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Doyle v. Ohio, No. 75-5014 (U.S. Supreme Court) (426 U.S. 610; 96 S.Ct. 2240) (June 17, 1976) (Justice Powell)
Article • September 9, 2005
Filed under: Punch And Jurists, Comments on Defendant's Silence
Doyle v. Ohio, No. 75-5014 (U.S. Supreme Court) (426 U.S. 610; 96 S.Ct. 2240) (June 17, 1976) (Justice Powell) by In this case, the Court held that the Due Process Clause prohibits the Government from using a defendant's post-arrest, post-Miranda silence to create an inference of guilt for two reasons: …
Brinegar v. U.S., No. 12 (U.S. Supreme Court) (338 U.S. 160; 69 S.Ct. 1302) (June 27, 2049) (Justice Rutledge)
Article • September 8, 2005
Filed under: Punch And Jurists, Probable/Proximate Cause
Brinegar v. U.S., No. 12 (U.S. Supreme Court) (338 U.S. 160; 69 S.Ct. 1302) (June 27, 2049) (Justice Rutledge) by Here the Court held that probable cause exists where "the facts and circumstances within [the officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to …
U.S. Dep't. of Justice v. Julian, No. 86-1357 (U.S. Supreme Court) (486 U.S. 1; 108 S.Ct. 1606) (May 16, 1988) (Justice Rehnquist)
Article • September 8, 2005
Filed under: Punch And Jurists, Presentence Reports (PSRs)
U.S. Dep't. of Justice v. Julian, No. 86-1357 (U.S. Supreme Court) (486 U.S. 1; 108 S.Ct. 1606) (May 16, 1988) (Justice Rehnquist) by In this case, the respondent inmates sued under the Freedom of Information Act (FOIA), 5 U.S.C.S. § 552, for disclosure of their presentence investigation reports after their …
Wainwright v. Witt, No. 83-1427 (U.S. Supreme Court) (469 U.S. 412; 105 S.Ct. 844) (January 21, 1985) (Justice Rehnquist)
Article • September 7, 2005
Filed under: Punch And Jurists, Juries - Fair and Impartial
Wainwright v. Witt, No. 83-1427 (U.S. Supreme Court) (469 U.S. 412; 105 S.Ct. 844) (January 21, 1985) (Justice Rehnquist) by Here the Court reviewed the standards for determining whether and when a prospective juror may be excused for cause because of his or her views on capital punishment. In this …
DeShaney v. Winnebago County Dept. of Soc. Servs., No. 87-154 (U.S. Supreme Court) (489 U.S. 189; 109 S.Ct. 998) (February 22, 1989) (Justice Rehnquist)
Article • September 6, 2005
Filed under: Punch And Jurists
DeShaney v. Winnebago County Dept. of Soc. Servs., No. 87-154 (U.S. Supreme Court) (489 U.S. 189; 109 S.Ct. 998) (February 22, 1989) (Justice Rehnquist) by This case involved a claim for damages against employees of a State social service department for failing to protect the plaintiff from his father's violence, …
Bourjaily v. U.S., No. 85-6725 (U.S. Supreme Court) (483 U.S. 171; 107 S.Ct. 2775) (June 23, 1987) (Justice Rehnquist)
Article • September 5, 2005
Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony
Bourjaily v. U.S., No. 85-6725 (U.S. Supreme Court) (483 U.S. 171; 107 S.Ct. 2775) (June 23, 1987) (Justice Rehnquist) by Federal Rule of Evidence 801(d)(2)(E) provides: "A statement is not hearsay if ... [t]he statement is offered against a party and is ... a statement by a coconspirator of a …
Blackledge v. Perry, No. 72-1660 (U.S. Supreme Court) (417 U.S. 21; 94 S.Ct. 2098) (May 20, 1974) (Justice Stewart)
Article • September 5, 2005
Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing
Blackledge v. Perry, No. 72-1660 (U.S. Supreme Court) (417 U.S. 21; 94 S.Ct. 2098) (May 20, 1974) (Justice Stewart) by Here the Court held that the rule from North Carolina v. Pearce and its progeny against vindictiveness, applied to the prosecutors as well as judges, and that it was improper …
Penry v. Lynaugh, No. 87-6177 (U.S. Supreme Court) (492 U.S. 302; 109 S.Ct. 2934) (June 26, 1989) (Justice O'Connor)
Article • September 5, 2005
Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims
Penry v. Lynaugh, No. 87-6177 (U.S. Supreme Court) (492 U.S. 302; 109 S.Ct. 2934) (June 26, 1989) (Justice O'Connor) by In this case the Court established what has come to be known as the "Penry" claim, under which the Court held that it was error for the court to refuse …
Darden v. Wainwright, No. 85-5319 (U.S. Supreme Court) (477 U.S. 168; 106 S.Ct. 2464) (June 23, 1986) (Justice Powell)
Article • September 4, 2005
Filed under: Punch And Jurists, Summation
Darden v. Wainwright, No. 85-5319 (U.S. Supreme Court) (477 U.S. 168; 106 S.Ct. 2464) (June 23, 1986) (Justice Powell) by Here the Court established that the standard for determining whether a prosecutor's misconduct during closing argument requires reversal is whether the statements so infected the trial with unfairness as to …
Caplin & Drysdale, Chartered v. U.S., No. 87-1729 (U.S. Supreme Court) (491 U.S. 617; 109 S.Ct. 2646) (June 22, 1989) (Justice White)
Article • September 4, 2005
Filed under: Punch And Jurists, Pre-Trial Restraint of Assets
Caplin & Drysdale, Chartered v. U.S., No. 87-1729 (U.S. Supreme Court) (491 U.S. 617; 109 S.Ct. 2646) (June 22, 1989) (Justice White) by In this case a defendant was charged with running a massive drug importation and distribution scheme alleged to be a continuing criminal enterprise (CCE) in violation of …
Hudson v. McMillian, No. 90-6531 (U.S. Supreme Court) (503 U.S. 1; 112 S.Ct. 995) (February 25, 1992) (Justice O'Connor)
Article • September 3, 2005
Filed under: Punch And Jurists, Cruel and Unusual Punishment
Hudson v. McMillian, No. 90-6531 (U.S. Supreme Court) (503 U.S. 1; 112 S.Ct. 995) (February 25, 1992) (Justice O'Connor) by Here the Court held that where an inmate's Eighth Amendment claim is based on excessive force, the "core judicial inquiry is . . . whether force was applied in a …
U.S. v. Di Re, No. 61 (U.S. Supreme Court) (332 U.S. 581; 68 S.Ct. 222) (January 5, 2048) (Justice Jackson)
Article • September 3, 2005
Filed under: Punch And Jurists, Searches - Incident to Arrest
U.S. v. Di Re, No. 61 (U.S. Supreme Court) (332 U.S. 581; 68 S.Ct. 222) (January 5, 2048) (Justice Jackson) by In this case the Court held that probable cause was lacking to arrest a passenger of a car who was present during a sale of illegal gasoline ration coupons. …
The New York Times Co. v. Gonzales, No. 04 Civ. 7677(RWS) (S.D.N.Y.) (382 F.Supp.2d 457) (February 24, 2005) (Judge Robert W. Sweet)
Article • September 1, 2005 • from P&J September, 2005
Filed under: Punch And Jurists, Press/Reporter's Privilege
The New York Times Co. v. Gonzales, No. 04 Civ. 7677(RWS) (S.D.N.Y.) (382 F.Supp.2d 457) (February 24, 2005) (Judge Robert W. Sweet) by This case is noted for Judge Sweet’s masterly and comprehensive analysis of the history, development and current status of the reporter’s privilege under the First Amendment; and …
U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (378 F.Supp.2d 1051) (June 6, 2005) (Judge Mark W. Bennett)
Article • September 1, 2005 • from P&J September, 2005
Filed under: Punch And Jurists, Crawford
U.S. v. Johnson, No. CR 01-3046-MWB (N.D.Iowa) (378 F.Supp.2d 1051) (June 6, 2005) (Judge Mark W. Bennett) by Defendant was convicted on ten capital charges under 21 U.S.C. § 848(e)(1)(A) and 18 U.S.C. § 2. She moved in limine to exclude, from the penalty phase of her trial, evidence of …
U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (389 F.Supp.2d 29) (September 2, 2005) (Judge Nancy Gertner)
Article • September 1, 2005 • from P&J September, 2005
Filed under: Punch And Jurists, Bias/Discrimination
U.S. v. Green, No. Crim. No. 02-10301-NG (D.Mass.) (389 F.Supp.2d 29) (September 2, 2005) (Judge Nancy Gertner) by Defendants, who were charged with murder in aid of racketeering, filed a motion to dismiss the charges against them or, in the alternative, to stay the case until a jury could be …
U.S. v. Bobo, No. 04-15028 (11th Cir.) (419 F.3d 1264) (August 9, 2005) (Judge Gerald B. Tjoflat)
Article • September 1, 2005 • from P&J September, 2005
Filed under: Punch And Jurists
U.S. v. Bobo, No. 04-15028 (11th Cir.) (419 F.3d 1264) (August 9, 2005) (Judge Gerald B. Tjoflat) by After defendant's convictions (reported at 344 F.3d 1076) for conspiring and attempting to defraud a health care benefit program had been vacated by a panel of the court, the United States District …
A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (389 F.Supp.2d 547) (September 29, 2005) (Judge Alvin K. Hellerstein)
Article • September 1, 2005 • from P&J September, 2005
Filed under: Punch And Jurists, Exemptions
A.C.L.U. v. Department of Defense, No. 04 Civ. 4151 (AKH) (S.D.N.Y.) (389 F.Supp.2d 547) (September 29, 2005) (Judge Alvin K. Hellerstein) by On October 7, 2003, the American Civil Liberties Union (ACLU) filed a Freedom of Information Act (FOIA) lawsuit against the Government, seeking information regarding the mistreatment of detainees …
U.S. v. Hildenbrandt, No. 1:03-CR-193 (LEK) (N.D.N.Y.) (378 F.Supp.2d 44) (July 6, 2005) (Judge Lawrence E. Kahn)
Article • September 1, 2005 • from P&J September, 2005
Filed under: Punch And Jurists, Mandatory Minimums
U.S. v. Hildenbrandt, No. 1:03-CR-193 (LEK) (N.D.N.Y.) (378 F.Supp.2d 44) (July 6, 2005) (Judge Lawrence E. Kahn) by Charles Hildenbrandt threw a Molotov cocktail into an apartment that was occupied by his former girlfriend and her current boyfriend, resulting in extensive property damage and the death of a pet. Hildenbrandt …
U.S. v. Campa, No. 01-17176 (11th Cir.) (419 F.3d 1219) (August 9, 2005) (Per Curiam)
Article • September 1, 2005 • from P&J September, 2005
Filed under: Punch And Jurists, Prejudicial Spillover
U.S. v. Campa, No. 01-17176 (11th Cir.) (419 F.3d 1219) (August 9, 2005) (Per Curiam) by In 1998, the five defendants in this case (who subsequently became known as the “Cuba 5") were arrested on a criminal complaint; and they were subsequently indicted with nine co-defendants on a variety of …
U.S. v. Yakobowicz, No. 04-0201-cr (2nd Cir.) (427 F.3d 144) (October 14, 2005) (Judge Ralph K. Jr. Winter)
Article • September 1, 2005 • from P&J September, 2005
Filed under: Punch And Jurists, Summation
U.S. v. Yakobowicz, No. 04-0201-cr (2nd Cir.) (427 F.3d 144) (October 14, 2005) (Judge Ralph K. Jr. Winter) by Here a divided panel from the Second Circuit overturned a defendant's conviction for filing false excise tax returns after concluding that the district court had acted inappropriately in allowing argumentative summations …
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