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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 …

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 …

U.S. v. Carthen, No. 10-4817-cv (2nd Cir.) (681 F.3d 94) (May 23, 2012) (Judge Ralph K. Jr. Winter)

Article • December 1, 2012

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Carthen, No. 10-4817-cv (2nd Cir.) (681 F.3d 94) (May 23, 2012) (Judge Ralph K. Jr. Winter) by Revocation of the appellant's supervised release is affirmed, where: 1) under Federal Rule of Criminal Procedure 32.1, good cause existed to allow the government to introduce hearsay evidence during the appellant's …

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

Article • November 24, 2011

Filed under: Punch And Jurists, Statements Against Interest

Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell) by This case recognizes the proposition that criminal defendants possess a “due process right to have clearly exculpatory evidence presented to the jury, at least when there is no strong countervailing …

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 …

Gjurovich v. U.S., No. 5:01-CR-215 (N.D.N.Y.) (2009 WL 3232139) (October 1, 2009) (Judge Norman A. Mordue)

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

Filed under: Punch And Jurists, Reliability of Evidence

Gjurovich v. U.S., No. 5:01-CR-215 (N.D.N.Y.) (2009 WL 3232139) (October 1, 2009) (Judge Norman A. Mordue) by In this case, Judge Mordue held that sex offenders can be required to submit to computerized voice stress analysis (“CVSA”) as part of their post-release supervision to determine if they are telling the …

Bostan v. Obama, No. Civ. No. 05-883 (RBW) (D.D.C.) (662 F.Supp.2d 1) (August 19, 2009) (Judge Reggie B. Walton)

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

Filed under: Punch And Jurists, Hearsay Evidence

Bostan v. Obama, No. Civ. No. 05-883 (RBW) (D.D.C.) (662 F.Supp.2d 1) (August 19, 2009) (Judge Reggie B. Walton) by Here Judge Reggie Walton issued an important and far reaching order in which he essentially rejected the Government’s contention that all of its hearsay evidence about an individual detainee should …

U.S. v. Lee, No. 05-1684-cr (L) (2nd Cir.) (549 F.3d 84) (December 3, 2008) (Judge Charles S. Jr. Haight)

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

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Lee, No. 05-1684-cr (L) (2nd Cir.) (549 F.3d 84) (December 3, 2008) (Judge Charles S. Jr. Haight) by Convictions for murder for hire conspiracy and a separate conviction for being a felon in possession of a firearm are vacated in part, affirmed in part, and remanded in part …

U.S. v. Riggi, No. 06-1280-cr (2nd Cir.) (541 F.3d 94) (September 4, 2008) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Riggi, No. 06-1280-cr (2nd Cir.) (541 F.3d 94) (September 4, 2008) (Judge Dennis G. Jacobs) by Conviction on charges arising out of involvement in an organized crime family, including racketeering, murder and related conspiracies, is vacated and remanded where admission of eight plea allocutions of non-testifying co-conspirators amounted …

U.S. v. Johnson, No. 06-0594-cr (2nd Cir.) (529 F.3d 493) (June 19, 2008) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Hearsay Evidence

U.S. v. Johnson, No. 06-0594-cr (2nd Cir.) (529 F.3d 493) (June 19, 2008) (Judge Pierre N. Leval) by Conviction for conspiracy to distribute cocaine base is affirmed where: 1) although the government's egregious act of eliciting improper testimonial evidence from its witness should not be condoned, defendant's failure to make …

U.S. v. Hardwick, No. 04-1369-cr(L) (2nd Cir.) (523 F.3d 94) (April 11, 2008) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

U.S. v. Hardwick, No. 04-1369-cr(L) (2nd Cir.) (523 F.3d 94) (April 11, 2008) (Judge Ralph K. Jr. Winter) by Conviction for conspiracy to commit and aiding and abetting a murder-for-hire, in violation of 18 U.S.C. § 1958, is vacated and remanded where: 1) the district court's admission of a plea …

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 …

Singletary v. Reilly, No. 04-7013 (D.C. Cir.) (452 F.3d 868) (July 7, 2006) (Judge Janice Rogers Brown)

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

Filed under: Punch And Jurists, Hearsay Evidence

Singletary v. Reilly, No. 04-7013 (D.C. Cir.) (452 F.3d 868) (July 7, 2006) (Judge Janice Rogers Brown) by In this decision, her first major criminal decision since her appointment to the D.C. Circuit last summer, Judge Janice Rogers Brown has probably surprised a lot of people. Her contentious, controversial and …

Bourjaily v. U.S., No. 85-6725 (U.S. Supreme Court) (483 U.S. 171; 107 S.Ct. 2775) (June 23, 1987) (Justice Rehnquist)

Article • September 5, 2005

Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony

Bourjaily v. U.S., No. 85-6725 (U.S. Supreme Court) (483 U.S. 171; 107 S.Ct. 2775) (June 23, 1987) (Justice Rehnquist) by Federal Rule of Evidence 801(d)(2)(E) provides: "A statement is not hearsay if ... [t]he statement is offered against a party and is ... a statement by a coconspirator of a …

U.S. v. Green, No. 04-1225 (1st Cir.) (426 F.3d 64) (October 18, 2005) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Reliability of Evidence

U.S. v. Green, No. 04-1225 (1st Cir.) (426 F.3d 64) (October 18, 2005) (Judge Conrad K. Cyr) by Judge Eisele of the E.D.Ark. once observed: "Whatever post-conviction due process problems existed before [the Guidelines], they pale in insignificance in comparison with the due process problems that the Guidelines create. Under …

Ohio v. Roberts, No. 78-756 (U.S. Supreme Court) (448 U.S. 56; 100 S.Ct. 2531) (June 25, 1980) (Justice Blackmun)

Article • March 8, 2004

Filed under: Punch And Jurists, Declarant Unavailable Exception

Ohio v. Roberts, No. 78-756 (U.S. Supreme Court) (448 U.S. 56; 100 S.Ct. 2531) (June 25, 1980) (Justice Blackmun) by Here the Court held that statements made by individuals who are legally unavailable to testify at trial may be admitted where those statements are sufficiently reliable that confrontation at trial …