318 results for "witness statement testified"
Page 3 of 13
DOJ-OGR-00012078.jpg
...a witness'
she says she
it's not an inconsistent statement.
You have
to get to a point of inconsistency.
MS. MENNINGER: Here is the inconsistency.
THE COURT: When you're doing it based on what she
testified to yesterday, if there's a difference, yes.
MS. MENNINGER: That's...
DOJ-OGR-00017667.jpg
...a witness'
she says she
it's not an inconsistent statement.
You have
to get to a point of inconsistency.
MS. MENNINGER: Here is the inconsistency.
THE COURT: When you're doing it based on what she
testified to yesterday, if there's a difference, yes.
MS. MENNINGER: That's...
DOJ-OGR-00008397.jpg
...it becomes relevant, the government may offer prior
statements before the witness testifies if the defense attacks
the credibility in opening statements and it's clear that the
witness will be subject to cross-examination. United States v.
Flores, 945 F.3d 687, (2d Cir. 2019). That's restating the...
DOJ-OGR-00013349.jpg
...18 So with respect to the business records issue, here,
19 this witness has testified —-
20 THE COURT: So the contention is that it's a business
2] record?
22 MS. MOE: Yes, your Honor. In addition, it's
23 memorializing the statement of the person calling at the time...
DOJ-OGR-00018933.jpg
...18 So with respect to the business records issue, here,
19 this witness has testified —-
20 THE COURT: So the contention is that it's a business
2] record?
22 MS. MOE: Yes, your Honor. In addition, it's
23 memorializing the statement of the person calling at the time...
DOJ-OGR-00008432.jpg
...Hamilton about these statements.
“The law is well settled in this Circuit, as in others, that bias of a witness is not a
collateral issue and extrinsic evidence is admissible to prove that a witness has a motive to testify
falsely.” United States v. Harvey, 547 F.2d 720, 722...
DOJ-OGR-00004253.jpg
...These
materials will include testifying witness statements, which themselves will also include any co-
conspirator statements about which witnesses may testify at trial. This deadline, which is far in
advance of when such disclosures are ordinarily made in this District, will provide the defense
with ample time to review these...
DOJ-OGR-00005601.jpg
...Maxwell raised concerns
about lack of memory and available witnesses in her Motion to Dismiss for Pre-Indictment
Delay, Dkt. 138. It has been difficult to track down and interview relevant percipient witnesses to
the alleged events. The failure of disclosure of critical alleged coconspirator statements makes it
impossible to...
DOJ-OGR-00006563.jpg
...Maxwell raised concerns
about lack of memory and available witnesses in her Motion to Dismiss for Pre-Indictment
Delay, Dkt. 138. It has been difficult to track down and interview relevant percipient witnesses to
the alleged events. The failure of disclosure of critical alleged coconspirator statements makes it
impossible to...
DOJ-OGR-00005866.jpg
...Moreover, the defendant’s prior statements
are of course appropriate material for cross-examination of the defendant. The Government also
consents to the defense request to redact the perjury counts from the Indictment. (Def. Mot. 6 at
6).
Finally, the defense seeks to preclude the Government’s law enforcement witnesses...
DOJ-OGR-00006791.jpg
...Moreover, the defendant’s prior statements
are of course appropriate material for cross-examination of the defendant. The Government also
consents to the defense request to redact the perjury counts from the Indictment. (Def. Mot. 6 at
6).
Finally, the defense seeks to preclude the Government’s law enforcement witnesses...
DOJ-OGR-00011245.jpg
...statement--that in fairness ought to be considered at the same time.”
Federal Rule of Evidence 612 is also applicable here and states:
(a) Scope. This rule gives an adverse party certain options when a witness
uses a writing to refresh memory:
(1) while testifying; or
(2) before testifying, if...
DOJ-OGR-00016748.jpg
...De
that, quote,
of a prior inconsis
the wit
deny the statemen
to examine the wit
My colleague,
hopefully laid out the proper steps of
First,
statement, in
to be impeached.
fact,
tness about it.
Judge Kaplan,
in
tent statement under 613(b),
the Gul
the anal
Lani
lysis.
Fore...
DOJ-OGR-00011681.jpg
...If the defendant does present a defense case,
the defense witnesses will testify and the government will have
the opportunity to cross-examine them.
After the presentation of evidence is completed, the
parties will deliver their closing arguments to summarize and
interpret th vidence. Just as the parties' opening
statements...
DOJ-OGR-00003705.jpg
...However, the Government’s proposed disclosure schedule—which will afford
Maxwell at least six weeks to investigate testifying witness statements—allows Maxwell
significantly more time to review disclosures than schedules adopted in most cases in this
District. See, e.g., United States v. Rueb, No. 00-CR-91 (RWS), 2001...
DOJ-OGR-00008603.jpg
...You have heard the testimony of a witness who was previously convicted of a crime,
punishable by more than one year in jail. This prior conviction was put into evidence for you to
consider in evaluating the witness’ credibility. You may consider the fact that the witness who
testified is...
DOJ-OGR-00008683.jpg
...You have heard the testimony of a witness who was previously convicted of a crime,
punishable by more than one year in jail. This prior conviction was put into evidence for you to
consider in evaluating the witness’ credibility. You may consider the fact that the witness who
testified is...
DOJ-OGR-00008769.jpg
...You have heard the testimony of a witness who was previously convicted of a crime,
punishable by more than one year in jail. This prior conviction was put into evidence for you to
consider in evaluating the witness’ credibility. You may consider the fact that the witness who
testified is...
DOJ-OGR-00011326.jpg
...Burge, “Testifying by giving an identifying number [or alias] rather than a [true]
name does not necessarily curtail any trial rights. The cross-examiner can question the witness’
activities ... without regard to the witness’ name, and similarly has an opportunity to see and
hear that which he testifies about.” No...
DOJ-OGR-00004085.jpg
...Rule 26.2 Does Not Mandate Advance Disclosure of Statements of Prospective
Defense Witnesses.
Rule 26.2(a) provides:
After a witness other than the defendant has testified on direct examination, the
court, on motion of a party who did not call the witness, must order an attorney
for the...
DOJ-OGR-00003923.jpg
...e The Government is prepared to produce a proposed witness list, Giglio material,
and Jencks Act material by May 28, 2021, or 45 days in advance of trial. These
materials will include testifying witness statements, which themselves will also
include any co-conspirator statements about which witnesses may testify at...
DOJ-OGR-00020790.jpg
...However, the Government’s proposed disclosure schedule—which will afford
Maxwell at least six weeks to investigate testifying witness statements—allows Maxwell
significantly more time to review disclosures than schedules adopted in most cases in this
District. See, e.g., United States v. Rueb, No. 00-CR-91 (RWS), 2001...
DOJ-OGR-00005431.jpg
...For individuals who are not witnesses and not hearsay declarants, however, none of those
rules apply. Instead, those non-witnesses’ “credibility is irrelevant.” United States v. McGowan,
58 F.3d 8, 15-16 (2d Cir. 1995). The Second Circuit has therefore “clearly established . . . the
principle that a statement not offered...
DOJ-OGR-00006398.jpg
...For individuals who are not witnesses and not hearsay declarants, however, none of those
rules apply. Instead, those non-witnesses’ “credibility is irrelevant.” United States v. McGowan,
58 F.3d 8, 15-16 (2d Cir. 1995). The Second Circuit has therefore “clearly established . . . the
principle that a statement not offered...
DOJ-OGR-00016126.jpg
...If the defendant does present a defense case,
the defense witnesses will testify and the government will have
the opportunity to cross-examine them.
After the presentation of evidence is completed, the
parties will deliver their closing arguments to summarize and
interpret th vidence. Just as the parties' opening
statements...
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