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U.S. v. LaMorte, No. 89 Cr. 742 (DNE) (S.D.N.Y.) (940 F.Supp. 572) (September 17, 1996) (Judge David N. Edelstein)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Recusal, Punch And Jurists

U.S. v. LaMorte, No. 89 Cr. 742 (DNE) (S.D.N.Y.) (940 F.Supp. 572) (September 17, 1996) (Judge David N. Edelstein) by This case comes from the dusty archives of the octogenarian Judge Edelstein, who probably holds the record for the most recusal motions ever filed against a Federal Judge. The defendant, …

Lindh v. Murphy, No. 95-3608 (7th Cir.) (96 F.3d 856) (September 12, 1996) (Judge Frank H. Easterbrook)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Retroactivity, Punch And Jurists

Lindh v. Murphy, No. 95-3608 (7th Cir.) (96 F.3d 856) (September 12, 1996) (Judge Frank H. Easterbrook) by In this decision, which was subsequently reversed by the Supreme Court, the Seventh Circuit held that the new provisions of Chapter 153 applied to non-capital federal habeas corpus actions pending on April …

U.S. v. Ivy, No. 94-6131 (10th Cir.) (83 F.3d 1266) (May 10, 1996) (Judge Wade Brorby)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Sanctions, Punch And Jurists

U.S. v. Ivy, No. 94-6131 (10th Cir.) (83 F.3d 1266) (May 10, 1996) (Judge Wade Brorby) by The Court also held that the factors a district court should consider in determining if a sanction is appropriate are (1) the reasons the Government delayed producing the requested materials, including whether or …

U.S. v. Colacurcio, No. 95-30362 (9th Cir.) (84 F.3d 326) (May 17, 1996) (Judge Harry Pregerson)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Magistrates, Punch And Jurists

U.S. v. Colacurcio, No. 95-30362 (9th Cir.) (84 F.3d 326) (May 17, 1996) (Judge Harry Pregerson) by Editor's Note: For a contrary view, see U.S. v. Waters, Docket No. 97-5513 (6th Cir. Sept. 28, 1998). Case held that a Magistrate Judge does not have the statutory authority to hold a …

U.S. v. Colacurcio, No. 95-30362 (9th Cir.) (84 F.3d 326) (May 17, 1996) (Judge Harry Pregerson)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Magistrates, Punch And Jurists

U.S. v. Colacurcio, No. 95-30362 (9th Cir.) (84 F.3d 326) (May 17, 1996) (Judge Harry Pregerson) by Case held that a Magistrate Judge does not have the statutory authority to hold a probation revocation hearing without the defendant's consent; and it ordered a new hearing.

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood) by In this case, involving the testimony of a paid informant who had been paid $54,000 for his efforts, the court held that the trial judge had given proper supplemental instructions regarding the …

U.S. v. Gilberg, No. 95-1586 (1st Cir.) (75 F.3d 15) (January 31, 1996) (Judge Conrad K. Cyr)

Article • March 1, 1996 • from P&J March, 1996

Filed under: Retroactivity, Punch And Jurists

U.S. v. Gilberg, No. 95-1586 (1st Cir.) (75 F.3d 15) (January 31, 1996) (Judge Conrad K. Cyr) by One of the several restitution issues covered in this bank fraud case was whether a retroactive application of some 1990 amendments to the Victim and Witness Protection Act (18 U.S.C. §§ 3663-3664) …

U.S. v. Bayless, No. 96 Cr. 533 (S.D.N.Y.) (926 F.Supp. 405) (May 1, 1996) (Judge Harold Jr. Baer)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Recusal, Punch And Jurists

U.S. v. Bayless, No. 96 Cr. 533 (S.D.N.Y.) (926 F.Supp. 405) (May 1, 1996) (Judge Harold Jr. Baer) by Here Judge Baerrefused to recuse himself due to existence of circumstances under which his impartiality might reasonably be questioned, even though there had been extensive media coverage and political commentary following …

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt)

Article • November 1, 1995

Filed under: Costs, Punch And Jurists

U.S. v. Eyler, No. 93-30433 (9th Cir.) (67 F.3d 1386) (October 5, 1995) (Judge Stephen Reinhardt) by While this case deals primarily with permissible conditions of probation and supervised release, the Court also noteed [in footnote 10] that restitution orders may not include the government's costs of investigating or prosecuting …

U.S. v. Elliott, No. 90-3696 (11th Cir.) (62 F.3d 1304) (August 31, 1995) (Judge Stanley F. Jr. Birch)

Article • September 1, 1995

Filed under: Retroactivity, Punch And Jurists

U.S. v. Elliott, No. 90-3696 (11th Cir.) (62 F.3d 1304) (August 31, 1995) (Judge Stanley F. Jr. Birch) by This is a case dealing with a Ponzi-type scheme, and the restitution issue is which of the investors are "victims" for the purposes of the Victim and Witness Protection Act (18 …

Gacy v. Welborn, No. 92-3448 (7th Cir.) (994 F.3d 305) (April 12, 1993) (Judge Frank H. Easterbrook)

Article • January 1, 1994

Filed under: Jury Instructions, Punch And Jurists

Gacy v. Welborn, No. 92-3448 (7th Cir.) (994 F.3d 305) (April 12, 1993) (Judge Frank H. Easterbrook) by Here the Court affirmed the death penalty for a serial killer despite flawed jury instructions, after commenting that there are no perfect jury instructions and noting that even "simplified" charges would leave …

U.S. v. Robin, No. 76-1033, No. 951 (2nd Cir.) (553 F.2d 8) (March 30, 1977) (Per Curiam)

Article • January 1, 1994

Filed under: Recusal, Punch And Jurists

U.S. v. Robin, No. 76-1033, No. 951 (2nd Cir.) (553 F.2d 8) (March 30, 1977) (Per Curiam) by The Court set forth a list of factors to be considered to determine whether reassignment would be appropriate, as follows: (1) whether the original judge would reasonably be expected upon remand to …

Chacon v. Wood, No. 92-35454 (9th Cir.) (36 F.3d 1459) (September 7, 1994) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Mootness, Punch And Jurists

Chacon v. Wood, No. 92-35454 (9th Cir.) (36 F.3d 1459) (September 7, 1994) (Judge Stephen Reinhardt) by Here the Court held that a habeas petition challenging the underlying conviction is never moot simply because, subsequent to its filing, the petitioner has been released from custody, because there are collateral consequences …