But, a defendant like Dr. Kavanaugh might offer evidence of good character in general as a defense, which can be a defense in itself. United States Court of Appeals for the Fifth Circuit Pattern Jury Charge 1.09 explains that Where a defendant has off evidence of good general reputation for…
On direct examination, neither party can testify as to specific instances of misconduct to show truthfulness or untruthfulness. However, 608(b) states “…[b]ut the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2)…
Here, we are dealing with a 35 year-old allegation of sexual misconduct for which no physical evidence would be present due to the age of the case and the nature of the allegation. Additionally, Kavanaugh has not stated that he and Ford engaged in criminal activity, so (B) is out. …
Rule 613(b) states that “(b) …[e]xtrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires…” Thus, the…
The central piece of evidence in this case is Professor Ford’s testimony. She has previously discussed her experience with a therapist, whose notes are different from her recent statements. So, on cross examination, assuming she testifies similar to her recent statements, she would be confronted with the contradictions in her…
The last-minute presentation of sexual assault evidence against Judge Brett Kavanaugh has put his Supreme Court nomination limbo. Judge Kavanaugh was not my first choice, of those on the Trump list, but I see problems on both sides of the accusation. Sexual assault cases can be the most difficult to…
This section went all the way to the United States Supreme Court in Deal v. United States 113 S.Ct. 1993 (1993), in which Mr. Deal got a bad deal at court of 105 years in prison for possessing a firearm during five bank robberies. The Court explored whether “second or…
Thus, if you bring a firearm to a crime of violence or a drug trafficking crime, you will have a mandatory minimum of five years in prison. If you brandish it, which means show it or make it visible to other people, it goes up to a mandatory minimum of…
It is a very bad idea to possess a firearm while robbing a bank, committing any federal crime of violence, or trafficking drugs. Congress has imposed stiff, sometimes unconsciounable penalties for doing so. These include mandatory minimums that, with multiple offenses, could get your mandatory minimum sentence into centuries of…
We cannot shut our eyes to the fact that, had the petitioner attempted to violate Proclamation No. 4 and leave the military area in which he lived, he would have been arrested and tried and convicted for violation of Proclamation No. 4. The two conflicting orders, one which commanded him…