Select Page

Constitutional Law—Eleventh Circuit Holds True Threats Doctrine Analyzed Under Objective Standard—United States v. Martinez, 736 F.3d 981 (11th Cir. 2013)

Although the First Amendment generally bars government restrictions on speech based on message or viewpoint, the government may restrict certain categories of speech where the speech’s content imposes harm that “‘overwhelmingly outweigh[s]’ any First Amendment...

Evidence—Admitting Prior Conviction for Drug Possession in Later Prosecution for Drug Distribution is Reversible Error—United State v. Lee, 724 F.3d 968 (7th Cir. 2013)

In a criminal trial, Federal Rule of Evidence 404(b) (FRE 404(b)) prohibits the prosecution from using a defendant’s other crimes, wrongs, or bad acts to prove the defendant’s propensity to commit the charged offense. Courts, in their discretion, may admit other bad...