Punch and Jurists: April 7, 2003

Volume 10, Number 14

In this issue:

U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins) (p None)
Demore v. Kim, No. 01-1491 (U.S. Supreme Court) (538 U.S. 510; 123 S.Ct. 1708) (April 29, 2003) (Justice Rehnquist) (p None)
Roell v. Withrow, No. 02-69 (U.S. Supreme Court) (538 U.S. 580; 123 S.Ct. 1696) (April 29, 2003) (Justice Souter) (p None)
U.S. v. Cooley, No. 02-40 (W.D.Pa.) (243 F.Supp.2d 329) (January 16, 2003) (Judge Sean J. McLaughlin) (p None)
U.S. v. Spellman, No. Crim. 02-494 (E.D.Pa.) (243 F.Supp.2d 285) (February 4, 2003) (Judge Stewart Dalzell) (p None)
U.S. v. Dawson, No. 02 CR 688 (N.D.Ill.) (243 F.Supp.2d 780) (February 3, 2003) (Judge Elaine E. Bucklo) (p None)
U.S. v. Davis, No. 02-1569 (2nd Cir.) (326 F.3d 361) (April 22, 2003) (Judge Robert A. Katzmann) (p None)

U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins)

Loaded on April 1, 2003 published in Punch and Jurists April 07, 2003

Filed under: Punch And Jurists, Failure to Address/Advise Defendant.

Here the Court became the first Circuit to hold that a viable ineffective assistance claim can arise through counsel's alleged failure to effectively assist a defendant in cooperating with the government during the pre-sentencing period.

This is the first decision that we have seen in which a Federal Court of ...

Demore v. Kim, No. 01-1491 (U.S. Supreme Court) (538 U.S. 510; 123 S.Ct. 1708) (April 29, 2003) (Justice Rehnquist)

Loaded on April 1, 2003 published in Punch and Jurists April 07, 2003

Filed under: Punch And Jurists, Limitations on Period of Detention.

Here a divided Court upheld the mandatory detention of lawful permanent residents who have been convicted of “aggravated felonies” without first giving them a chance to show that they present neither a flight risk nor a danger to the community.

Here, by a vote of 5-to-4, the Supreme Court upheld ...

Roell v. Withrow, No. 02-69 (U.S. Supreme Court) (538 U.S. 580; 123 S.Ct. 1696) (April 29, 2003) (Justice Souter)

Loaded on April 1, 2003 published in Punch and Jurists April 07, 2003

Filed under: Magistrates, Punch And Jurists.

Pursuant to the Federal Magistrate Act of 1979, 28 U.S.C. § 636, federal magistrate judges may conduct “any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case” as long as two conditions are met: (1) the magistrate judges have been ...

U.S. v. Cooley, No. 02-40 (W.D.Pa.) (243 F.Supp.2d 329) (January 16, 2003) (Judge Sean J. McLaughlin)

Loaded on April 1, 2003 published in Punch and Jurists April 07, 2003

Filed under: Punch And Jurists, Attorney Misconduct/Disqualification.

The Government moved in this case for the disqualification of defense counsel. It alleged that there was a potential conflict of interest arising from counsel's representation in unrelated drug charges of two individuals the government expected to call as witnesses in the instant case. In the other two instances, counsel ...

U.S. v. Spellman, No. Crim. 02-494 (E.D.Pa.) (243 F.Supp.2d 285) (February 4, 2003) (Judge Stewart Dalzell)

Loaded on April 1, 2003 published in Punch and Jurists April 07, 2003

Filed under: Punch And Jurists, Heartland Departures.

This case is noted because of its comprehensive coverage of a topic that seems to becoming more and more prevalent - disorderly conduct by passengers during a commercial flight. At the conclusion of his decision, Judge Dalzell listed nearly two-dozen cases which have addressed various issues arising out of interference ...

U.S. v. Dawson, No. 02 CR 688 (N.D.Ill.) (243 F.Supp.2d 780) (February 3, 2003) (Judge Elaine E. Bucklo)

Loaded on April 1, 2003 published in Punch and Jurists April 07, 2003

Filed under: Punch And Jurists, Informants and Paid Witnesses.

The defendant in this case was charged with “attempt and conspiracy to distribute a controlled substance.” He filed a number of pretrial motions, including a motion to compel for the Government to produce its informant for the purpose of service of a subpoena and an interview request.

In granting the ...

U.S. v. Davis, No. 02-1569 (2nd Cir.) (326 F.3d 361) (April 22, 2003) (Judge Robert A. Katzmann)

Loaded on April 1, 2003 published in Punch and Jurists April 07, 2003

Filed under: Punch And Jurists, Video Cameras.

The defendant in this case was convicted at trial of distributing five or more grams of crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B). At trial, the Government offered a videotape of a controlled narcotics buy in which the defendant was depicted selling the drugs to a ...