In this case the court noted the following: "Whether due process has been violated is decided under a balancing test and 'if mere negligent conduct by the prosecutors is asserted, then obviously the delay and/or prejudice suffered by the defendant will have to be greater'." (Id., at 1185).
Case held ...
Gavin v. Branstad, 122 F.3d 1081 (8th Cir. 1997) (Judge Bowman)
Benjamin v. Jacobson, 124 F.3d 162 (2nd Cir. 1997) (Judge Calabresi)
Taylor v. State of Arizona, 972 F.Supp. 1239 (D.Ariz. 1997) (Judge Broomfield)
As the rising tide of new prisoners began to reach floodgate proportions, Congress decided that it ...
Tragically, this decision reverses the powerful and provocative decision written by Judge Harrington in U.S. v. Stokes, 947 F.Supp. 546 (D.Mass. 1996), which was reviewed in the Feb. 10, 1997 issue of Punch and Jurists (Vol. 4, No. 6). In that decision, Judge Harrington dismissed a Federal indictment that had ...
In this case a Federal prisoner sought leave from the courts to file a second motion to vacate his sentence under 28 U.S.C. § 2255. Originally, he filed a motion to vacate his gun conviction under 18 U.S.C. § 924(c) on Double Jeopardy grounds. After losing that motion, the Supreme ...
Although the courts often reiterate the concept that plea agreements are essentially contracts and they are therefore governed by principles of contract law, there has always been an inexplicable dichotomy between criminal law and commercial law when it comes to determining whether the contract was entered into voluntarily. Under established ...
Here the Court held that the immediate termination provisions of the PLRA did not violate the due process rights of the prisoners, nor their equal protection rights, nor the separation of powers doctrine, nor impermissibly reopen judicial decrees.
Gavin v. Branstad, 122 F.3d 1081 (8th Cir. 1997) (Judge Bowman)
Benjamin ...
Tragically, this decision reverses the powerful and provocative decision written by Judge Harrington in U.S. v. Stokes, 947 F.Supp. 546 (D.Mass. 1996), which was reviewed in the Feb. 10, 1997 issue of Punch and Jurists (Vol. 4, No. 6). In that decision, Judge Harrington dismissed a Federal indictment that had ...
Case held that sentencing departure from money laundering Guidelines is warranted when case does not involve drugs or organized crime.
This masterful and far-reaching Sentencing Guidelines decision deals with an extremely important and very timely topic - the almost standard use of the money laundering statutes to increase the sentences ...
Gavin v. Branstad, 122 F.3d 1081 (8th Cir. 1997) (Judge Bowman)
Benjamin v. Jacobson, 124 F.3d 162 (2nd Cir. 1997) (Judge Calabresi)
Taylor v. State of Arizona, 972 F.Supp. 1239 (D.Ariz. 1997) (Judge Broomfield)
As the rising tide of new prisoners began to reach floodgate proportions, Congress decided that it ...
This masterful and far-reaching Sentencing Guidelines decision deals with an extremely important and very timely topic - the almost standard use of the money laundering statutes to increase the sentences of defendants in virtually every money-related crime. The precise issue addressed was the propriety of a substantial downward departure granted ...
Gavin v. Branstad, 122 F.3d 1081 (8th Cir. 1997) (Judge Bowman)
Benjamin v. Jacobson, 124 F.3d 162 (2nd Cir. 1997) (Judge Calabresi)
Taylor v. State of Arizona, 972 F.Supp. 1239 (D.Ariz. 1997) (Judge Broomfield)
As the rising tide of new prisoners began to reach floodgate proportions, Congress decided that it ...
Retrial following mistrial based on "manifest necessity".
This case is noted because it explores one of the great loopholes in Double Jeopardy jurisprudence - the slippery and elusive concept of "manifest necessity." Midway through a drug trial, the district court (Judge Rosenbaum) declared a mistrial because it was learned that ...
This case is noted because it reviews some of the legal principles that govern the quashing subpoenas. As the case notes, normally a party seeking to quash a subpoena cannot appeal a court order to comply without first resisting that order and subjecting itself to a citation for contempt. An ...
In this case a Federal prisoner sought leave from the courts to file a second motion to vacate his sentence under 28 U.S.C. § 2255. Originally, he filed a motion to vacate his gun conviction under 18 U.S.C. § 924(c) on Double Jeopardy grounds. After losing that motion, the Supreme ...
Guideline departures warranted when money laundering is charged in cases not involving drugs and organized crime enterprises.
This masterful and far-reaching Sentencing Guidelines decision deals with an extremely important and very timely topic - the almost standard use of the money laundering statutes to increase the sentences of defendants in ...
Court upheld the authority of Probation Officers to file petitions to revoke supervised release.
In the May 19, 1997 issue of Punch and Jurists (Vol. 4, No. 20) we reported on a case, U.S. v. Jones, 957 F.Supp. 1088 (E.D.Ark. 1997), in which Judge Eisele held that when probation officers ...
In Government of the Virgin Islands v. Smith, 615 F.3d 964 (3rd Cir. 1980), the Third Circuit originated the "effective defense theory" under which it ruled that a trial court has the power to grant immunity to a witness who otherwise would invoke the Fifth Amendment based on a defendant's ...
Here the Court held that the immediate termination provisions of the PLRA did not violate the due process rights of the prisoners, nor their equal protection rights, nor the separation of powers doctrine, nor impermissibly reopen judicial decrees.
Gavin v. Branstad, 122 F.3d 1081 (8th Cir. 1997) (Judge Bowman)
Benjamin ...
Gavin v. Branstad, 122 F.3d 1081 (8th Cir. 1997) (Judge Bowman)
Benjamin v. Jacobson, 124 F.3d 162 (2nd Cir. 1997) (Judge Calabresi)
Taylor v. State of Arizona, 972 F.Supp. 1239 (D.Ariz. 1997) (Judge Broomfield)
As the rising tide of new prisoners began to reach floodgate proportions, Congress decided that it ...
Quote from Judge Harrington's decision reported at 947 F.Supp 546, in which he gave a powerful list of reasons why a second prosecution of the defendant in this case violated the Double Jeopardy Clause.
QUOTE OF THE WEEK - The "spirit of vengeance" that motivates many indictments.
"The United States ...
In the May 19, 1997 issue of Punch and Jurists (Vol. 4, No. 20) we reported on a case, U.S. v. Jones, 957 F.Supp. 1088 (E.D.Ark. 1997), in which Judge Eisele held that when probation officers petition the courts to revoke a probationer's supervised release, "they are practicing law and ...
This case raises an intriguing and potentially fertile ground for sentencing departures: pre-trial incarceration either for a prolonged period or under deplorable conditions. The defendant in this case argued that the conditions at the infamous Union County Jail were he was held for a lengthy pre-trial period were so severe ...
