Search | Punch and Jurists

U.S. v. Pineda-Mateo, No. 17-1857 (1st Cir.) (905 F.3d 13) (September 18, 2018) (Judge Juan R. Torruella)

Article • January 1, 2019 • from P&J February, 2019

Filed under: Punch And Jurists, Joint Participant

U.S. v. Pineda-Mateo, No. 17-1857 (1st Cir.) (905 F.3d 13) (September 18, 2018) (Judge Juan R. Torruella) by This is an interesting decision in which the First Circuit was called upon to decide an issue of first impression for that Circuit, namely, whether to recognize a “joint participant” exception to …

U.S. v. Machado-Erazo, No. 15-3040 (D.C. Cir.) (901 F.3d 326) (April 10, 2018) (Judge Robert Leon. Wilkins)

Article • January 1, 2019 • from P&J February, 2019

Filed under: Punch And Jurists, Evidence Intrinsic to the Crime

U.S. v. Machado-Erazo, No. 15-3040 (D.C. Cir.) (901 F.3d 326) (April 10, 2018) (Judge Robert Leon. Wilkins) by This appeal involves the convictions and sentences of three members of the MS-13 Gang for various crimes committed in and around the District of Columbia, including conspiracy to violate the Racketeer Influenced …

Class v. U.S., No. 16-424 (U.S. Supreme Court) (583 U.S. ___; 138 S.Ct. 798) (February 21, 2018) (Justice Breyer)

Article • February 26, 2018 • from P&J February, 2018

Filed under: Punch And Jurists, Exceptions

Class v. U.S., No. 16-424 (U.S. Supreme Court) (583 U.S. ___; 138 S.Ct. 798) (February 21, 2018) (Justice Breyer) by In this case, the Supreme Court held, by a vote of 6-3, that a guilty plea, by itself, does not bar a Federal criminal defendant from later challenging the constitutionality …

Utah v. Strieff, No. 14-1373 (U.S. Supreme Court) (579 U.S. ___; 136 S.Ct. 2056) (June 20, 2016) (Justice Thomas)

Article • December 26, 2016 • from P&J June, 2016

Filed under: Punch And Jurists, Exceptions

Utah v. Strieff, No. 14-1373 (U.S. Supreme Court) (579 U.S. ___; 136 S.Ct. 2056) (June 20, 2016) (Justice Thomas) by This decision will probably most be remembered for two reasons. First and foremost, it sparked a remarkable and explosive dissent from Justice Sotomayor in which she warned: “The Court today …

U.S. v. Engelmann, No. 12-1343 (8th Cir.) (720 F.3d 1005) (July 30, 2013) (Judge Bobby E. Shepherd)

Article • September 23, 2013 • from P&J September, 2013

Filed under: Punch And Jurists, Case Agents

U.S. v. Engelmann, No. 12-1343 (8th Cir.) (720 F.3d 1005) (July 30, 2013) (Judge Bobby E. Shepherd) by n its prior decision in this case, reported at U.S. v. Engelmann, 701 F.3d 874 (8th Cir. Dec. 19, 2012) (P&J, 02/04/13),a divided panel from the Eighth Circuit held that the district …

U.S. v. Engelmann, No. 12-1343 (8th Cir.) (701 F.3d 874) (December 19, 2012) (Judge Bobby E. Shepherd)

Article • February 4, 2013 • from P&J February, 2013

Filed under: Punch And Jurists, Case Agents

U.S. v. Engelmann, No. 12-1343 (8th Cir.) (701 F.3d 874) (December 19, 2012) (Judge Bobby E. Shepherd) by This case is noted for its detailed discussion of the scope and meaning of Rule 615 of the Fed.R.Evid., which deals with the exclusion or sequestration of witnesses at trial. In relevant …

Rivas v. Fischer, No. 10-1300-pr (2nd Cir.) (687 F.3d 514) (July 9, 2012) (Judge Jose A. Cabranes)

Article • December 1, 2012

Filed under: Punch And Jurists, Exceptions

Rivas v. Fischer, No. 10-1300-pr (2nd Cir.) (687 F.3d 514) (July 9, 2012) (Judge Jose A. Cabranes) by Denial of petition for writ of habeas corpus under 28 U.S.C. section 2254 as time barred is reversed and relief granted where, although the petition was not timely filed and petitioner is …

Davis v. U.S., No. 09-11328 (U.S. Supreme Court) (564 U.S. 229; 131 S.Ct. 2419) (June 16, 2011) (Justice Alito)

Article • June 27, 2011 • from P&J June, 2011

Filed under: Punch And Jurists, Good Faith Reliance on Binding Precedent

Davis v. U.S., No. 09-11328 (U.S. Supreme Court) (564 U.S. 229; 131 S.Ct. 2419) (June 16, 2011) (Justice Alito) by The opening paragraph of Justice Alito’s 7-2 majority opinion in this case described, in deceptively mellow words, the issue before the Court and the Court’s ruling as follows: “The Fourth …

Caro v. Weintraub, No. 09-3685-cv (2nd Cir.) (618 F.3d 94) (August 13, 2010) (Judge Richard C. Wesley)

Article • October 1, 2010

Filed under: Punch And Jurists, Exceptions

Caro v. Weintraub, No. 09-3685-cv (2nd Cir.) (618 F.3d 94) (August 13, 2010) (Judge Richard C. Wesley) by Here the Court held that the exception to the one-party consent provision of 18 U.S.C. § 2511(2)(d) requires that a communication be intercepted for the purpose of a tortious or criminal act …

Magwood v. Patterson, No. 09-158 (U.S. Supreme Court) (561 U.S. 320; 130 S.Ct. 2788) (June 24, 2010) (Justice Thomas)

Article • July 12, 2010 • from P&J July, 2010

Filed under: Punch And Jurists, Exceptions

Magwood v. Patterson, No. 09-158 (U.S. Supreme Court) (561 U.S. 320; 130 S.Ct. 2788) (June 24, 2010) (Justice Thomas) by In another decision involving the still controversial Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a divided Court held that, when a criminal defendant succeeds in having his original …

Carachuri-Rosendo v. Holder, No. 09-60 (U.S. Supreme Court) (560 U.S. 605; 130 S.Ct. 2577) (June 14, 2010) (Justice Stevens)

Article • June 28, 2010 • from P&J June, 2010

Filed under: Punch And Jurists, Exceptions

Carachuri-Rosendo v. Holder, No. 09-60 (U.S. Supreme Court) (560 U.S. 605; 130 S.Ct. 2577) (June 14, 2010) (Justice Stevens) by In this case, a unanimous Court held that a second or subsequent conviction on a simple drug possession charge is not necessarily an “aggravated felony” for purposes of removal under …

U.S. v. Velez, No. 09-10199 (11th Cir.) (586 F.3d 875) (October 26, 2009) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Exceptions

U.S. v. Velez, No. 09-10199 (11th Cir.) (586 F.3d 875) (October 26, 2009) (Judge Rosemary Barkett) by In this case of first impression, the Eleventh Circuit held that prominent criminal defense attorney Ben Kuehne of Miami could not be charged with money laundering under 18 U.S.C. § 1957(a) because the …

Herring v. U.S., No. 07-513 (U.S. Supreme Court) (555 U.S. 135; 129 S.Ct. 695) (January 14, 2009) (Justice (John G.) Roberts)

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

Filed under: Punch And Jurists, Police Negligence

Herring v. U.S., No. 07-513 (U.S. Supreme Court) (555 U.S. 135; 129 S.Ct. 695) (January 14, 2009) (Justice (John G.) Roberts) by Here divided Court carved out another exception to the exclusionary rule holding that evidence of a crime does not have to be excluded from a case if the …

U.S. v. Horvath, No. 06-30447 (9th Cir.) (522 F.3d 904) (April 9, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, Statements Submitted to a Court

U.S. v. Horvath, No. 06-30447 (9th Cir.) (522 F.3d 904) (April 9, 2008) (Per Curiam) by In the 09/10/07 issue of P&J, we noted a decision from the Ninth Circuit, U.S. v. Horvath, 492 F.3d 1075 (9th Cir. July 10, 2007) (“Horvath I”), in which a divided panel held that …

U.S. v. Horvath, No. 06-30447 (9th Cir.) (492 F.3d 1075) (July 10, 2007) (Judge Susan P. Graber)

Article • September 1, 2007 • from P&J March, 2008

Filed under: Punch And Jurists, Statements Submitted to a Court

U.S. v. Horvath, No. 06-30447 (9th Cir.) (492 F.3d 1075) (July 10, 2007) (Judge Susan P. Graber) by Under 18 U.S.C. § 1001(a), any person who knowingly and willfully makes a materially false statement to the federal government is subject to criminal liability. Congress, however, chose to exempt from criminal …

Samuels v. Bureau of Prisons, No. Civil No. 06-40085-RCL (D.Mass.) (498 F.Supp.2d 415) (July 27, 2007) (Judge Reginald C. Lindsay)

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

Filed under: Punch And Jurists, Exceptions

Samuels v. Bureau of Prisons, No. Civil No. 06-40085-RCL (D.Mass.) (498 F.Supp.2d 415) (July 27, 2007) (Judge Reginald C. Lindsay) by After exhausting his inmate grievance procedures, Julian Samuels, a Federal prisoner, filed a lawsuit, under the Federal Tort Claims Act (FTCA) (18 U.S.C. §§ 1346(b) and 2671-2680)), against the …

U.S. v. Norman, No. 04-20177 (5th Cir.) (415 F.3d 466) (July 1, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Learned Treatises

U.S. v. Norman, No. 04-20177 (5th Cir.) (415 F.3d 466) (July 1, 2005) (Per Curiam) by

Brown v. Keane, No. 02-2703 (2nd Cir.) (355 F.3d 82) (January 8, 2004) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Present Sense Impression

Brown v. Keane, No. 02-2703 (2nd Cir.) (355 F.3d 82) (January 8, 2004) (Judge Pierre N. Leval) by Here the Court reversed Judge Kaplan's decision reported at 229 F.Supp.2d 298 in which he ruled that a 911 call was admissible into evidence as a "present sense impression" exception to the …

Brown v. Keane, No. 02 Civ. 0350 (S.D.N.Y.) (229 F.Supp.2d 298) (October 31, 2002) (Judge Lewis A. Kaplan)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Present Sense Impression

Brown v. Keane, No. 02 Civ. 0350 (S.D.N.Y.) (229 F.Supp.2d 298) (October 31, 2002) (Judge Lewis A. Kaplan) by The petitioner in this case, Troy Brown, was convicted in state court of attempted aggravated assault on a police officer. He and another man were outside a bar in the Bronx …

Holt v. U.S., No. 231 (U.S. Supreme Court) (218 U.S. 245; 31 S.Ct. 2) (October 31, 2010) (Justice Holmes)

Article • July 7, 1999

Filed under: Punch And Jurists, Exceptions

Holt v. U.S., No. 231 (U.S. Supreme Court) (218 U.S. 245; 31 S.Ct. 2) (October 31, 2010) (Justice Holmes) by Here the Court held that the prohibition of compelling a man in a criminal court to be witness against himself is a prohibition of the use of physical or moral …