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4th Circuit Haikus: Evidence Update


Having trouble keeping up with the 4th Circuit’s binding precedent? The Op Shop is here to help, with the court’s published opinions paraphrased to the size of a haiku poem. This edition covers recent rulings related to the Federal Rules of Evidence and sufficiency determinations.


Sowing confusion

To sway testimony is

Witness tampering.

– United States v. Edlind (Apr. 10, 2018)


Testimony from

A bank fraudster’s accomplice

Sealed his conviction.

– United States v. Savage (Mar. 12, 2018)


A song lyric, as

A party’s Facebook post, was

His own admission.

– United States v. Recio (Mar. 7, 2018)


Investors will view

Your company’s fraud as a

Material fact.

– Singer v. Reali (Feb. 22, 2018)


To claim cash bags seized

Through civil forfeiture, one

Can’t just say, “They’re mine.”

– United States v. Phillips and $200,000 (Feb. 21, 2018)


A smart guy with just

His personal reasoning

Doesn’t pass Daubert.

– Hickerson v. Yamaha Motor Corp. USA (Feb. 20, 2018)


Perceived disrespect

Provoked an officer’s past

Relevant assaults.

– United States v. Cowden (Feb. 16, 2018)


To prove copyright

Infringement contribution,

Show willful blindness.

– BMG Rights Mgm’t v. Cox Commc’ns (Feb. 1, 2018)


By definition,

Falsehoods that induce sex work

Are “material.”

 – United States v. Maynes (Jan. 18, 2018)