Loaded on
June 1, 2001
published in Punch and Jurists
July 02, 2001
In this case, the defendant claimed that the district court erred when it denied him the opportunity to present evidence that he was high on crack cocaine at the time he committed bank robbery, which denied him the ability to present a defense that he lacked the requisite intent or ...
Loaded on
June 1, 2001
published in Punch and Jurists
July 02, 2001
Michael Fulcher was an inmate at Bland Correctional Center in Virginia (BCC) - an institution that was apparently renowned for its “pervasive presence of drugs” that was the result of an “extensive” network of drug distribution which involved inmates, prison officials, and girlfriends and relatives of the inmates. Michael Fulcher ...
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
Here the Court held that the defendant's modest religious activities did not justify a downward departure from the applicable Guideline range on a remand for resentencing (and prior to the adoption of USSG § 5K2.19.
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
A brief review of Jennifer Wynn's "Inside Rikers: Stories From the World’s Largest Penal Colony," 223 pages, St. Martin's Press, 2001.
BOOK REVIEW - “Inside Rikers: Stories From the World’s Largest Penal Colony,” by Jennifer Wynn, 223 pp., New York, 2001, St. Martin’s Press, $24.95
Jennifer Wynn, a Member of ...
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
Here, taking issue with the Second Circuit, the Court held that a felon's possession of a firearm is not a "crime of violence" under the Bail Reform Act which automatically denies the defendant the right to obtain bail pending appeal.
Under the provisions of the Bail Reform Act, a defendant ...
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
Here the Court approved the forced use of antipsychotic drugs on a pretrial detainee who has been accused of killing two policemen in an attempt to make him competent to stand trial on the grounds of the government's interest in bringing him to justice.
This is the fourth court decision ...
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
The defendant was caught in one of the many ongoing Internet sex-sting operations, in which he was charged with attempting to persuade a 14-year-old girl to engage in sexual activity in violation of 18 U.S.C. § 2422 (b). The alleged victim was in fact an adult, female agent of the ...
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
It’s a rare case when a money laundering conviction is overturned - and it’s even more rare when a court does so when (a) the defendant concedes that he engaged in a “financial transaction” as defined in the money laundering statutes, and (b) the court assumes the defendant did know ...
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
Here the Court held that in the absence of a statute enacted by Congress, the district court did not have the jurisdiction to expunge a criminal record, even in a case that ended in an acquittal.
The petitioner in this case filed a motion seeking to expunge the record of ...
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
Here the First Circuit vacated an order of Judge Gertner granting a new trial in the grounds that the errors cited (ineffective assistance if counsel and the exclusion of evidence offered to impeach a Government witness) were harmless at best.
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
Here the Court ruled that plaintiffs may use statistics to show that troopers engaged in racial profiling by treating members of plaintiffs' class differently than other motorists similarly situated but for membership in the class.
Loaded on
July 1, 2001
published in Punch and Jurists
July 02, 2001
Here the Sixth Circuit became the first appellate court to deny an application to file a second or successive motion for habeas relief based Apprendi due to the Supreme Court’s recent recision in Tyler v. Cain, 212 S.Ct. 2478 (2001).
As we predicted, it did not take long for the ...