Legal Opinion

United States v. Vincent Dinapoli, Louis Dinapoli, Nicholas Auletta, Edward Halloran, Aniello Migliore, and Alvin O. Chattin

Court of Appeals for the Second Circuit

Decided November 1, 1993No. 1587 to 1591, 1593 to 1595 and 1598 to 1601, Dockets 88-1464(L), 88-1470 to 88-1474, 88-1547, 90-1291, 90-1292, 90-1301, 90-1311, 90-1312 and 90-1351PublishedCited by 111 opinions

1Opinion of the Court

JON 0. NEWMAN, Chief Judge:

On this criminal appeal, which is before our Court on remand from the Supreme Court, we have given in banc consideration to a fairly narrow issue of evidence that has potentially broad implications for the administration of criminal justice. The issue concerns Rule 804(b)(1) of the Federal Rules of Evidence, which provides that testimony given by a currently unavailable witness at a prior hearing is not excluded by the hearsay rule if “the party against whom the testimony is now offered ... had an opportunity and similar motive to develop the testimony by direct,…

2Cases cited14 opinions

  1. United States v. SalernoSupreme Court of the United States · 1992
  2. Morris A. Hicks, on Behalf of Himself and All Others Similarly Situated v. The Quaker Oats CompanyCourt of Appeals for the Fifth Circuit · 1981
  3. United States v. Matthew IannielloCourt of Appeals for the Second Circuit · 1989
  4. United States v. Gary Lester, United States of America v. Leroy "Obie" McGill United States of America v. Gary "Geek" LesterCourt of Appeals for the Ninth Circuit · 1984
  5. United States v. Young Brothers, Inc., ContractorsCourt of Appeals for the Fifth Circuit · 1984

9 more not listed; retrieve them via the Exa API.

3Cited by111 opinions

  1. United States of America, Appellee-Cross-Appellant v. Charles L. Jackson, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2003
  2. United States v. Donald Edward MilesCourt of Appeals for the Eleventh Circuit · 2002
  3. United States v. Carson, SamuelCourt of Appeals for the D.C. Circuit · 2006
  4. United States v. LombardCourt of Appeals for the First Circuit · 1995
  5. United States v. Shawn PetersonCourt of Appeals for the Second Circuit · 1996

106 more not listed; retrieve them via the Exa API.

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