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· 4/7/1995

United States v. Kon Yu-Leung, Also Known as Johnny Kon, John Ruotolo

Citations

  • 51 F.3d 1116
  • 41 Fed. R. Serv. 1274
  • 1995 U.S. App. LEXIS 7996

How courts have described this case

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

  • holding that “strategic choice” not to object to admission of evidence waives defendant’s right to appeal the admission
  • holding that \strategic choice\ not to object to admission of evidence waives defendant's right to appeal the admission
  • concluding that a judge did not abuse his discretion by failing to recuse after learning of defendant’s death threat against him
  • holding that a pretrial motion seeking to exclude evidence may preserve an objection where, among other things, it “is ruled upon without equivocation by the trial judge”
  • holding that, where defendant objects to certain evidence as irrelevant and prejudicial but opts, as tactical matter, not to object to other evidence, such inaction “constitutes a true ‘waiver,’ which will negate even plain error review”
  • explaining that “forfeiture does not preclude appellate consideration of a claim in the presence of plain error, whereas waiver necessarily ‘extinguishes’ the claim altogether”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miner, Altimari, Calabresi

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.