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Overview agent-witness may not start trial by implicating defendant in charged offense based on testimony not yet admitted

USA - February 7 2013 Prosecutors love using summary witnesses, usually their case agents, at trial. As the closing, wrap-up witness, an agent can testify about summary…

Complications in loss analysis lead sentencing judge to abandon restitution altogether and to eschew victim loss in favor of lesser defendant gain in calculating the Sentencing Guidelines

USA - December 20 2012 In bank fraud cases, sentencing courts are obliged under the advisory Sentencing Guidelines to fix the "loss" at the greater of actual or intended loss to the victim, and to resort to the (usually more defendant-friendly) lesser gain from the offense only if that loss "reasonably cannot be determined."

Civil complaint does not by itself prove the occurrence of prior bad acts and so may not be admitted under FRE 404(b) even to prove notice

USA - December 14 2012 Under Fed. Evid. 404(b), the government often seeks to introduce evidence of prior conduct by a defendant, ostensibly because such conduct is probative of one of the Rule's permitted purposes for introducing extraneous evidence, such as showing that the presently-charged conduct was committed intentionally and not by accident or mistake.

Murder victim's earlier out of court statement to social worker about abuse at hands of defendant was admitted without violating confrontation clause because it was "non-testimonial"

USA - November 8 2012 As we have previously examined in this space, here, here and here , the Supreme Court’s Confrontation Clause jurisprudence has when considering the admission of a prior statement by a witness most recently focused on whether or not the statement was “testimonial.”

Securities fraud conviction reversed because trial court failed to allow defendant to introduce co-defendant's prior deposition testimony before CFTC

USA - October 8 2012 Often, the government finds itself desirous of introducing the prior civil deposition testimony of a witness who is unavailable for trial, occasionally because the witness is deceased or cannot be located.