Search | Punch and Jurists

U.S. v. Awad, No. 01-50408 (9th Cir.) (371 F.3d 583) (June 9, 2004) (Judge Cynthia Holcomb Hall)

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

Filed under: Punch And Jurists, Cooperation Not Complete

U.S. v. Awad, No. 01-50408 (9th Cir.) (371 F.3d 583) (June 9, 2004) (Judge Cynthia Holcomb Hall) by The defendant in this case, Issam Awad, pled guilty to one count of illegally possessing pseudoephedrine in violation of 21 U.S.C. § 841(d)(2). While the plea agreement did not obligate the Government …

U.S. v. Martin, No. 03-1068 (1st Cir.) (363 F.3d 25) (March 30, 2004) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Physical Condition

U.S. v. Martin, No. 03-1068 (1st Cir.) (363 F.3d 25) (March 30, 2004) (Judge Kermit A. Lipez) by Defendant Daniel Martin pled guilty to fraud and tax evasion arising out of his participation in a scheme to defraud several food distributors and a supermarket chain of more than $1.8 million. …

U.S. v. Causey, No. CRIM.A. H-04-025 (S.D.Tex.) (309 F.Supp.2d 917) (March 18, 2004) (Judge Simeon T. III Lake)

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

Filed under: Punch And Jurists, Civil Asset Forfeiture Reform Act (CAFRA)

U.S. v. Causey, No. CRIM.A. H-04-025 (S.D.Tex.) (309 F.Supp.2d 917) (March 18, 2004) (Judge Simeon T. III Lake) by

U.S. v. Bennett, No. 02-50442 (9th Cir.) (363 F.3d 947) (April 9, 2004) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Best Evidence Rule

U.S. v. Bennett, No. 02-50442 (9th Cir.) (363 F.3d 947) (April 9, 2004) (Judge Raymond C. Fisher) by This case arose from the boarding and search of the defendant’s boat at the entrance to San Diego Bay by a joint task force targeting smuggling activities from Mexico into Southern California. …

Mataya v. Kingston, No. 02-2850 (7th Cir.) (371 F.3d 353) (June 3, 2004) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

Mataya v. Kingston, No. 02-2850 (7th Cir.) (371 F.3d 353) (June 3, 2004) (Judge Richard A. Posner) by In this case, the Seventh Circuit discovered a new way to excuse both material perjury by the Government’s main witness at trial and the Government’s impenitent failure to alert the court or …

U.S. v. Montero-Montero, No. 02-1734 (1st Cir.) (370 F.3d 121) (June 2, 2004) (Judge Jeffrey R. Howard)

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

Filed under: Punch And Jurists, Special Skills

U.S. v. Montero-Montero, No. 02-1734 (1st Cir.) (370 F.3d 121) (June 2, 2004) (Judge Jeffrey R. Howard) by As part of his plea agreement, the defendant in this case stipulated that he had conspired with several others to smuggle hundreds of kilos of marijuana into Puerto Rico. At sentencing, the …

Pliler v. Ford, No. 03-221 (U.S. Supreme Court) (542 U.S. 225; 124 S.Ct. 2441) (June 21, 2004) (Justice Thomas)

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

Filed under: Punch And Jurists, Stay and Abeyance Procedure

Pliler v. Ford, No. 03-221 (U.S. Supreme Court) (542 U.S. 225; 124 S.Ct. 2441) (June 21, 2004) (Justice Thomas) by In 1997, Richard Ford filed two pro se federal habeas petitions just five days before the statute of limitations expired. Because the claims in his petitions were “mixed” (i.e., they …

Austin v. Wilkinson, No. 02-3429 (6th Cir.) (372 F.3d 346) (June 10, 2004) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

Austin v. Wilkinson, No. 02-3429 (6th Cir.) (372 F.3d 346) (June 10, 2004) (Judge Karen Nelson Moore) by In a landmark decision, a divided panel from the 6th Circuit ruled that prisoners cannot be placed or indefinitely detained in solitary confinement at an Ohio supermax prison without due process. The …

U.S. v. Iniguez, No. 01-50553 (9th Cir.) (368 F.3d 1113) (May 26, 2004) (Judge M. Margaret McKeown)

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

Filed under: Punch And Jurists, Total Punishment

U.S. v. Iniguez, No. 01-50553 (9th Cir.) (368 F.3d 1113) (May 26, 2004) (Judge M. Margaret McKeown) by Here the Court joined most of the Circuits in holding that that the term “total punishment” as used in U.S.S.G. § 5G1.2(d) means the sentence chosen by the district court “from the …

U.S. v. Benitez, No. 03-167 (U.S. Supreme Court) (542 U.S. 74; 124 S.Ct. 2333) (June 14, 2004) (Justice Souter)

Article • May 1, 2004 • from P&J February, 2006

Filed under: Punch And Jurists, Withdrawal

U.S. v. Benitez, No. 03-167 (U.S. Supreme Court) (542 U.S. 74; 124 S.Ct. 2333) (June 14, 2004) (Justice Souter) by The respondent in this case, Carlos Dominguez Benitez, pled guilty to conspiracy to distribute methamphetamine, as a result of which he faced a mandatory minimum sentence of ten years. The …

Olvera v. Giurbino, No. 02-56134 (9th Cir.) (371 F.3d 569) (June 8, 2004) (Judge Proctor Jr. Hug)

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

Filed under: Punch And Jurists, Stay and Abeyance Procedure

Olvera v. Giurbino, No. 02-56134 (9th Cir.) (371 F.3d 569) (June 8, 2004) (Judge Proctor Jr. Hug) by Because the statute of limitations continues to run during the pendency of Federal habeas corpus proceedings, a petitioner often will not have time to exhaust all of his available state remedies and …

U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian)

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

Filed under: Punch And Jurists, Civic/Charitable/Public Service Contributions

U.S. v. O'Malley, No. 03-1897 (8th Cir.) (364 F.3d 974) (April 22, 2004) (Judge Theodore McMillian) by The defendant was convicted at trial of conspiracy to commit bank fraud and mail and wire fraud; and his Guideline sentencing range was 24 to 30 months. At sentencing, the district court departed …

U.S. v. Stephens, No. 02-14656 (11th Cir.) (365 F.3d 967) (April 6, 2004) (Judge Gerald B. Tjoflat)

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

Filed under: Witnesses, Punch And Jurists

U.S. v. Stephens, No. 02-14656 (11th Cir.) (365 F.3d 967) (April 6, 2004) (Judge Gerald B. Tjoflat) by

U.S. v. Al-Arian, No. 8:03-CR-77-T-30TBM (M.D.Fla.) (308 F.Supp.2d 1322) (March 12, 2004) (Judge James S. Jr. Moody)

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

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

U.S. v. Al-Arian, No. 8:03-CR-77-T-30TBM (M.D.Fla.) (308 F.Supp.2d 1322) (March 12, 2004) (Judge James S. Jr. Moody) by Government indicted defendants in a 50 count indictment that included counts for: conspiracy to commit racketeering; conspiracy to commit murder, maim, or injure persons outside the United States; conspiracy to provide material …

Thornton v. U.S., No. 03-5165 (U.S. Supreme Court) (541 U.S. 615; 124 S.Ct. 2127) (May 24, 2004) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

Thornton v. U.S., No. 03-5165 (U.S. Supreme Court) (541 U.S. 615; 124 S.Ct. 2127) (May 24, 2004) (Justice Rehnquist) by Here the Court held that the police may conduct a warrantless search of a parked car if they have made a lawful arrest of its driver nearby, even when the …

U.S. v. Campo, No. Crim. 02-10287-NG (D.Mass.) (307 F.Supp.2d 216) (January 15, 2004) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Campo, No. Crim. 02-10287-NG (D.Mass.) (307 F.Supp.2d 216) (January 15, 2004) (Judge Nancy Gertner) by Defendant filed a motion to sever pursuant to Fed. R. Crim. P. 14(a) the conspiracy count of his indictment from the six substantive counts of his indictment for drug trafficking. The government claimed, …

Collins v. Rice, No. 01-56958 (9th Cir.) (365 F.3d 667) (April 8, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Batson Claims

Collins v. Rice, No. 01-56958 (9th Cir.) (365 F.3d 667) (April 8, 2004) (Per Curiam) by Petitioner inmate sought review of a judgment from the United States District Court for the Central District of California, which dismissed his application for a writ of habeas corpus under 28 U.S.C. § 2254 …

U.S. v. Cronic, No. 82-660 (U.S. Supreme Court) (466 U.S. 648; 104 S.Ct. 2039) (May 14, 1984) (Justice Stevens)

Article • April 26, 2004

Filed under: Punch And Jurists, Counsel - Constructive denial of

U.S. v. Cronic, No. 82-660 (U.S. Supreme Court) (466 U.S. 648; 104 S.Ct. 2039) (May 14, 1984) (Justice Stevens) by This seminal case set the standard for determining when there has been a complete denial of a defendant's right to effective assistance of counsel, in which case there is a …

Hoffa v. U.S., No. 32 (U.S. Supreme Court) (385 U.S. 293; 87 S.Ct. 408) (December 12, 2066) (Justice Stewart)

Article • April 16, 2004

Filed under: Punch And Jurists, Informants and Paid Witnesses

Hoffa v. U.S., No. 32 (U.S. Supreme Court) (385 U.S. 293; 87 S.Ct. 408) (December 12, 2066) (Justice Stewart) by In this case the court rejected a due process argument that the use of informant testimony raised unacceptable risks of perjurious testimony, so long as the existence of any incentives …

Fellers v. U.S., No. 02-6320 (U.S. Supreme Court) (540 U.S. 519; 124 S.Ct. 1019) (January 26, 2004) (Justice O'Connor)

Article • April 11, 2004 • from P&J January, 2004

Filed under: Punch And Jurists, Miranda

Fellers v. U.S., No. 02-6320 (U.S. Supreme Court) (540 U.S. 519; 124 S.Ct. 1019) (January 26, 2004) (Justice O'Connor) by This case presented the Supreme Court with the opportunity to decide whether statements obtained from a criminal defendant who was read his rights under Miranda v. Arizona could be introduced …