of discretion to ensure witness safety, especially given the defendant's history of threats and gang affiliation. The court found that the order did not prohibit all communication and allowed sufficient time for defense counsel to prepare once the witness was identified. However, the judgment was modified to correct a sentencing error, reducing the minimum terms for the attempted murder convictions from 12½ to 8⅓ years.

Right to CounselWitness IntimidationGag OrderProtective OrderAppellate ReviewCriminal ProcedureSentencing ErrorHomicideAttempted MurderHome Invasion
References
22
Case No. 13-18-00030-CR
Regular Panel Decision
Jan 23, 2020

Monica Melissa Patterson v. State

Monica Melissa Patterson appealed her convictions for capital murder, aggregate theft, misapplication of fiduciary property, and attempted theft in Hidalgo County, Texas. The case involved the death of Martin Knell, with allegations that Patterson orchestrated his murder for financial gain by manipulating his will and bank accounts. Patterson also faced charges for misapplying funds from Comfort House Services Inc., a non-profit organization where she served as administrator. Key evidence included Mascorro's testimony (witness to murder), phone records placing Patterson and Mario at Martin's residence, and financial records showing Patterson's transfers from Martin's accounts and unauthorized spending of Comfort funds. The Court of Appeals affirmed the trial court's judgment, addressing issues regarding sufficiency of evidence, jury charge errors, expert witness testimony, admission of recordings, and double jeopardy.

Capital MurderAggregate TheftMisapplication of Fiduciary PropertyAttempted TheftAppellate ReviewSufficiency of EvidenceJury InstructionsExpert TestimonyHearsay EvidenceDouble Jeopardy
References
87
Case No. MISSING
Regular Panel Decision

United States v. Jones

Corey Jones, indicted for murder of a government witness, previously had his application for bail denied. He renewed his application based on new evidence regarding his co-defendant and brother, Jason Jones. This evidence, including work and travel records, strongly contradicted the government's unidentified eye-witness testimony, which initially implicated both brothers. The Court noted that the eye-witness's identification of Jason Jones was proven inaccurate, which materially affected the credibility of the same witness's identification of Corey Jones, especially since the witness knew both brothers by name. After reviewing all evidence, including testimony from alibi witnesses and a secondary victim, the Court found that the weight of the evidence now overcomes the presumption of detention. Consequently, Corey Jones's renewed application for bail was granted, contingent on suitable conditions.

BailPretrial DetentionWitness CredibilityAlibiNew EvidenceMurder ChargeSouthern District of New YorkCriminal ProcedureFederal CourtRelease Conditions
References
2
Case No. E2015-02262-CCA-R3-CD
Regular Panel Decision
Feb 05, 2019

State of Tennessee v. Barbara Mae Potter

Barbara Mae Potter was convicted of two counts of first-degree premeditated murder, conspiracy to commit first-degree murder, and tampering with evidence, arising from the murders of Billy Clay Payne and Billie Jean Hayworth. The crimes were the culmination of a year-long online and in-person feud between the Potter family and the victims. The defendant, her husband Buddy, and Jamie Curd conspired in the murders, with Buddy being the shooter and Jamie assisting. The Court of Criminal Appeals affirmed the murder and tampering convictions, reinstated the conspiracy conviction, and remanded the case for sentencing on the conspiracy charge. The court addressed issues including venue, prosecutorial conduct, witness testimony, sufficiency of evidence, and motion to sever.

Premeditated MurderConspiracy to MurderTampering with EvidenceCriminal ResponsibilityOnline HarassmentCyberbullyingSocial Media FeudChange of VenueProsecutorial MisconductSufficiency of Evidence
References
38
Case No. 06-04-00100-CR
Regular Panel Decision
Nov 03, 2005

Jimmy Dee Wilson v. State

Jimmy Dee Wilson was convicted of murder for killing Butch Monday and sentenced to sixty years' imprisonment. On appeal, Wilson raised several points of error concerning the State's closing arguments, the trial court's rulings on objections, witness testimony exclusion, sufficiency of the evidence, jury charge, and admission of extraneous offenses. Wilson claimed self-defense or accidental discharge during an altercation with Monday. The appellate court affirmed the conviction, finding no reversible error in the trial court's decisions regarding prosecutorial arguments, witness sequestration, or jury instructions on sudden passion and apparent danger. Although finding error in the admission of testimony regarding Wilson selling prescription drugs, the court deemed it harmless given the strong evidence of guilt. The court upheld the legal and factual sufficiency of the evidence to support the murder conviction.

Criminal LawMurder ConvictionAppellate ReviewSelf-DefenseSufficiency of EvidenceJury InstructionsProsecutorial MisconductWitness SequestrationExtraneous OffensesHarm Analysis
References
37
Case No. MISSING
Regular Panel Decision

State of Tennessee v. Dale Keith Larkin

This opinion addresses the appeal of Dale Keith Larkin, who was convicted of first degree premeditated murder and insurance fraud. The court reversed the convictions, finding that the trial court failed to adequately perform its duty as the thirteenth juror and erred by allowing a key expert witness, Dr. Mileusnic, to testify for the State after initially being retained by the defense. The appellate court further concluded that the State presented insufficient evidence to prove premeditation for the murder charge and insufficient proof for the insurance fraud conviction. Consequently, the first degree murder conviction was reversed and remanded for a new trial on second degree murder, and the insurance fraud conviction was reversed and dismissed. The opinion also addressed other issues raised by the defendant regarding jury sequestration and admission of evidence, finding no error in those aspects.

MurderInsurance FraudAppellate ReviewExpert Witness DisqualificationThirteenth Juror RulePremeditationSufficiency of EvidenceAutopsy PhotographsProsecutorial MisconductMedical Testimony
References
93
Case No. MISSING
Regular Panel Decision
Nov 23, 2005

CARTIER, DIV. OF RICHEMONT v. Bertone Group

In a trademark infringement case, defendants moved to disqualify plaintiffs' litigation counsel, Tal Benschar, Esq., from serving as a 30(b)(6) deposition witness, citing New York Disciplinary Rule 5-102 which addresses the advocate-witness rule. The Court denied the defendants' motion, allowing Mr. Benschar to testify. The Court acknowledged the potential for confusion and conflicting loyalties when a lawyer acts as both a witness and an advocate, but found these dangers less likely in the pre-trial context. It also considered that Mr. Benschar was in the best position to provide the requested information, having supervised the investigation. However, the Court deferred its ruling on whether Mr. Benschar’s testimony would disqualify him from subsequently serving as trial counsel, noting that another attorney would be primary trial counsel.

Trademark InfringementDiscoveryFed.R.Civ.P. 30(b)(6)Attorney DisqualificationAdvocate-Witness RuleEthical RulesDeposition TestimonyPre-Trial ProcedureNew York LawCounsel Representation
References
2
Case No. MISSING
Regular Panel Decision
Sep 20, 2010

People v. Lenihan

On July 8, 2010, Karon Lenihan was convicted of second-degree murder. Lenihan moved to set aside the verdict, arguing errors in precluding cross-examination on witnesses' alleged gang affiliation and allowing a rebuttal witness without proper notice. The court, presided over by Darrell L. Gavrin, J., denied the motion on September 20, 2010, upholding the jury's verdict. The judge found the gang affiliation argument lacked a good faith basis and was speculative. Furthermore, the court ruled that allowing the prosecution's rebuttal witness, Andrew Searfoss, regarding cell phone tower locations was a proper exercise of discretion, especially given a granted three-day adjournment, and did not violate due process.

Criminal ProcedureVerdict ChallengeEvidentiary RulingsWitness CredibilityPrejudiceConstitutional RightsConfrontation ClauseAlibi NoticeJudicial DiscretionHomicide
References
8
Case No. MISSING
Regular Panel Decision

People v. McDowell

The defendant, Glenn R. McDowell, facing charges including second-degree murder, moved to suppress the testimony of an eyewitness, Johnnie T. Williams, who had been hypnotized. The defense argued that the hypnosis violated McDowell's due process rights by potentially distorting the witness's memory and hindering cross-examination. Justice William J. Burke reviewed the hypnotic session and expert testimony, assessing whether established safeguards for such procedures were met. The court found substantial compliance with these safeguards and determined that the hypnosis did not irreversibly alter the witness's memory or constitute an improper identification procedure. Consequently, the motion to suppress the witness's statements and potential trial testimony was denied, with the court concluding that hypnosis generally impacts credibility rather than admissibility.

Hypnosis AdmissibilityWitness MemoryDue ProcessCriminal Procedure LawMotion to SuppressCross-Examination RightsEyewitness TestimonySuggestibilityLegal SafeguardsNew York Penal Law
References
1
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