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U.S. v. Jass, No. 06-4899-cr(L) (2nd Cir.) (569 F.3d 47) (June 16, 2009) (Judge Reena Raggi)

Article • July 1, 2009 • from P&J July, 2009

Filed under: Punch And Jurists, Bruton Error

U.S. v. Jass, No. 06-4899-cr(L) (2nd Cir.) (569 F.3d 47) (June 16, 2009) (Judge Reena Raggi) by Defendants' child pornography convictions and sentences are affirmed, where: 1) any Sixth Amendment error due to the introduction of Defendant's redacted confession was harmless; and 2) the District Court applied an unwarranted sentencing …

U.S. v. Davis, No. 05-3784 (6th Cir.) (537 F.3d 611) (August 12, 2008) (Judge Jeffrey S. Sutton)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Delay/Lateness

U.S. v. Davis, No. 05-3784 (6th Cir.) (537 F.3d 611) (August 12, 2008) (Judge Jeffrey S. Sutton) by Here, on remand from the Supreme Court, the Court held that the district court's second explanation for its sentence, namely a 14-year gap between the defendant's crimes and his second sentencing hearing, …

U.S. v. Bedonie, No. 04-4103 (10th Cir.) (413 F.3d 1126) (June 27, 2005) (Judge Monroe G. McKay)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Delay/Lateness

U.S. v. Bedonie, No. 04-4103 (10th Cir.) (413 F.3d 1126) (June 27, 2005) (Judge Monroe G. McKay) by Here the Court held that a district court does not have jurisdiction to re-open a restitution order, on its own motion, either pursuant to the Mandatory Victims Restitution Act (MVRA) or the …

Crane v. Kentucky, No. 85-5238 (U.S. Supreme Court) (476 U.S. 683; 106 S.Ct. 2142) (June 9, 1986) (Justice O'Connor)

Article • July 21, 2005

Filed under: Punch And Jurists, Defense - Right to Present

Crane v. Kentucky, No. 85-5238 (U.S. Supreme Court) (476 U.S. 683; 106 S.Ct. 2142) (June 9, 1986) (Justice O'Connor) by In this case, the trial court had conducted a pretrial hearing and determined that the petitioner's confession was given voluntarily. Subsequently at trial, the petitioner sought to introduce testimony about …

Bruton v. U.S., No. 705 (U.S. Supreme Court) (391 U.S. 123; 88 S.Ct. 1620) (May 20, 2068) (Justice Brennan)

Article • December 18, 2004

Filed under: Punch And Jurists, Bruton Error

Bruton v. U.S., No. 705 (U.S. Supreme Court) (391 U.S. 123; 88 S.Ct. 1620) (May 20, 2068) (Justice Brennan) by In this case, two codefendants, James Evans and George Bruton, were tried jointly and convicted of armed postal robbery. At trial, Bruton testified, but Evand did not. However, prior to …

U.S. v. Macias, No. 03-5226 (6th Cir.) (387 F.3d 509) (October 26, 2004) (Judge Eric L. Clay)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Bruton Error

U.S. v. Macias, No. 03-5226 (6th Cir.) (387 F.3d 509) (October 26, 2004) (Judge Eric L. Clay) by This case is noted for its excellent, up-to-date summary of the state of the law relating to Bruton violations (Bruton v. U.S., 391 U.S. 123 (1968)). The defendant, who was convicted of …

Brown v. Illinois, No. 73-6650 (U.S. Supreme Court) (422 U.S. 590; 95 S.Ct. 2254) (June 26, 1975) (Justice Blackmun)

Article • September 17, 2004

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Brown v. Illinois, No. 73-6650 (U.S. Supreme Court) (422 U.S. 590; 95 S.Ct. 2254) (June 26, 1975) (Justice Blackmun) by In this case the Supreme Court observed the dual purposes behind application of the exclusionary rule to a suspect's statement made following a Fourth Amendment violation. Here, the police made …

A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (339 F.Supp.2d 501) (September 15, 2004) (Judge Alvin K. Hellerstein)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Delay/Lateness

A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (339 F.Supp.2d 501) (September 15, 2004) (Judge Alvin K. Hellerstein) by America’s treatment of large groups of detainees at various military bases and installations overseas continues to generate huge controversy. Last month, the American Bar Association criticized what it …

Lego v. Twomey, No. 70-5037 (U.S. Supreme Court) (404 U.S. 477; 92 S.Ct. 619) (January 12, 1972) (Justice White)

Article • December 9, 2003

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Lego v. Twomey, No. 70-5037 (U.S. Supreme Court) (404 U.S. 477; 92 S.Ct. 619) (January 12, 1972) (Justice White) by Petitioner inmate challenged the decision of the United States Court of Appeals for the Seventh Circuit, which denied his petition for a writ of habeas corpus. The inmate maintained that …

U.S. v. Gurolla, No. 99-50657 (9th Cir.) (333 F.3d 944) (June 23, 2003) (Judge Stephen Reinhardt)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Defense - Right to Present

U.S. v. Gurolla, No. 99-50657 (9th Cir.) (333 F.3d 944) (June 23, 2003) (Judge Stephen Reinhardt) by In this case, three defendants sought review of a judgment from the District Court, which convicted them upon a jury verdict of money laundering and which resulted in sentences of 87, 121, and …

U.S. v. Alvarez-Machain, No. 91-712 (U.S. Supreme Court) (504 U.S. 655; 112 S.Ct. 2188) (June 15, 1992) (Justice Rehnquist)

Article • June 10, 2003

Filed under: Punch And Jurists, Treaty Rights

U.S. v. Alvarez-Machain, No. 91-712 (U.S. Supreme Court) (504 U.S. 655; 112 S.Ct. 2188) (June 15, 1992) (Justice Rehnquist) by Here the majority held that a criminal defendant, abducted to the United States from a nation with which it has an extradition treaty, does not thereby acquire a defense to …

Montana v. Egelhoff, No. 95-566 (U.S. Supreme Court) (518 U.S. 37; 116 S.Ct. 2013) (June 13, 1996) (Justice Scalia)

Article • April 9, 2003

Filed under: Punch And Jurists, Defense - Right to Present

Montana v. Egelhoff, No. 95-566 (U.S. Supreme Court) (518 U.S. 37; 116 S.Ct. 2013) (June 13, 1996) (Justice Scalia) by In this case the Supreme Court was faced with the issue of the admissibility of voluntary intoxication evidence under Montana’s “deliberate homicide” statute. The opinion was issued by a four-person …

Rock v. Arkansas, No. 86-130 (U.S. Supreme Court) (483 U.S. 44; 107 S.Ct. 2704) (June 22, 1987) (Justice Blackmun)

Article • April 8, 2003

Filed under: Punch And Jurists, Defense - Right to Present

Rock v. Arkansas, No. 86-130 (U.S. Supreme Court) (483 U.S. 44; 107 S.Ct. 2704) (June 22, 1987) (Justice Blackmun) by In this case, the petitioner was charged with manslaughter in the shooting death of her husband. Unable to remember the precise details of the shooting, the petitioner underwent hypnosis twice. …

Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell)

Article • April 8, 2003

Filed under: Punch And Jurists, Defense - Right to Present

Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell) by In this case the strict application of certain Mississippi rules of evidence thwarted the petitioner's attempts to present his version of the facts during his murder trial. Based on the …

Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren)

Article • April 8, 2003

Filed under: Punch And Jurists, Defense - Right to Present

Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren) by At issue in this case was a Texas procedural rule that barred persons charged or convicted as coparticipants in the same crime from testifying on behalf of each other, although …

Gallegos v. Colorado, No. 475 (U.S. Supreme Court) (370 U.S. 49; 82 S.Ct. 1209) (June 4, 2062) (Justice Douglas)

Article • October 30, 2002

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Gallegos v. Colorado, No. 475 (U.S. Supreme Court) (370 U.S. 49; 82 S.Ct. 1209) (June 4, 2062) (Justice Douglas) by Here the court vacated the conviction of a 14-year old boy who confessed to an assault immediately on arrest, on the gounds that his formal confession was not voluntary but …

Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart)

Article • August 7, 2002

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart) by In this case the police conducted a warrantless, four-day search of the apartment where the defendant had killed a police officer. In the evening of the same day as the …

Jackson v. Denno, No. 62 (U.S. Supreme Court) (378 U.S. 368; 84 S.Ct. 1774) (June 22, 2064) (Justice White)

Article • July 19, 2002

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Jackson v. Denno, No. 62 (U.S. Supreme Court) (378 U.S. 368; 84 S.Ct. 1774) (June 22, 2064) (Justice White) by Here the Court held that when the voluntariness of a confession is at issue there must be a procedure adopted which provides "a reliable and clearcut determination of . . …

U.S. v. Gregory, No. CR. 99-00494-SOM (D.Hawai'I) (160 F.Supp.2d 1166) (August 3, 2001) (Judge Susan Oki Mollway)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Delay/Lateness

U.S. v. Gregory, No. CR. 99-00494-SOM (D.Hawai'I) (160 F.Supp.2d 1166) (August 3, 2001) (Judge Susan Oki Mollway) by Judge Mollway started her decision in this case by stating: “This case presents the unusual circumstance in which a defendant pleads guilty to the charges in an indictment, is sentenced to a …

U.S. v. Duffy, No. 99 CR 598 (E.D.N.Y.) (133 F.Supp.2d 213) (March 13, 2001) (Judge Nina Gershon)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Duffy, No. 99 CR 598 (E.D.N.Y.) (133 F.Supp.2d 213) (March 13, 2001) (Judge Nina Gershon) by This is an important decision in which Judge Gershon held that a common provision of the Government’s “standard” proffer agreement that is used in the Eastern District of New York was so …