FIRST CIRCUIT UPHOLDS ADMISSION OF SIMILAR CRIMES

Federal Rules of Evidence Rule 404(b) states: (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. (2) Permitted Uses; Notice in a Criminal Case. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. . . In United […] Read more »

SEARCH WARRANT NOT NEEDED TO SEARCH AUTOMOBILE

In another Seventh Circuit case involving a sexual predator the Court affirmed the conviction of Eric D. Zahursky. Zahursky repeatedly contacted “Shelly” (United States Secret Service Special Agent Ryan Moore) who claimed to be 14 on an adult chat line. Eventually they made arrangements to meet for sex at a Starbucks in Valparaiso, Iowa. During the chat room discussions “Shelly” asked Zahursky to bring condoms, and K-Y jelly . When Zahursky arrived at the Starbucks he was arrested by Moore […] Read more »

DIFFICULTIES ON APPEAL

Damion Townsend was charged with conspiracy to distribute at least 50 grams of cocaine base and an unspecified amount of cocaine, possession with intent to distribute cocaine base, and possession of a firearm during and in furtherance of a drug transaction. He was convicted on the conspiracy charge only. Townsend drove his close friend, Jones, who unbeknownst to him was a government informant, and Winfree around New York City to complete some errands and to purchase some cocaine from Scrap […] Read more »