Wednesday, December 12, 2012

Eighth Circuit -- United States v. Brandon Tyerman

Where deft discloses information to his attorney, and subsequently stipulates to that disclosure for his advantage in plea negotiations, disclosure of the facts prior to the stipulation is not a violation of attorney-client privilege, as an implicit waiver can be established.

Where evidence is only potentially useful to the deft, a motion to dismiss for destruction of evidence must establish bad faith, not just reckless conduct.

Where police do not usually compare contemporaneous-to-the-crime photos of the weapon with the weapon in evidence, police testimony doesn't open the door for the deft to present evidence on the weapon's destruction.

District court did no t err in denying spoliaiton instruction which would not require bad faith.

Prior bad acts appropriately in to establish constructive possession.

Intent to permanently deprive is not necessarily an element of federal weapons theft laws.

Creation of handcuff keys was a substantial step in attempting an escape.

 United States  v.  Brandon Tyerman
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.