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Matthews v. U.S., No. 10-0611-pr (2nd Cir.) (682 F.3d 180) (June 14, 2012) (Judge Amalya Lyle Kearse)

Article • December 1, 2012

Filed under: Punch And Jurists, Strickland Standard

Matthews v. U.S., No. 10-0611-pr (2nd Cir.) (682 F.3d 180) (June 14, 2012) (Judge Amalya Lyle Kearse) by In a habeas appeal of sentence of life imprisonment as a career offender pursuant to 18 U.S.C. § 3559(c) following petitioner's conviction of federal bank robbery and conspiracy, the matter must be …

U.S. v. Barnes, No. 10-3099-cr (2nd Cir.) (693 F.3d 261) (September 4, 2012) (Judge Amalya Lyle Kearse)

Article • December 1, 2012

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Barnes, No. 10-3099-cr (2nd Cir.) (693 F.3d 261) (September 4, 2012) (Judge Amalya Lyle Kearse) by Defendant's convictions for multiple crimes, including, narcotics, racketeering, and firearm offenses are affirmed, where defendant's claim that his Sixth Amendment right to represent himself at trial was violated is rejected, as his …

U.S. v. Elbert, No. 10-72-cr (2nd Cir.) (658 F.3d 220) (September 19, 2011) (Judge Dennis G. Jacobs)

Article • December 1, 2011

Filed under: Punch And Jurists, Anders Brief

U.S. v. Elbert, No. 10-72-cr (2nd Cir.) (658 F.3d 220) (September 19, 2011) (Judge Dennis G. Jacobs) by Plea conviction and sentencing of defendant on child sexual abuse offenses are upheld where defendant's Anders motion and the government's motion for summary affirmance are affirmed without remand because although compliance with …

Morales v. U.S., No. 04-0858-pr (2nd Cir.) (635 F.3d 39) (March 11, 2011) (Judge Peter W. Hall)

Article • December 1, 2011

Filed under: Punch And Jurists, Counsel - Effective Assistance of

Morales v. U.S., No. 04-0858-pr (2nd Cir.) (635 F.3d 39) (March 11, 2011) (Judge Peter W. Hall) by [Editor's Note: For a commentary on this decision, see "Nothing Special," by Steve Statsinger, as posted on the Second Circuit Blog on March 20, 2011 at http://circuit2.blogspot.com/2011/03/nothing-special.html as follows: Although decisions in …

Cornell v. Kirkpatrick, No. 10-561-pr (2nd Cir.) (665 F.3d 369) (December 1, 2011) (Judge Chester J. Straub)

Article • December 1, 2011

Filed under: Punch And Jurists, Strickland Standard

Cornell v. Kirkpatrick, No. 10-561-pr (2nd Cir.) (665 F.3d 369) (December 1, 2011) (Judge Chester J. Straub) by In an appeal from a judgment of the district court denying plaintiff's petition for habeas relief from his conviction for rape, judgment is reversed where: 1) trial counsel's failure to object to …

Premo v. Moore, No. 09-658 (U.S. Supreme Court) (562 U.S. 115; 131 S.Ct. 733) (January 19, 2011) (Justice Kennedy)

Article • January 24, 2011 • from P&J January, 2011

Filed under: Punch And Jurists, Strickland Standard

Premo v. Moore, No. 09-658 (U.S. Supreme Court) (562 U.S. 115; 131 S.Ct. 733) (January 19, 2011) (Justice Kennedy) by Harrington v. Richter, 131 S.Ct. 770 (Jan. 19, 2011) (Justice Kennedy) Premo v. Moore, 131 S.Ct. 733 (Jan. 19, 2011) (Justice Kennedy) In these companion decisions, a unanimous Supreme Court …

U.S. v. Brown, No. 08-1207-cr (2nd Cir.) (623 F.3d 104) (October 19, 2010) (Judge Peter W. Hall)

Article • November 1, 2010

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

U.S. v. Brown, No. 08-1207-cr (2nd Cir.) (623 F.3d 104) (October 19, 2010) (Judge Peter W. Hall) by Defendant's drug trafficking sentence is affirmed in part where the district court properly found that defendant's motions seeking to force the government to recommend a downward departure were meritless because no plea …

U.S. v. Caracappa, No. 09-1177-cr (2nd Cir.) (614 F.3d 30) (July 23, 2010) (Judge Amalya Lyle Kearse)

Article • September 1, 2010

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

U.S. v. Caracappa, No. 09-1177-cr (2nd Cir.) (614 F.3d 30) (July 23, 2010) (Judge Amalya Lyle Kearse) by Defendants' racketeering and drug conspiracy convictions are affirmed where: 1) there was no error in the district court's determination that defendants had suggested that a witness had fabricated his testimony in order …

U.S. v. Frankel, No. 06-1752-cr (2nd Cir.) (589 F.3d 566) (December 21, 2009) (Per Curiam)

Article • February 22, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Frankel, No. 06-1752-cr (2nd Cir.) (589 F.3d 566) (December 21, 2009) (Per Curiam) by In a wire fraud prosecution, the court of appeals' prior order relieving appointed counsel as a sanction for defendant's misconduct is vacated where the order was not preceded by notice to defendant and an …

Ventry v. U.S., No. 06-3104-pr (2nd Cir.) (539 F.3d 102) (August 15, 2008) (Judge Richard C. Wesley)

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

Filed under: Punch And Jurists, Conflict of Interest

Ventry v. U.S., No. 06-3104-pr (2nd Cir.) (539 F.3d 102) (August 15, 2008) (Judge Richard C. Wesley) by Denial of petition for writ of habeas corpus, based on a claim that ineffective counsel led to his conviction for attempted armed robbery, is vacated where attorneys, one or both whom may …

U.S. v. Monsanto, No. 88-454 (U.S. Supreme Court) (491 U.S. 600; 109 S.Ct. 2657) (June 22, 1989) (Justice White)

Article • April 14, 2008

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

U.S. v. Monsanto, No. 88-454 (U.S. Supreme Court) (491 U.S. 600; 109 S.Ct. 2657) (June 22, 1989) (Justice White) by Case held the pre-trial restraint of a criminal defendant's assets, pursuant to 21 U.S.C. § 853, does not violate the defendant's constitutional rights to retain an attorney so long as …

Clark v. Perez, No. 06-5340-pr (2nd Cir.) (510 F.3d 382) (January 3, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Pro Se Issues

Clark v. Perez, No. 06-5340-pr (2nd Cir.) (510 F.3d 382) (January 3, 2008) (Judge Dennis G. Jacobs) by In case where petitioner was convicted of second degree murder, robbery, and lesser crimes in state court, judgment of district court granting petitioner a writ of habeas corpus is reversed where: 1) …

Richey v. Bradshaw, No. 01-3477 (6th Cir.) (498 F.3d 344) (August 10, 2007) (Judge R. Guy Jr. Cole)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, Strickland Standard

Richey v. Bradshaw, No. 01-3477 (6th Cir.) (498 F.3d 344) (August 10, 2007) (Judge R. Guy Jr. Cole) by

U.S. v. Bullion, No. 06-1523 (7th Cir.) (466 F.3d 574) (October 19, 2006) (Judge Richard A. Posner)

Article • September 1, 2006 • from P&J September, 2006

Filed under: Punch And Jurists, Anders Brief

U.S. v. Bullion, No. 06-1523 (7th Cir.) (466 F.3d 574) (October 19, 2006) (Judge Richard A. Posner) by Once again the Seventh Circuit has routinely affirmed a substantially above-Guidelines sentence; and once again Judge Posner has used such excessively sweeping language to explain his ruling that his words evoked an …

U.S. v. Davis, No. 04-50030 (9th Cir.) (428 F.3d 802) (November 2, 2005) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Davis, No. 04-50030 (9th Cir.) (428 F.3d 802) (November 2, 2005) (Judge Charles R. Breyer) by Amending and replacing decision previously reported at 410 F.3d 1122, and adding partial dissent of Judge Consuelo M. Callahan.

Evitts v. Lucey, No. 83-1378 (U.S. Supreme Court) (469 U.S. 387; 105 S.Ct. 830) (January 21, 1985) (Justice Brennan)

Article • October 25, 2005

Filed under: Punch And Jurists, Strickland Standard

Evitts v. Lucey, No. 83-1378 (U.S. Supreme Court) (469 U.S. 387; 105 S.Ct. 830) (January 21, 1985) (Justice Brennan) by In this case the Court held that the Due Process Clause alone, absent any equal protection principles, guaranteed the right to effective assistance of appellate counsel. (Id., at 391-92). Crucially, …

Caplin & Drysdale, Chartered v. U.S., No. 87-1729 (U.S. Supreme Court) (491 U.S. 617; 109 S.Ct. 2646) (June 22, 1989) (Justice White)

Article • September 4, 2005

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

Caplin & Drysdale, Chartered v. U.S., No. 87-1729 (U.S. Supreme Court) (491 U.S. 617; 109 S.Ct. 2646) (June 22, 1989) (Justice White) by In this case a defendant was charged with running a massive drug importation and distribution scheme alleged to be a continuing criminal enterprise (CCE) in violation of …

Glover v. U.S., No. 99-8576 (U.S. Supreme Court) (531 U.S. 198; 121 S.Ct. 696) (January 9, 2001) (Justice Kennedy)

Article • August 3, 2005

Filed under: Punch And Jurists, Strickland Standard

Glover v. U.S., No. 99-8576 (U.S. Supreme Court) (531 U.S. 198; 121 S.Ct. 696) (January 9, 2001) (Justice Kennedy) by In a decision that may foreshadow an increase in claims of ineffective assistance of counsel at sentencing, the Supreme Court has ruled that it was improper for the Seventh Circuit …

U.S. v. Razmilovic, No. 04-4543-cr(L) (2nd Cir.) (419 F.3d 134) (August 17, 2005) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

U.S. v. Razmilovic, No. 04-4543-cr(L) (2nd Cir.) (419 F.3d 134) (August 17, 2005) (Judge Ralph K. Jr. Winter) by U.S. v. Razmilovic, 419 F.3d 134 (2nd Cir. 08/17/05) (Judge Winter) U.S. v. Wingerter, 369 F.Supp.2d 799 (E.D.Va. 2005) (Judge Ellis) Both of these cases address the extraordinary remedy of a …

Belmontes v. Brown, No. 01-99018 (9th Cir.) (414 F.3d 1094) (July 15, 2005) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Strickland Standard

Belmontes v. Brown, No. 01-99018 (9th Cir.) (414 F.3d 1094) (July 15, 2005) (Judge Stephen Reinhardt) by On remand from the Supreme Court at 125 S.Ct. 1697; see prior decision reported at Belmontes v. Woodford, 350 F.3d 861 (9th Cir. 2003). The court had previously held that there was a …