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U.S. v. Stevens, No. 08-231(EGS) (D.D.C.) (593 F.Supp.2d 177) (January 16, 2009) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Contempt

U.S. v. Stevens, No. 08-231(EGS) (D.D.C.) (593 F.Supp.2d 177) (January 16, 2009) (Judge Emmet G. Sullivan) by This ruling, and Judge Sullivan's similar ruling in Batarfi v. Bush, No. 05-0409 (EGS) (D.D.C. Mar. 13, 2009) (which is available at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2005cv0409-170), are noted as evidence of the fact that Judge Sullivan …

U.S. v. Williams, No. 90-1972 (U.S. Supreme Court) (504 U.S. 36; 112 S.Ct. 1735) (May 4, 1992) (Justice Scalia)

Article • May 22, 2006

Filed under: Punch And Jurists, Supervisory Powers

U.S. v. Williams, No. 90-1972 (U.S. Supreme Court) (504 U.S. 36; 112 S.Ct. 1735) (May 4, 1992) (Justice Scalia) by In this case a divided Court held that the courts' supervisory powers over the grand jury did not include the power to make a rule allowing the dismissal of an …

U.S. v. Awadallah, No. 01 CR. 1026(SAS) (S.D.N.Y.) (401 F.Supp.2d 308) (May 31, 2005) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Grand Jury

U.S. v. Awadallah, No. 01 CR. 1026(SAS) (S.D.N.Y.) (401 F.Supp.2d 308) (May 31, 2005) (Judge Shira A. Scheindlin) by Defendant was a material witness in the investigation of the terrorist attacks of September 11, 2001. Defendant was charged with two counts of perjury that arose from his grand jury testimony. …

U.S. v. Antelope, No. 03-30334 (9th Cir.) (395 F.3d 1128) (January 27, 2005) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

U.S. v. Antelope, No. 03-30334 (9th Cir.) (395 F.3d 1128) (January 27, 2005) (Judge M. Margaret McKeown) by In this case, the Court addressed the constitutionality of a popular sex offender treatment program, known as the Sexual Abuse Behavior Evaluation and Recovery program (“SABER”). The program subjects participants to mandatory …

Yates v. U.S., No. 2 (U.S. Supreme Court) (355 U.S. 66; 78 S.Ct. 128) (November 25, 2057) (Justice Clark)

Article • June 9, 2003

Filed under: Punch And Jurists, Contempt

Yates v. U.S., No. 2 (U.S. Supreme Court) (355 U.S. 66; 78 S.Ct. 128) (November 25, 2057) (Justice Clark) by In this case, the petitioner, a high executive officer of the Communist Party of California, and 13 codefendants were indicted and convicted of conspiracy to violate the Smith Act. During …

U.S. v. Harris, No. 01-3057 (D.C. Cir.) (314 F.3d 608) (December 31, 2002) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Contempt

U.S. v. Harris, No. 01-3057 (D.C. Cir.) (314 F.3d 608) (December 31, 2002) (Judge Karen LeCraft Henderson) by Here the Court recersed a conviction for criminal contempt due to insufficient evidence where the government did not introduce competent evidence that defendant refused to testify before the district court grand jury. …

Sacher v. U.S., No. 201 (U.S. Supreme Court) (342 U.S. 1; 72 S.Ct. 451) (March 10, 2052) (Justice Jackson)

Article • October 12, 2002

Filed under: Punch And Jurists, Contempt

Sacher v. U.S., No. 201 (U.S. Supreme Court) (342 U.S. 1; 72 S.Ct. 451) (March 10, 2052) (Justice Jackson) by This case involves contempt citations imposed by District Judge Medina on counsel who represented eleven Communist Party leaders during a turbulent nine months of trial. After the defendants were convicted …

Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy)

Article • June 4, 2002

Filed under: Punch And Jurists, Supervisory Powers

Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy) by This issue presented in this case was whether a district court may invoke its supervisory power to dismiss an indictment for prosecutorial misconduct in a grand jury …

U.S. v. Mechanik, No. 84-1640 (U.S. Supreme Court) (475 U.S. 66; 106 S.Ct. 938) (February 25, 1986) (Justice Rehnquist)

Article • June 4, 2002

Filed under: Punch And Jurists, Supervisory Powers

U.S. v. Mechanik, No. 84-1640 (U.S. Supreme Court) (475 U.S. 66; 106 S.Ct. 938) (February 25, 1986) (Justice Rehnquist) by Federal Rule of Criminal Procedure 6(d) states that only specified persons including "the witness under examination" may be present at a grand jury proceeding. In these consolidated cases, two Government …

Costello v. U.S., No. 72 (U.S. Supreme Court) (350 U.S. 359; 76 S.Ct. 406) (March 5, 2056) (Justice Black)

Article • June 4, 2002

Filed under: Punch And Jurists, Supervisory Powers

Costello v. U.S., No. 72 (U.S. Supreme Court) (350 U.S. 359; 76 S.Ct. 406) (March 5, 2056) (Justice Black) by The sole issue before the Court in this case was "May a defendant be required to stand trial and a conviction be sustained where only hearsay evidence was presented to …

U.S. v. Strouse, No. 00-20558 (5th Cir.) (286 F.3d 767) (March 20, 2002) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Supervisory Powers

U.S. v. Strouse, No. 00-20558 (5th Cir.) (286 F.3d 767) (March 20, 2002) (Judge Patrick E. Higginbotham) by Back in 1988, a swat team from the Houston Police Department (HPD) staked out an apartment where an informant was attempting to sell some drugs to a purported drug dealer in a …

U.S. v. Jones, No. 01-1117 (7th Cir.) (278 F.3d 711) (January 28, 2002) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Contempt

U.S. v. Jones, No. 01-1117 (7th Cir.) (278 F.3d 711) (January 28, 2002) (Judge Michael S. Kanne) by

Sorchini v. City of Covina, No. 99-56257 (9th Cir.) (250 F.3d 706) (May 4, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Contempt

Sorchini v. City of Covina, No. 99-56257 (9th Cir.) (250 F.3d 706) (May 4, 2001) (Per Curiam) by Here a divided panel refused to impose any sanction on an attorney who cited an unpublished opinion in a court brief in violation of a Ninth Circuit Rule, finding that counsel "misunderstood …

U.S. v. John Doe, Inc. I, No. 85-1613 (U.S. Supreme Court) (481 U.S. 102; 107 S.Ct. 1656) (April 21, 1987) (Justice Stevens)

Article • October 23, 2000

Filed under: Punch And Jurists, Secrecy

U.S. v. John Doe, Inc. I, No. 85-1613 (U.S. Supreme Court) (481 U.S. 102; 107 S.Ct. 1656) (April 21, 1987) (Justice Stevens) by The Court started its decision in this case by stating: "In United States v. Sells Engineering, Inc., 463 U.S. 418 (1983), we held that attorneys for the …

U.S. v. Hasting, No. 81-1463 (U.S. Supreme Court) (461 U.S. 499; 103 S.Ct. 1974) (May 23, 1983) (Justice Burger)

Article • December 26, 1999

Filed under: Punch And Jurists, Supervisory Powers

U.S. v. Hasting, No. 81-1463 (U.S. Supreme Court) (461 U.S. 499; 103 S.Ct. 1974) (May 23, 1983) (Justice Burger) by The Court stated that federal courts "may, within limits, formulate procedural rules not specifically required by the Constitution or the Congress. The purposes underlying use of the supervisory powers are …

Shillitani v. U.S., No. 412 (U.S. Supreme Court) (384 U.S. 364; 86 S.Ct. 1531) (June 6, 2066) (Justice Clark)

Article • July 2, 1999

Filed under: Punch And Jurists, Contempt

Shillitani v. U.S., No. 412 (U.S. Supreme Court) (384 U.S. 364; 86 S.Ct. 1531) (June 6, 2066) (Justice Clark) by Case held that the character of contempt proceedings under Fed.R.Crim.P. 42(b) for refusal to answer questions before a grand jury is civil in nature and thus does not constitutionally require …

U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan) by Although the Court found that the affidavit was deliberately misleading, it held that the district court did not err in not suppressing the wiretap evidence because of the "unlikelihood that the …

Essex County Jail Annex Inmates v. Treffinger, No. Civ. 87-871 (D.N.J.) (18 F.Supp.2d 445) (August 17, 1998) (Judge Harold A. Ackerman)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Contempt

Essex County Jail Annex Inmates v. Treffinger, No. Civ. 87-871 (D.N.J.) (18 F.Supp.2d 445) (August 17, 1998) (Judge Harold A. Ackerman) by This decision reflects a poignant comparison between the microcosm of prison life and the enlightened concept of realpolitik. The plaintiff-inmates in this case filed a motion to hold …

U.S. v. Marquardo, No. 97-1486 (1st Cir.) (149 F.3d 36) (July 17, 1998) (Judge Juan R. Torruella)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Contempt

U.S. v. Marquardo, No. 97-1486 (1st Cir.) (149 F.3d 36) (July 17, 1998) (Judge Juan R. Torruella) by This case is noted for its discussion of the Government's power to incarcerate a witness for civil contempt for refusing to testify before a grand jury, and then later prosecuting the same …

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Disclosure - Improper or Wrongful

U.S. v. Millard, No. 96-3749 (8th Cir.) (139 F.3d 1200) (March 30, 1998) (Judge John R. Gibson) by Court affirmed that statements made during the course of plea discussions with the Government are not admissible against the defendant who participated in such discussions.