Search | Punch and Jurists

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 …

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 …

Rosario v. Ercole, No. 08-5521-pr (2nd Cir.) (601 F.3d 118) (April 12, 2010) (Judge Richard C. Wesley)

Article • September 20, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Meaninfful Representation Standard

Rosario v. Ercole, No. 08-5521-pr (2nd Cir.) (601 F.3d 118) (April 12, 2010) (Judge Richard C. Wesley) by In a murder prosecution, the denial of petitioner's habeas petition is affirmed where the trial court conducted a thorough hearing, assessing the credibility of the potential witnesses first-hand, in denying petitioner's ineffective …

Muniz v. Smith, No. 09-2324 (6th Cir.) (647 F.3d 619) (July 29, 2011) (Judge Eugene E. Jr. Siler)

Article • April 1, 2009 • from P&J August, 2011

Filed under: Punch And Jurists, Sleeping Lawyer

Muniz v. Smith, No. 09-2324 (6th Cir.) (647 F.3d 619) (July 29, 2011) (Judge Eugene E. Jr. Siler) by Joseph Muniz was convicted in a state court in Wayne County, Michigan of a number of charges arising out the shooting in 2004 of the boyfriend of his former girlfriend; and …

U.S. v. Kaid, No. 05-4470-cr (2nd Cir.) (502 F.3d 43) (September 12, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Per se ineffectiveness

U.S. v. Kaid, No. 05-4470-cr (2nd Cir.) (502 F.3d 43) (September 12, 2007) (Per Curiam) by For a summary of this decision, see "2nd Circuit Gives Narrow Reading to Causes of 'Ineffective Assistance'," by Mark Hamblett, New York Law Journal, Sept. 17, 2007, as follows: "The 2nd U.S. Circuit Court …

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. 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, …

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 …

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 …

U.S. v. Davis, No. 04-50030 (9th Cir.) (410 F.3d 1122) (June 9, 2005) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Davis, No. 04-50030 (9th Cir.) (410 F.3d 1122) (June 9, 2005) (Judge Charles R. Breyer) by Here the Court held that a defendant may demonstrate a “fair and just reason” for withdrawing his guilty plea under Rule 11(d)(2)(B) by showing that his attorney’s “gross mischaracterization” of his likely …

U.S. v. Herrera, No. 04-50633 (5th Cir.) (412 F.3d 577) (June 10, 2005) (Judge Edward C. Prado)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Herrera, No. 04-50633 (5th Cir.) (412 F.3d 577) (June 10, 2005) (Judge Edward C. Prado) by U.S. v. Herrera, 412 F.3d 577 (5th Cir. 06/10/05) (Judge Prado) U.S. v. Davis, 410 F.3d 1122 (9th Cir. 06/09/05) (Judge Breyer) Both of these cases consider an important and frequently recurring …

U.S. v. Grammas, No. 03-50310 (5th Cir.) (371 F.3d 281) (May 21, 2004) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Grammas, No. 03-50310 (5th Cir.) (371 F.3d 281) (May 21, 2004) (Judge Edith Brown Clement) by Petitioner inmate was convicted of knowingly altering a vehicle identification number, and possession of a firearm by a previously convicted felon. The United States District Court for the Western District of Texas …

Harris v. Senkowski, No. 96 CV 2231(FB) (E.D.N.Y.) (298 F.Supp.2d 320) (January 8, 2004) (Judge Frederic Block)

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

Filed under: Punch And Jurists, Identification Documents/Evidence

Harris v. Senkowski, No. 96 CV 2231(FB) (E.D.N.Y.) (298 F.Supp.2d 320) (January 8, 2004) (Judge Frederic Block) by Petitioner inmate filed a petition for habeas corpus relief pursuant to 28 U.S.C.S. § 2254, challenging his state court robbery conviction, for which he was serving a term of 15 years to …

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (350 F.3d 861) (November 20, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Strickland Standard

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (350 F.3d 861) (November 20, 2003) (Judge Stephen Reinhardt) by The petitioner in this case, who was convicted of capital murder and sentenced to death in state court, sought a federal writ of habeas corpus from the United States District Court for the …

U.S. v. Conley, No. 02-20889 (5th Cir.) (349 F.3d 837) (October 30, 2003) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Conley, No. 02-20889 (5th Cir.) (349 F.3d 837) (October 30, 2003) (Judge E. Grady Jolly) by In this case the defendant challenged the decision entered by the District Court for the Southern District of Texas that convicted him of conspiracy and mail fraud, and sentenced him to 121 …

Kimmelman v. Morrison, No. 84-1661 (U.S. Supreme Court) (477 U.S. 365; 106 S.Ct. 2574) (June 26, 1986) (Justice Brennan)

Article • October 17, 2003

Filed under: Punch And Jurists, Strickland Standard

Kimmelman v. Morrison, No. 84-1661 (U.S. Supreme Court) (477 U.S. 365; 106 S.Ct. 2574) (June 26, 1986) (Justice Brennan) by The respondent in this case, Neil Morrison, was convicted of raping a 15-year-old girl. Morrison's counsel objected to the introduction of a bed sheet that had semen on it and …

Yarborough v. Gentry, No. 02-1597 (U.S. Supreme Court) (540 U.S. 1; 124 S.Ct. 1) (October 20, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Strickland Standard

Yarborough v. Gentry, No. 02-1597 (U.S. Supreme Court) (540 U.S. 1; 124 S.Ct. 1) (October 20, 2003) (Per Curiam) by Here the Court summarily reversed a Ninth Circuit decision that had granted habeas relief to a death row inmate on the grounds that his counsel had been per se ineffective …

U.S. v. Leibach, No. 01-4186 (7th Cir.) (347 F.3d 219) (October 14, 2003) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Leibach, No. 01-4186 (7th Cir.) (347 F.3d 219) (October 14, 2003) (Judge Ilana Diamond Rovner) by In this case, involving a habeas claim from a sexual assault and aggravated battery conviction, the Seventh Circuit held that trial counsel was constitutionally ineffective for failing to investigate and interview exculpatory …