U.S. v. Joe, No. 92-2213

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtBefore LOGAN, TACHA and KELLY; TACHA
Citation8 F.3d 1488
Parties, 39 Fed. R. Evid. Serv. 920 UNITED STATES of America, Plaintiff-Appellee, v. Melvin JOE, Defendant-Appellant.
Docket NumberNo. 92-2213
Decision Date03 November 1993
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136 practice notes
  • United States v. Gutierrez, No. CR 15-3955 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • May 31, 2018
    ...the hypothetical statement could become inadmissible, because the assertion's truth might be Gutierrez' belief. See United States v. Joe, 8 F.3d 1488, 1492-93 (10th Cir. 1993). In those instances, the Court would exclude the evidence as hearsay. Without specific statements, however, the Cou......
  • U.S. v. Pettigrew, No. 05-2187.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • October 12, 2006
    ...rarely disturbed." Id. A photograph of a victim while living is admissible to prove the identity of the victim. See United States v. Joe, 8 F.3d 1488, 1499 (10th Cir.1993). The District Court acknowledged that a photo of the victim could stir up sympathy and emotions in the jurors, but conc......
  • State v. Massengill, No. 22,358.
    • United States
    • New Mexico Court of Appeals of New Mexico
    • December 4, 2002
    ...hand, the Tenth Circuit has rejected any requirement that a court inquire into a declarant patient's motivation. See United States v. Joe, 8 F.3d 1488, 1494 n. 5 (10th Cir.1993) (noting that such statements "`are made in contexts that provide substantial guarantees of their trustworthiness'......
  • Burris v. Parke, No. 3:95-CV-0917 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • December 26, 1996
    ...counsel could have believed that the photo constituted some form of admissible victim impact evidence.14 Further, in United States v. Joe, 8 F.3d 1488 (10th Cir.1993), cert. denied, 510 U.S. 1184, 114 S.Ct. 1236, 127 L.Ed.2d 579 (1994), the United States Court of Appeals for the Tenth Circu......
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134 cases
  • United States v. Gutierrez, No. CR 15-3955 JB
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • May 31, 2018
    ...the hypothetical statement could become inadmissible, because the assertion's truth might be Gutierrez' belief. See United States v. Joe, 8 F.3d 1488, 1492-93 (10th Cir. 1993). In those instances, the Court would exclude the evidence as hearsay. Without specific statements, however, the Cou......
  • U.S. v. Pettigrew, No. 05-2187.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • October 12, 2006
    ...rarely disturbed." Id. A photograph of a victim while living is admissible to prove the identity of the victim. See United States v. Joe, 8 F.3d 1488, 1499 (10th Cir.1993). The District Court acknowledged that a photo of the victim could stir up sympathy and emotions in the jurors, but conc......
  • State v. Massengill, No. 22,358.
    • United States
    • New Mexico Court of Appeals of New Mexico
    • December 4, 2002
    ...hand, the Tenth Circuit has rejected any requirement that a court inquire into a declarant patient's motivation. See United States v. Joe, 8 F.3d 1488, 1494 n. 5 (10th Cir.1993) (noting that such statements "`are made in contexts that provide substantial guarantees of their trustworthiness'......
  • Burris v. Parke, 3:95-CV-0917 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • December 26, 1996
    ...counsel could have believed that the photo constituted some form of admissible victim impact evidence.14 Further, in United States v. Joe, 8 F.3d 1488 (10th Cir.1993), cert. denied, 510 U.S. 1184, 114 S.Ct. 1236, 127 L.Ed.2d 579 (1994), the United States Court of Appeals for the Tenth Circu......
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2 books & journal articles
  • Table of Cases
    • United States
    • ABA Antitrust Library Antitrust Evidence Handbook
    • January 1, 2016
    ...v. James, 609 F.2d 36 (2d Cir. 1979), 150, 160 United States v. Janati, 374 F.3d 263 (4th Cir. 2004), 234, 235, 236 United States v. Joe, 8 F.3d 1488 (10th Cir. 1993), 26 United States v. John Doe, Inc. I, 481 U.S. 102 (1987), 124, 130 United States v. Johnson, 200 F.3d 529 (7th Cir. 2000),......
  • Hearsay Issues Most Relevant in Antitrust Cases
    • United States
    • ABA Antitrust Library Antitrust Evidence Handbook
    • January 1, 2016
    ...inadmissible because it was based on comments made by a third party rather than the declarant’s own perception); United States v. Joe, 8 F.3d 1488, 1493 n.4 (10th Cir. 1993) (“An out-of-court statement relating a third-party’s state of mind falls outside the scope of the hearsay exception b......

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