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Unlawful Possession of a Weapon Part 2 Here we got another case; Anarchist cook book again! And here they, the bomb goes off and they think that Walter is responsible. So they go to Walter’s house, bust down his door and inside his house they find the ‘anarchist cook book’ which has instructions on how […]

Unlawful Possession of a Weapon Part 3 Now, so we’ve talked about whether or not something is intrinsic or extrinsic. That was the first of the four elements. The second one is ‘relevance’. Now listen to this, ok? We know that they can’t put in propensity evidence. This is from Beechum. The extrinsic offense is

Unlawful Possession of a Weapon Part 4 Back to Beechum, back to the mailman. Here we’re talking about probative value. Now, the interesting thing about probative value! Probative value is what you weigh against the undue prejudice. Probative value increases as the strength of the government’s case decreases. What? Did I hear you correctly? The

Unlawful Possession of a Weapon Part 5 Then, we get the last nail in the coffin; Huddleston! Now, if you’re litigating an issue, 404(B) issue in federal court, I have no doubt that the response that you’re going to get from the government is going to have Huddleston on the front page. Because Huddleston was

Unlawful Possession of a Weapon Part 6 Ok, so we talked about a lot of bad cases let me talk about a couple of good cases. Sumlin, U.S. v. Sumlin, good case! It’s got language on a lot of different areas that you can use to defend your clients. Sumlin was minding his own business,

Unlawful Possession of a Weapon Part 7 Now we want to talk about the doctrine of chances. This is my favorite part. The doctrine of chances, basically says, tells us that,” highly unusual events are unlikely to repeat themselves inadvertently or by happenstance.” It says that,” we have an instinctive recognition of this that just

5th Fifth Amendment Part 1 Let’s talk about the 5th amendment. We talk about this every year but these, some of these are so good, they’re nuggets. We’re going to rethread old ground. And Shatzer, Justice Scalia holds for the majority 5/4 as usual, that a prison inmate is not in custody for Brenda purposes.

5th Fifth Amendment Part 2 There is a trilogy of harts that we’ve seen but we need to start with those before we get to the good shit. And these deal with; these are 3 cases that deal with limitations on the federal exclusionary rule. The first is Hudson. And in summary it’s a 5/4

5th Fifth Amendment Part 3 Let’s talk a little bit about the good news. And that’s a change of heart. We’ve been talking about the new majority with the chief justice and Leto. That new majority has changed to strange bedfellows, to unlikely coalitions. And as I mentioned; the more unlikely the coalition the stranger

Brady Exculpatory Evidence Duty of a Prosecutor A U.S attorney called me one day in a case where i had a defense of public authority. And i was representing a small town constable who said i was honestly trying to conduct drugs deal. And the feds didn’t believe him and said, “No! you know, you