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Punch and Jurists: December 14, 2015

Issue PDF
Volume 22, Number 19

In this issue:

  1. Friedman v. Highlland Park, No. 15-133 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 447) (December 7, 2015) (Per Curiam) (p None)
  2. U.S. v. Simmons, No. 13-6273 (6th Cir.) (797 F.3d 409) (August 14, 2015) (Judge R. Guy Jr. Cole) (p None)
  3. U.S. v. Espinal, No. 10 Cr. 905 (S.D.N.Y.) (96 F.Supp.3d 53) (March 10, 2015) (Judge Denny Chin) (p None)
  4. U.S. v. Martinez, No. 14-cr-00169-PAB-5 (D.Colo.) (81 F.Supp.3d 1046) (February 26, 2015) (Judge Philip A. Brimmer) (p None)
  5. U.S. v. Valle, No. 14-2710-cr (2nd Cir.) (807 F.3d 508) (December 3, 2015) (Judge Barrington D. Jr. Parker) (p None)

Friedman v. Highlland Park, No. 15-133 (U.S. Supreme Court) (577 U.S. ___; 136 S.Ct. 447) (December 7, 2015) (Per Curiam)

Usually, it is of little import when the Supreme Court denies certiorari in a given case; after all, it denies certiorari in thousands of cases each year. But the Court’s action in the instant case has raised a lot of eyebrows and has certainly caused a great deal of angst ...

U.S. v. Simmons, No. 13-6273 (6th Cir.) (797 F.3d 409) (August 14, 2015) (Judge R. Guy Jr. Cole)

This is an interesting decision in which the Sixth Circuit held that the district court violated the defendant’s Sixth Amendment right to a public trial by excluding three co-defendants from the courtroom during the testimony on one Government witness on the grounds that the witness “might be” threatened or intimidated ...

U.S. v. Espinal, No. 10 Cr. 905 (S.D.N.Y.) (96 F.Supp.3d 53) (March 10, 2015) (Judge Denny Chin)

A long time ago, the great Judge Jerome Frank presciently warned the judiciary of the evils that flow from repeated and meaningless “ritualistic verbal spankings” of prosecutors who engage in misconduct in criminal trials. He wrote:

"This court has several times used vigorous language in denouncing government counsel for such ...

U.S. v. Martinez, No. 14-cr-00169-PAB-5 (D.Colo.) (81 F.Supp.3d 1046) (February 26, 2015) (Judge Philip A. Brimmer)

Orlando Martinez was the owner of O's Pipes & Tobacco ("O's"), a retail establishment located in Denver, Colorado that sold tobacco and certain other products. On May 5, 2014, Martinez was one of nine defendants indicted on Federal charges of (1) defrauding the DEA for the purpose of “impeding, impairing, ...

U.S. v. Valle, No. 14-2710-cr (2nd Cir.) (807 F.3d 508) (December 3, 2015) (Judge Barrington D. Jr. Parker)

This case involved the prosecution of a New York City cop, Gilberto Valle, for conspiracy to kidnap a victim and for improperly accessing a computer in violation of the Federal Computer Fraud and Abuse Act (“CFAA”), which is codified at 18 U.S.C. § 1030. The charged crimes grew out of ...