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Lobbins v. U.S., No. 15-6386 (6th Cir.) (900 F.3d 799) (August 21, 2018) (Judge Raymond M. Kethledge)

Article • December 17, 2018 • from P&J December, 2018

Filed under: Punch And Jurists, Burden of Proof

Lobbins v. U.S., No. 15-6386 (6th Cir.) (900 F.3d 799) (August 21, 2018) (Judge Raymond M. Kethledge) by In 2009, the Appellant in this case, Jessie Lobbins, was detained in a Tennessee state prison while awaiting trial on Federal charges for murder d other crimes related to his membership in …

U.S. v. Shephard, No. 17-4148 (4th Cir.) (892 F.3d 666) (June 15, 2018) (Judge Albert Diaz)

Article • August 20, 2018 • from P&J August, 2018

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Shephard, No. 17-4148 (4th Cir.) (892 F.3d 666) (June 15, 2018) (Judge Albert Diaz) by Darra Lee Shephard conspired to defraud U.S. residents through a telemarketing sweepstakes scheme. From a call center in Costa Rica, Shephard and others would tell their unwitting victims that they had won a …

U.S. v. Simmons, No. 13-6273 (6th Cir.) (797 F.3d 409) (August 14, 2015) (Judge R. Guy Jr. Cole)

Article • November 23, 2015 • from P&J December, 2015

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Simmons, No. 13-6273 (6th Cir.) (797 F.3d 409) (August 14, 2015) (Judge R. Guy Jr. Cole) by This is an interesting decision in which the Sixth Circuit held that the district court violated the defendant’s Sixth Amendment right to a public trial by excluding three co-defendants from the …

U.S. v. Thum, No. 13-50176 (9th Cir.) (749 F.3d 1143) (April 25, 2013) (Judge Milan D. Jr. Smith)

Article • November 3, 2014 • from P&J November, 2014

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Thum, No. 13-50176 (9th Cir.) (749 F.3d 1143) (April 25, 2013) (Judge Milan D. Jr. Smith) by In this case, the Court addressed an interesting immigration law issue - namely whether the defendant, Jorge Humberto Thum, encouraged or induced an illegal alien to reside in the United States, …

U.S. v. Wilson, No. 11-5057-cr (2nd Cir.) (709 F.3d 84) (February 22, 2013) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Wilson, No. 11-5057-cr (2nd Cir.) (709 F.3d 84) (February 22, 2013) (Per Curiam) by Defendant's conviction on charges stemming from an identity theft scheme is: 1) reversed on the charge for using social security numbers that were assigned on the basis of false information because the government failed …

Smith v. U.S., No. 11-8976 (U.S. Supreme Court) (568 U.S. 106; 133 S.Ct. 714) (January 9, 2013) (Justice Scalia)

Article • March 18, 2013 • from P&J January, 2013

Filed under: Punch And Jurists, Burden of Proof

Smith v. U.S., No. 11-8976 (U.S. Supreme Court) (568 U.S. 106; 133 S.Ct. 714) (January 9, 2013) (Justice Scalia) by In this case the Supreme Court unanimously held that a defendant charged with criminal conspiracy must carry the burden to prove that he withdrew from the conspiracy. In so ruling, …

U.S. v. Graham, No. 09-2819-cr (2nd Cir.) (691 F.3d 153) (August 15, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Explosives

U.S. v. Graham, No. 09-2819-cr (2nd Cir.) (691 F.3d 153) (August 15, 2012) (Judge Debra Ann Livingston) by In a conviction of defendant for various crimes in violation of the Hobbs Act and for using an explosive to commit a felony in violation of 18 U.S.C. section 844(h)(1), district court's …

U.S. v. Huezo, No. 07-0031-cr (2nd Cir.) (546 F.3d 174) (October 10, 2008) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Huezo, No. 07-0031-cr (2nd Cir.) (546 F.3d 174) (October 10, 2008) (Judge John M. Jr. Walker) by Here the Court abrogated, as misleading and inconsistent with the constitution, the prevailing rule that once a conspiracy has been established, only “slight evidence” or evidence that is not “overwhelming” is …

U.S. v. Kemp, No. 97 Cr. 1162 (JFK) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 2199) (January 10, 2008) (Judge John F. Keenan)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Kemp, No. 97 Cr. 1162 (JFK) (S.D.N.Y.) (2008 U.S. Dist. LEXIS 2199) (January 10, 2008) (Judge John F. Keenan) by The defendant in this case, Danny Kemp, was convicted in 1999 of various counts of wire fraud arising out of a scheme to obtain bank loans through the …

Dixon v. U.S., No. 05-7053 (U.S. Supreme Court) (548 U.S. 1; 126 S.Ct. 2437) (June 22, 2006) (Justice Stevens)

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

Filed under: Punch And Jurists, Burden of Proof

Dixon v. U.S., No. 05-7053 (U.S. Supreme Court) (548 U.S. 1; 126 S.Ct. 2437) (June 22, 2006) (Justice Stevens) by This is an interesting, albeit somewhat philosophical, decision that explores a creative argument about who has the burden of proving - or disproving - the affirmative defense of duress. The …

McMillan v. Pennsylvania, No. 85-215 (U.S. Supreme Court) (477 U.S. 79; 106 S.Ct. 2411) (June 19, 1986) (Justice Rehnquist)

Article • October 24, 2005

Filed under: Punch And Jurists, Burden of Proof

McMillan v. Pennsylvania, No. 85-215 (U.S. Supreme Court) (477 U.S. 79; 106 S.Ct. 2411) (June 19, 1986) (Justice Rehnquist) by In its first case dealing with sentencing factors, the Court upheld a State law requiring imposition of a mandatory minimum sentence upon the trial court's determination that the defendant had …

Patterson v. New York, No. 75-1861 (U.S. Supreme Court) (432 U.S. 197; 97 S.Ct. 2319) (June 17, 1977) (Justice White)

Article • October 11, 2005

Filed under: Punch And Jurists, Burden of Proof

Patterson v. New York, No. 75-1861 (U.S. Supreme Court) (432 U.S. 197; 97 S.Ct. 2319) (June 17, 1977) (Justice White) by Here the Court rejected the defendant's contention that a murder statute, which was subject to an affirmative defense of extreme emotional disturbance, required the state to prove the absence …

Mullaney v. Wilbur, No. 74-13 (U.S. Supreme Court) (421 U.S. 684; 95 S.Ct. 1881) (June 9, 1975) (Justice Powell)

Article • October 11, 2005

Filed under: Punch And Jurists, Burden of Proof

Mullaney v. Wilbur, No. 74-13 (U.S. Supreme Court) (421 U.S. 684; 95 S.Ct. 1881) (June 9, 1975) (Justice Powell) by In this case the Supreme Court invalidated a Maine statute that presumed that a defendant who acted with an intent to kill possessed the "malice aforethought" necessary to constitute the …

U.S. v. Giordano, No. 0580061CR (S.D.Fla.) (370 F.Supp.2d 1256) (May 11, 2005) (Judge Magistrate)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Giordano, No. 0580061CR (S.D.Fla.) (370 F.Supp.2d 1256) (May 11, 2005) (Judge Magistrate) by

U.S. v. Mitrione, No. 02-4222 (7th Cir.) (357 F.3d 712) (February 9, 2004) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Mitrione, No. 02-4222 (7th Cir.) (357 F.3d 712) (February 9, 2004) (Judge Terrence T. Evans) by The two defendants in this case, a psychiatrist and his office manager, were convicted at trial on 10 of 14 counts of Medicare and Medicaid fraud. After the verdict, they filed a …

Cooper v. Oklahoma, No. 95-5207 (U.S. Supreme Court) (517 U.S. 348; 116 S.Ct. 1373) (April 16, 1996) (Justice Stevens)

Article • August 12, 2003

Filed under: Punch And Jurists, Burden of Proof

Cooper v. Oklahoma, No. 95-5207 (U.S. Supreme Court) (517 U.S. 348; 116 S.Ct. 1373) (April 16, 1996) (Justice Stevens) by In this case a unanimous Court struck down a state statute requiring a criminal defendant to prove incompetence to stand trial by "clear and convincing evidence." The Court struck down …

U.S. v. Darwich, No. 99-2147 (6th Cir.) (337 F.3d 645) (July 24, 2003) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Darwich, No. 99-2147 (6th Cir.) (337 F.3d 645) (July 24, 2003) (Judge Karen Nelson Moore) by In this case the Sixth Circuit held that the district court had erred in relying on hearsay evidence to reach the 50-kilogram quantity of marijuana needed to sentence the defendant under 21 …

U.S. v. Keene, No. 02-2330 (1st Cir.) (341 F.3d 78) (August 22, 2003) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Keene, No. 02-2330 (1st Cir.) (341 F.3d 78) (August 22, 2003) (Judge Richard S. Arnold) by Here, joining with decisions from the Sixth, Seventh and Eleventh Circuits, the First Circuit refused to extend the Apprendi requirements to criminal forfeitures, since forfeitures are “not viewed as a separate charge” …

U.S. v. Riley, No. 02-30072 (9th Cir.) (335 F.3d 919) (July 9, 2003) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Riley, No. 02-30072 (9th Cir.) (335 F.3d 919) (July 9, 2003) (Judge A. Wallace Tashima) by The defendant appealed from a judgment of the District Court, convicting him, pursuant to his guilty plea, of conspiracy to produce fictitious obligations in violation of 18 U.S.C.S. § 514, possession of …

U.S. v. Long, No. 02-3003 (D.C. Cir.) (328 F.3d 655) (May 16, 2003) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Long, No. 02-3003 (D.C. Cir.) (328 F.3d 655) (May 16, 2003) (Judge Judith W. Rogers) by Here the Court rejected a claim that the imposition of an eight level increase in the defendant’s base offense level based on acquitted conduct required a finding by clear and convincing evidence. …