Legal Opinion
United States v. Donald Fell
Court of Appeals for the Second Circuit
Decided March 2, 2004No. Docket 02-1638PublishedCited by 86 opinions
1Opinion of the Court
JOHN M. WALKER, Jr., Chief Judge.
At issue in this case is whether the Federal Death Penalty Act of 1994 (the “FDPA”), Pub.L. No. 103-322, Title VI, §§ 60002(a), 108 Stat.1959 (Sept. 13, 1994) (codified at 18 U.S.C. §§ 3591 et seq.), is unconstitutional because § 3593(c) of the FDPA permits the' admission of evidence at the penalty phase of a capital trial that would not be admissible under the Federal Rules of Evidence (“FRE”). Under the FDPA, evidence may be excluded where “its probative value is outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the…
2Cases cited40 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Chambers v. MississippiSupreme Court of the United States · 1973
- Ring v. ArizonaSupreme Court of the United States · 2002
35 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- State v. BerryTennessee Supreme Court · 2004
- United States v. MitchellCourt of Appeals for the Ninth Circuit · 2007
- United States v. OdehCourt of Appeals for the Second Circuit · 2008
- United States v. Daniel Lewis Lee, Also Known as Daniel Lewis Graham, Also Known as D L Graham, Also Known as Danny LeeCourt of Appeals for the Eighth Circuit · 2004
- United States v. BarrettCourt of Appeals for the Tenth Circuit · 2007
81 more not listed; retrieve them via the Exa API.