Latest Case: United States v. Howard (Criminal Law)

He Said/She Said, Save Our Sons, and the Stories that Stick: Part One of a Two-Part Series of Columns

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on the U.S. Department of Education’s recent push toward a higher burden of proof in determinations of sexual harassment or assault under Title IX. In this first part, Colb suggests that men who say “not guilty” in response to a sexual assault accusation are not especially credible and that we accordingly need an explanation for why people find the accuser’s words equally lacking in credibility (and therefore call the dispute a “he said/she said” dilemma for the factfinder).

Read More

“Remain Humble and Compassionate—And Have a Plan to Kill Everyone You Meet”

JOSEPH MARGULIES

Cornell law professor Joseph Margulies argues that to fix policing, we must change police culture and norms, starting with ending the warrior model of policing. Margulies describes what this model means and explains why it is such a substantial obstacle to productive relationships between the police and the communities they serve.

Read More

United States v. Howard

Docket: 19-2473

Opinion Date: October 6, 2020

Judge: Roger Leland Wollman

Areas of Law: Criminal Law

The Eighth Circuit affirmed defendant's conviction and sentence for being a felon in possession of a firearm and ammunition. The court held that the evidence was sufficient to support defendant's conviction because it showed defendant knowingly possessed the weapon and ammunition; the district court did not abuse its discretion by admitting a pawn ticket in order to show knowledge and intent to possess the weapon, and the district court's instruction limited any prejudicial effect of the evidence; and the district court did not abuse its discretion by admitting a dashcam video showing defendant escaping from an officer because flight was evidence of consciousness of guilt. Finally, the court held that defendant's prior Wisconsin conviction for armed robbery and North Dakota conviction for conspiracy to deliver ecstasy are qualifying offenses for Armed Career Criminal Act sentencing.