Third Circuit
Case: United States v. Greenspan, No. 17-2458, 2019 WL 1984187, at *8 (3d Cir. Apr. 17, 2019)
Type of Case: Criminal
Charges/Counts: 42 U.S.C. § 1320a-7(b)(1)(A); 18 U.S.C. § 1952(a)(1), (3); 18 U.S.C. §§ 1343, 1346.
Rule(s) of Evidence
- FRE 403
Defendant sought to offer evidence of the medical necessity of the blood tests that he had ordered for patients. The government argued that such evidence would violate Rule 403, as the government’s theory was not that the tests were unnecessary, but, rather, that the defendant had steered patients to a particular lab for kickbacks. The district court excluded the medical necessity evidence. The Third Circuit upheld the district court’s ruling.
Tenth Circuit
Case: United States v. Martinez, No. 18-8007, 2019 WL 1984285, at *7 (10th Cir. May 6, 2019)
Type of Case: Criminal
Charges/Counts: 18 U.S.C. § 2422(b).
Rule(s) of Evidence
- FRE 401
Defendant sought to offer evidence of his mental illness to “support his defense that he was not seeking a sexual partner but was trying to catch a sexual predator.” The district court held that this evidence was irrelevant. The Tenth Circuit upheld the district court’s ruling.
- FRE 608(a)
Defendant, after being cross-examined by government, sought to offer evidence of his truthful character on re-direct examination. The district court held that he could not offer such evidence, reasoning that his character for truthfulness had not been attacked. The Tenth Circuit upheld the district court’s ruling.
