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U.S. v. Rutgard, No. 95-50309 (9th Cir.) (116 F.3d 1270) (June 4, 1997) (Judge John T. Jr. Noonan)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Retroactivity, Punch And Jurists

U.S. v. Rutgard, No. 95-50309 (9th Cir.) (116 F.3d 1270) (June 4, 1997) (Judge John T. Jr. Noonan) by Case held that 1990 amendments to Victim and Witness Protection Act, which authorized restitution for conduct beyond the counts of conviction, were substantive changes to the law and could not be …

In Re McBryde, No. 95-11082 (5th Cir.) (117 F.3d 208) (July 2, 1997) (Judge Patrick E. Higginbotham)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Recusal, Punch And Jurists

In Re McBryde, No. 95-11082 (5th Cir.) (117 F.3d 208) (July 2, 1997) (Judge Patrick E. Higginbotham) by See also U.S. v. Bremers, 195 U.S. 221 (5th Cir. 1999). This is another case involving the reassignment of cases based on the pendency of charges against Judge McBryde of Texas, here …

U.S. v. Rutgard, No. 95-50309 (9th Cir.) (116 F.3d 1270) (June 4, 1997) (Judge John T. Jr. Noonan)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Retroactivity, Punch And Jurists

U.S. v. Rutgard, No. 95-50309 (9th Cir.) (116 F.3d 1270) (June 4, 1997) (Judge John T. Jr. Noonan) by This decision reflects minor modifications to a decision first reported in our issue dated April 21, 1997 (Vol. 4, No. 16); and it stems from one of those massive (217 count) …

Jeffries v. Wood, No. 95-99003 (9th Cir.) (114 F.3d 1484) (May 12, 1997) (Judge Sidney R. Thomas)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Retroactivity, Punch And Jurists

Jeffries v. Wood, No. 95-99003 (9th Cir.) (114 F.3d 1484) (May 12, 1997) (Judge Sidney R. Thomas) by Here, majority holds that AEDPA cannot be applied retroactively to actions filed prior to Act's enactment date. Jeffries v. Wood, 114 F.3d 1484 (9th Cir. 1997) (En Banc) (Judge Thomas) In Re …

Goncalves v. Reno, No. 97-1953 (1st Cir.) (144 F.3d 110) (May 15, 1998) (Judge Sandra L. Lynch)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Retroactivity, Punch And Jurists

Goncalves v. Reno, No. 97-1953 (1st Cir.) (144 F.3d 110) (May 15, 1998) (Judge Sandra L. Lynch) by The petitioner in this case was a long-time permanent resident alien of the United States who had committed a criminal offense that rendered him deportable. He was place in deportation proceedings and, …

U.S. v. Katalinich, No. 96-2072 (7th Cir.) (113 F.3d 1475) (May 30, 1997) (Judge William J. Bauer)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Katalinich, No. 96-2072 (7th Cir.) (113 F.3d 1475) (May 30, 1997) (Judge William J. Bauer) by One of the issues raised in this appeal was whether the defendant had properly preserved his objections to a trial court's refusal to give the jury some requested instructions. Citing Rule 30 …

U.S. v. Larson, No. 96-1419 (8th Cir.) (110 F.3d 620) (April 10, 1997) (Judge Frank J. Magill)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Recusal, Punch And Jurists

U.S. v. Larson, No. 96-1419 (8th Cir.) (110 F.3d 620) (April 10, 1997) (Judge Frank J. Magill) by This is the sixth appellate review of a case that has attracted worldwide notoriety; and it is a case that is nothing short of a travesty of justice. It involves the Federal …

Wright v. Morris, No. 95-1837 (6th Cir.) (111 F.3d 414) (April 11, 1997) (Judge Karen Nelson Moore)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Retroactivity, Punch And Jurists

Wright v. Morris, No. 95-1837 (6th Cir.) (111 F.3d 414) (April 11, 1997) (Judge Karen Nelson Moore) by Case held that PLRA's exhaustion requirement is not retroactive to cover pending appeals.

U.S. v. Russell, No. 96-3039 (10th Cir.) (109 F.3d 1503) (February 27, 1997) (Justice White)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Sanctions, Punch And Jurists

U.S. v. Russell, No. 96-3039 (10th Cir.) (109 F.3d 1503) (February 27, 1997) (Justice White) by Because this decision was written by a retired Supreme Court Justice, it will take on great weight and be accorded unusual deference. One of the issues discussed was a lawyer's nightmare: an order barring …

U.S. v. Clark, No. 94-2050 (6th Cir.) (110 F.3d 15) (April 1, 1997) (Judge Gilbert S. Merritt)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Retroactivity, Punch And Jurists

U.S. v. Clark, No. 94-2050 (6th Cir.) (110 F.3d 15) (April 1, 1997) (Judge Gilbert S. Merritt) by Case held that the safety valve statute, which contemplates shorter sentences for first time offenders otherwise subject to the mandatory minimum statutes, applies to cases pending on appeal when it was enacted. …

Roller v. Gunn, No. 96-6992 (4th Cir.) (107 F.3d 227) (February 19, 1997) (Judge J. Harvie III Wilkinson)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Filing Fees, Punch And Jurists

Roller v. Gunn, No. 96-6992 (4th Cir.) (107 F.3d 227) (February 19, 1997) (Judge J. Harvie III Wilkinson) by Among its more notable statements, the Court held that "the right of access to federal courts is not a free-floating right, but rather is sibject to Congress' Article III power to …

U.S. v. Jones, No. 94-5913 (6th Cir.) (108 F.3d 668) (March 12, 1997) (Judge Alice M. Batchelder)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Jones, No. 94-5913 (6th Cir.) (108 F.3d 668) (March 12, 1997) (Judge Alice M. Batchelder) by Here's another case that deals with the raging, but hopelessly confused, question of whether improper jury instructions constitute "plain" error, within the meaning of Rule 52(b) of the Fed.R.Crim.P. The defendant in …

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Jury Instructions, Punch And Jurists

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam) by Peck v. United States, 106 F.3d 450 (2nd Cir. 1997) (Judge Walker) Waldemer v. United States, 106 F.3d 729 (7th Cir. 1996) (Per Curiam) Both of these cases deal with substantially similar collateral appeals …

Hampton v. Hobbs, No. 96-3524 (6th Cir.) (106 F.3d 1281) (February 13, 1997) (Judge Boyce F. Jr. Martin)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Filing Fees, Punch And Jurists

Hampton v. Hobbs, No. 96-3524 (6th Cir.) (106 F.3d 1281) (February 13, 1997) (Judge Boyce F. Jr. Martin) by Here the Court rejected a broad series of constitutional challenges to the filing fee provisions of the PLRA, holding they do not violate prisoners' rights of access to the courts or …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner) by This is a rare but important case in which a conviction was reversed because the trial court (a) failed to give an entrapment instruction as requested by the defense and (b) …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner) by This is a rare but important case in which a conviction was reversed because the trial court (a) failed to give an entrapment instruction as requested by the defense and (b) …

U.S. v. Parker, No. 94-10557 (5th Cir.) (104 F.3d 72) (January 14, 1997) (Judge Robert M. Parker)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Parker, No. 94-10557 (5th Cir.) (104 F.3d 72) (January 14, 1997) (Judge Robert M. Parker) by This is another one of those recurrent, perplexing decisions about harmless-error. Here, the defendant robbed six retail establishments in Fort Worth, Texas during a two-week period. His total take from all six …

U.S. v. Nelson, No. 95-5536 (4th Cir.) (102 F.3d 1344) (December 18, 1996) (Judge Paul V. Niemeyer)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Nelson, No. 95-5536 (4th Cir.) (102 F.3d 1344) (December 18, 1996) (Judge Paul V. Niemeyer) by The Court, in this case, focuses on the issue of whether the failure to instruct the jurors that they should not discuss the case with anyone outside the courtroom and that they …

U.S. v. Ciak, No. 96-1217 (2nd Cir.) (102 F.3d 38) (December 4, 1996) (Judge Jose A. Cabranes)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Ciak, No. 96-1217 (2nd Cir.) (102 F.3d 38) (December 4, 1996) (Judge Jose A. Cabranes) by Here's a case that shows the dangers of annoying a judge by winning an appeal! After the defendant's first conviction for possession of a firearm by a felon was overturned on appeal, …

Smith v. U.S., No. Civ. 96-S-1536 (D.Colo.) (945 F.Supp. 1439) (October 29, 1996) (Judge Daniel B. Sparr)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Retroactivity, Punch And Jurists

Smith v. U.S., No. Civ. 96-S-1536 (D.Colo.) (945 F.Supp. 1439) (October 29, 1996) (Judge Daniel B. Sparr) by Case held that retroactive application of the AEDPA to all pending cases would be "intolerable.". Hunter v. United States, 101 F.3d 1565 (11th Cir. 1996) (En Banc) (Judge Carnes) Smith v. United …