Category: Blog

In the case of the United States v. Alvin Gaskins, Mr. Gaskins was convicted of conspiracy to distribute narcotics.  He appealed.  The court of appeals reversed his conviction because the prosecutor failed to prove that Gaskins knowingly entered into the conspiracy with the specific intent to distribute drugs.    The facts of Gaskins' case are […]

  In the case of the United States v. John Doe, a subpoena duces tecum was issued to an individual (named John Doe) during a child pornography investigation.  That subpoena ordered Doe to appear before a grand jury and produce unencrypted contents of laptop computers and external hard drives.   Even though the prosecutor gave Doe […]

  Prosecutor's often use something called "inextricably intertwined" evidence.  For example, if someone charged with the crime of rape steals jewelry from his victim after raping her, evidence of that theft is often presented to a jury even though the person on trial has not been formally charged with theft.   This often-used practice of […]

  In the case of the United States versus Jorge Cedeno, the trial judge prevented Cedeno’s lawyer from questioning a detective about the fact that he had lied (and been caught lying) in a prior court proceeding in an unrelated case.    The trial judge prevented such questioning after considering:   1.    Whether the prior […]

  In the case of Derek Martin versus the State of Florida, Mr. Martin was convicted of possession of cocaine with intent to sell.  Martin appealed, and the court of appeals overturned his conviction because the prosecutor failed to prove that Martin intended to sell the cocaine that he had in his possession.  The court […]

  In the federal case of the United States of America versus Napoleon Bustamante, Mr. Bustamante was convicted of illegally reentering the United States, making a false statement in a passport application, and making a false statement in an application for supplemental security income benefits. His convictions centered around the prosecutor’s accusation that Bustamante was […]

  In the case of the United States of America versus Lance White, the Court ruled that Mr. White's constitutional right to confront his accuser--a police officer--was violated when White's lawyer was not allowed to question the officer about the fact that a judge in another federal gun possession case had previously ruled that the […]

  In the federal case of the United States versus Michael McIntosh, Mr. McIntosh was charged with committing the crimes of bankruptcy fraud and money laundering because of his failure to disclose during his bankruptcy proceeding that he had received certain money and deposited some of that money into a bank account that he controlled through an unincorporated […]

  The facts in the case of Huey Lee Oldham versus the State of Florida are as follows:   Deputies from the Hillsborough County Sheriff's Office went to Mr. Oldham's home to investigate a neighbor's complaint that Oldham was manufacturing methamphetamine on his property. As deputies approached the home, they made contact with Oldham who was walking away from […]

  In the federal case of the United States versus Theresa Kottwitz, the Eleventh Circuit Court of Appeals ruled that the trial judge erred when he refused to give a jury instruction on Kottwitz' good-faith reliance on the advice of her accountant in a tax fraud prosecution. The Court of Appeals stated that a criminal […]