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Lockhart v. Fretwell, No. 91-1393 (U.S. Supreme Court) (506 U.S. 364; 113 S.Ct. 838) (November 3, 1992) (Justice Rehnquist)

Article • October 25, 2005

Filed under: Punch And Jurists, Ineffective Assistance of Counsel

Lockhart v. Fretwell, No. 91-1393 (U.S. Supreme Court) (506 U.S. 364; 113 S.Ct. 838) (November 3, 1992) (Justice Rehnquist) by The issue before the Court in this case was whether counsel's failure to make an objection in a state criminal sentencing proceeding-an objection that would have been supported by a …

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, …

Davis v. Mississippi, No. 645 (U.S. Supreme Court) (394 U.S. 721; 89 S.Ct. 1394) (April 22, 1969) (Justice Brennan)

Article • October 24, 2005

Filed under: Punch And Jurists, Fingerprint Evidence

Davis v. Mississippi, No. 645 (U.S. Supreme Court) (394 U.S. 721; 89 S.Ct. 1394) (April 22, 1969) (Justice Brennan) by Here the Court vacated the conviction of a young black man on the grounds that his fingerprints had been obtained as the product of an illegal arrest and should have …

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 …

Bordenkircher v. Hayes, No. 76-1334 (U.S. Supreme Court) (434 U.S. 357; 98 S.Ct. 663) (November 9, 1977) (Justice Stewart)

Article • October 23, 2005

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Bordenkircher v. Hayes, No. 76-1334 (U.S. Supreme Court) (434 U.S. 357; 98 S.Ct. 663) (November 9, 1977) (Justice Stewart) by Here, the defendant, Paul Lewis Hayes, was charged with forgery, an offense which carried a two-to-ten-year prison sentence. During plea negotiations, the prosecutor offered to pursue a five year sentence …

Katz v. U.S., No. 35 (U.S. Supreme Court) (389 U.S. 347; 88 S.Ct. 507) (December 18, 2067) (Justice Stewart)

Article • October 21, 2005

Filed under: Punch And Jurists, Privacy Act/Rights

Katz v. U.S., No. 35 (U.S. Supreme Court) (389 U.S. 347; 88 S.Ct. 507) (December 18, 2067) (Justice Stewart) by This seminal case established a 2 prong test for determining whether a warrantless search violates a defendant's expectation of privacy: (a) he must have a subjective expectation of privacy, and …

Lockett v. Ohio, No. 74-6257 (U.S. Supreme Court) (438 U.S. 586; 98 S.Ct. 2954) (July 3, 1978) (Justice Burger)

Article • October 20, 2005

Filed under: Punch And Jurists, Jury Views

Lockett v. Ohio, No. 74-6257 (U.S. Supreme Court) (438 U.S. 586; 98 S.Ct. 2954) (July 3, 1978) (Justice Burger) by In this case the Court was presented with the issue of whether Ohio "violated the Eighth and Fourteenth Amendments by sentencing Sandra Lockett to death pursuant to a statute that …

North Carolina v. Butler, No. 78-354 (U.S. Supreme Court) (441 U.S. 369; 99 S.Ct. 1755) (April 24, 1979) (Justice Stewart)

Article • October 18, 2005

Filed under: Punch And Jurists, Miranda

North Carolina v. Butler, No. 78-354 (U.S. Supreme Court) (441 U.S. 369; 99 S.Ct. 1755) (April 24, 1979) (Justice Stewart) by In his dissent, Justice Brennan stated: "The rule announced by the Court today allows a finding of waiver based upon "infer[ence] from the actions and words of the person …

Branzburg v. Hayes, No. 70-85 (U.S. Supreme Court) (408 U.S. 665; 92 S.Ct. 2646) (June 29, 1972) (Justice White)

Article • October 18, 2005

Filed under: First Amendment, Punch And Jurists

Branzburg v. Hayes, No. 70-85 (U.S. Supreme Court) (408 U.S. 665; 92 S.Ct. 2646) (June 29, 1972) (Justice White) by In this case, reporters in three consolidated cases argued that their newsgathering activities were protected by a qualified First Amendment privilege, pursuant to which: "[a] reporter should not be forced …

Menna v. New York, No. 75-5401 (U.S. Supreme Court) (423 U.S. 61; 96 S.Ct. 241) (November 17, 1975) (Per Curiam)

Article • October 17, 2005

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

Menna v. New York, No. 75-5401 (U.S. Supreme Court) (423 U.S. 61; 96 S.Ct. 241) (November 17, 1975) (Per Curiam) by The petitioner in this case had refused, after a grant of immunity, to obey a court order to testify before a grand jury. He was adjudicated in contempt of …

Liparota v. U.S., No. 84-5018 (U.S. Supreme Court) (471 U.S. 419; 105 S.Ct. 2084) (May 13, 1985) (Justice Brennan)

Article • October 14, 2005

Filed under: Punch And Jurists, Rule of Lenity

Liparota v. U.S., No. 84-5018 (U.S. Supreme Court) (471 U.S. 419; 105 S.Ct. 2084) (May 13, 1985) (Justice Brennan) by The Court explained that the rule of lenity "ensures that criminal statutes will provide fair warning concerning conduct rendered illegal and strike the appropriate balance between the legislature, the prosecutor …

Jencks v. U.S., No. 23 (U.S. Supreme Court) (353 U.S. 657; 77 S.Ct. 1007) (June 3, 2057) (Justice Brennan)

Article • October 12, 2005

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Jencks v. U.S., No. 23 (U.S. Supreme Court) (353 U.S. 657; 77 S.Ct. 1007) (June 3, 2057) (Justice Brennan) by This case, which led to the enactment of 18 U.S.C. § 3500, held that the defense, in a criminal prosecution, was entitled, under certain circumstances, to obtain, for impeachment purposes, …

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 …

Pulley v. Harris, No. 82-1095 (U.S. Supreme Court) (465 U.S. 37; 104 S.Ct. 871) (January 23, 1984) (Justice White)

Article • October 10, 2005

Filed under: Punch And Jurists

Pulley v. Harris, No. 82-1095 (U.S. Supreme Court) (465 U.S. 37; 104 S.Ct. 871) (January 23, 1984) (Justice White) by Here the Court rejected a claim that the Eighth Amendment requires a "proportionality review" of capital sentences, I.e., a comparison of the sentence imposed in the instant case with the …

Arizona v. Evans, No. 93-1660 (U.S. Supreme Court) (514 U.S. 1; 115 S.Ct. 1185) (March 1, 1995) (Justice Rehnquist)

Article • October 9, 2005

Filed under: Punch And Jurists, Exclusionary Rule

Arizona v. Evans, No. 93-1660 (U.S. Supreme Court) (514 U.S. 1; 115 S.Ct. 1185) (March 1, 1995) (Justice Rehnquist) by This case established an exception to the exclusionary rule where law enforcement officers rely on police records that contain erroneous information resulting from clerical errors of court employees. In this …

McNally v. U.S., No. 86-234 (U.S. Supreme Court) (483 U.S. 350; 107 S.Ct. 2875) (June 24, 1987) (Justice White)

Article • October 6, 2005

Filed under: Punch And Jurists, Honest Services Fraud

McNally v. U.S., No. 86-234 (U.S. Supreme Court) (483 U.S. 350; 107 S.Ct. 2875) (June 24, 1987) (Justice White) by This decision led directly to the enactment by Congress of 18 U.S.C. § 1346 - the provision within the mail fraud statutes that covers the “intangible right to honest services.” …

Plaut v. Spendthrift Farms, Inc., No. 93-1121 (U.S. Supreme Court) (514 U.S. 211; 115 S.Ct. 1447) (April 18, 1995) (Justice Scalia)

Article • October 4, 2005

Filed under: Punch And Jurists, Final Judgments

Plaut v. Spendthrift Farms, Inc., No. 93-1121 (U.S. Supreme Court) (514 U.S. 211; 115 S.Ct. 1447) (April 18, 1995) (Justice Scalia) by In discussing legislative attempts to undo a court's final judgment, the Court first noted that its previous decisions had "uniformly provided fair warning that such an act exceeds …

Sherman v. U.S., No. 87 (U.S. Supreme Court) (356 U.S. 369; 78 S.Ct. 819) (May 19, 2058) (Justice Warren)

Article • October 4, 2005

Filed under: Punch And Jurists

Sherman v. U.S., No. 87 (U.S. Supreme Court) (356 U.S. 369; 78 S.Ct. 819) (May 19, 2058) (Justice Warren) by In one of its seminal cases on entrapment, the Court held, inter alia, that "the issue of whether a defendant has been entrapped is for the jury as part of …

U.S. v. Marzook, No. 03 CR 0978 (N.D.Ill.) (383 F.Supp.2d 1056) (August 22, 2005) (Judge Amy J. St. Eve)

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

Filed under: Punch And Jurists, Foreign Terrorist Organization (FTO)

U.S. v. Marzook, No. 03 CR 0978 (N.D.Ill.) (383 F.Supp.2d 1056) (August 22, 2005) (Judge Amy J. St. Eve) by In this case, Judge St. Eve, another recent appointee of President Bush, strongly endorsed the constitutionality of two key provisions of the terrorist designation statutes that were enacted in 1996 …