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Keywords

trialverdicttestimonywill

defendantdiscoverytrialverdicttestimonywillprosecutor

Related Cases

U.S. v. Scholl, 166 F.3d 964, 83 A.F.T.R.2d 99-902, 99-1 USTC P 50,230, 51 Fed. R. Evid. Serv. 308, 99 Cal. Daily Op. Serv. 7373, 1999 Daily Journal D.A.R. 921

Facts

William L. Scholl, a Superior Court Judge in Tucson, Arizona, was a compulsive gambler who accrued significant gambling debts and failed to report his gambling income accurately on his tax returns from 1989 to 1994. He structured currency transactions to avoid reporting requirements and was indicted for filing false tax returns and structuring transactions. The trial revealed that Scholl had a history of gambling and had been advised by his accountant about the necessity of reporting gambling winnings and losses.

Scholl was a Superior Court Judge in Tucson, Arizona, from 1984 until he was indicted. He was a compulsive gambler who took numerous trips to Las Vegas to gamble. Throughout the 1980s, he gambled on credit lines established at various casinos. In 1989, he had outstanding balances on credit lines from six different casinos totaling $163,000. In the latter part of 1989 and the beginning of 1990, Scholl settled his outstanding credit line balances, paying a total of $50,000. From that point through 1994, he continued to gamble as a cash player.

Issue

Did the trial court abuse its discretion in limiting expert testimony regarding compulsive gambling disorder and in other evidentiary rulings, and was the evidence sufficient to support Scholl's convictions?

Did the trial court abuse its discretion in moving trial from city where defendant lived to Phoenix, in limiting proffered expert testimony on compulsive gambling, in limiting defendant to three character witnesses, in excluding copies of cashier's checks as sanction for discovery abuse, in excluding expert testimony on tax and accounting law, in denying mistrial based on prosecutorial misconduct, and in other evidentiary rulings?

Rule

The court applied the abuse of discretion standard for evidentiary rulings and the sufficiency of evidence standard for affirming convictions.

The court shall fix the place of trial within the district with due regard to the convenience of the defendant and the witnesses and the prompt administration of justice.

Analysis

The appellate court found that the trial court did not abuse its discretion in limiting the expert testimony of Dr. Robert Hunter regarding compulsive gambling, as the testimony was deemed not relevant to the issue of willfulness in Scholl's tax reporting. The court also upheld the trial court's decisions regarding the exclusion of certain evidence and the limitation on character witnesses, concluding that these rulings were within the trial court's discretion and did not prejudice Scholl's defense.

Conclusion

The appellate court affirmed Scholl's convictions, concluding that the trial court's evidentiary rulings were appropriate and that there was sufficient evidence to support the jury's verdict.

Who won?

The government prevailed in the case, as the appellate court upheld the convictions and the trial court's evidentiary rulings.

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