Tag Archives: Fed. R. Evid. 403

Memes Admissible as Intrinsic Evidence of Prostitution Charge Under Fed. R. Evid. 404(b)(2), Holds Tenth Circuit

In United States v. Alfred, No. 19-1243 (10th Cir. Dec. 14, 2020), the Tenth Circuit finds no error in admission of memes from the defendant’s social media page as “intrinsic evidence” of his facilitation and solicitation of prostitution under Fed. R. Evid. 404(b)(2) and 403. The defendant allegedly used the social-media site Tagged to operateContinue reading “Memes Admissible as Intrinsic Evidence of Prostitution Charge Under Fed. R. Evid. 404(b)(2), Holds Tenth Circuit”

Split Fourth Circuit Panel Holds That District Court Did Not Err by Admitting Evidence of Parent Companies’ Net Worth in Liability Phase of Nuisance Trial

In McKiver v. Murphy-Brown, LLC,  No. 19-1019 (4th Cir. Nov. 19, 2020) – a closely-watched case against an industrial hog farm for common-law nuisance – a split panel affirms liability, though it remands the punitive damage award for redetermination. In addition to deciding Daubert challenges to the experts and other issues (not otherwise addressed here),Continue reading “Split Fourth Circuit Panel Holds That District Court Did Not Err by Admitting Evidence of Parent Companies’ Net Worth in Liability Phase of Nuisance Trial”

Admission of “Deeply Offensive Racist and Misogynistic” Audio of Co-Defendant at Criminal Trial Was Reversible Error, Holds Split Sixth Circuit Panel

In United States v. Hazelwood, No. 18-6023 (6th Cir. Oct. 14, 2020), a Sixth Circuit panel divides over whether it was error for the trial judge to admit “audio recordings in which one of the defendants … is heard using deeply offensive racist and misogynistic language.” The panel majority holds that it was inadmissible and,Continue reading “Admission of “Deeply Offensive Racist and Misogynistic” Audio of Co-Defendant at Criminal Trial Was Reversible Error, Holds Split Sixth Circuit Panel”

Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit

In United States v. Heinrich, No. 19-3035 (3d Cir. Aug. 18, 2020), the Third Circuit holds that the district court failed to exercise discretion by assigning a law clerk to inform the lawyers of the ruling by phone, then failing to docket a written explanation. The defendant plead guilty on a child pornography conditioned onContinue reading “Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit”