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First Circuit· 9/28/1994

United States v. Holmquist

Citations

  • 36 F.3d 154
  • 1994 U.S. App. LEXIS 27091
  • 1994 WL 517870

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • a defendant’s mistaken belief that his acts were authorized might negate specific intent under an estoppel by entrapment theory
  • “ ‘by means of [in Section 542] is not synonymous with ‘because of ”
  • prosecutor need not prove beyond any doubt that the evidence is what it purports to be; rather, “the standard *** for admissibility[ ] is one of reasonable likelihood”
  • “the standard for authentication, and hence for admissibility, is one of reasonable likelihood”
  • “A photograph’s contents, buttressed by indirect or circumstantial evidence, can form a sufficient basis for authentication even without the testimony of the photographer or some other person who was present at the time it was taken.”
  • rejecting argument that proponent must establish authentication beyond reasonable doubt

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Boudin, Carter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.