Legal Opinion

United States v. Uvino

District Court, E.D. New York

Decided December 19, 2008No. 1:07-cv-00725PublishedCited by 2 opinions

1Opinion of the Court

ORDER ON USE OF FBI REPORTS TO IMPEACH UNAVAILABLE WITNESSES

JACK B. WEINSTEIN, Senior District Judge:

In the course of preparation for trial, it became clear that two alleged victims of assault will not be called to testify for either party because they would invoke the Fifth Amendment. The court recognizes its power to call the individuals under Federal Rule of Evidence 614(a), but prefers to avoid the unnecessary spectacle of their invoking the Fifth Amendment in the jury’s presence.

•Both the individual’s voices have been heard by the jury through the govern ment’s evidence, consisting of a…

2Cases cited4 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. United States v. Stanley Friedman, Michael Lazar, Lester Shafran, and Marvin Kaplan, DefendantsCourt of Appeals for the Second Circuit · 1988
  3. United States v. Ronald Moskowitz and Jan R. KirkCourt of Appeals for the Second Circuit · 2000
  4. United States v. DelviDistrict Court, S.D. New York · 2003

3Cited by2 opinions

  1. State v. OutlandNew Jersey Superior Court Appellate Division · 2019
  2. STATE OF NEW JERSEY VS. THOMAS H. OUTLAND (14-08-0751, UNION COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019

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