Legal Opinion
United States v. Kevin Patrick McCourt
Court of Appeals for the Ninth Circuit
Decided February 25, 1991No. 89-50143PublishedCited by 52 opinions
1Opinion of the Court
RYMER, Circuit Judge:
This appeal requires us to decide whether “bad act” or “other crimes” evidence offered by an accused in a criminal case to show that a third party acted in conformity with the prior act and was therefore likely the guilty party is excludable under Fed.R. Evid. 404(b).
Kevin McCourt appeals his conviction on three counts of filing false claims with the government. 18 U.S.C. § 287. His principal defense was that he was the wrong man. As part of that defense, McCourt sought to show that another person, Clinton McDonald, was a good candidate to have committed the crimes of…
2Cases cited25 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- United States v. Barry Jay FeldmanCourt of Appeals for the Ninth Circuit · 1986
- United States v. Paul Rowton BailleauxCourt of Appeals for the Ninth Circuit · 1982
- United States v. Pedro M. Gonzalez-Sanchez, United States of America v. Carlos Latorre, United States of America v. Manuel Parrilla-MarquezCourt of Appeals for the First Circuit · 1987
20 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- State v. MasonOhio Supreme Court · 1998
- United States v. WrightCourt of Appeals for the Ninth Circuit · 2010
- Garland v. StateIndiana Supreme Court · 2003
- United States v. John Lanny LynchCourt of Appeals for the Ninth Circuit · 2006
- Maria Agushi v. Wendy Duerr and Gary ZellmerCourt of Appeals for the Seventh Circuit · 1999
47 more not listed; retrieve them via the Exa API.