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Melton v. U.S., No. 03-3903 (7th Cir.) (359 F.3d 855) (February 13, 2004) (Judge Frank H. Easterbrook)
Article • February 1, 2004 • from P&J January, 2005
Filed under: Punch And Jurists, Audita Querela
Melton v. U.S., No. 03-3903 (7th Cir.) (359 F.3d 855) (February 13, 2004) (Judge Frank H. Easterbrook) by Here the Court dismissed the prisoner's self-styled petition for a writ of audita querela, concluding that it was, in substance, a second or successive motion under 28 U.S.C. § 2255 for which …
Illinois v. Fisher, No. 03-374 (U.S. Supreme Court) (540 U.S. 544; 124 S.Ct. 1200) (February 23, 2004) (Per Curiam)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of
Illinois v. Fisher, No. 03-374 (U.S. Supreme Court) (540 U.S. 544; 124 S.Ct. 1200) (February 23, 2004) (Per Curiam) by This brief per curiam decision is noted for its discussion of the rule of law established in Arizona v. Youngblood, 488 U.S. 51 (1988) relating to the destruction of evidence …
Miller-El v. Dretke, No. 00-10784 (5th Cir.) (361 F.3d 849) (February 26, 2004) (Judge Harold R. Jr. DeMoss)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Batson Claims
Miller-El v. Dretke, No. 00-10784 (5th Cir.) (361 F.3d 849) (February 26, 2004) (Judge Harold R. Jr. DeMoss) by In 1986, the Supreme Court held, in Batson v. Kentucky, 476 U.S. 79 (1986), that purposeful racial discrimination in the selection of the venire violates a defendant's right to equal protection. …
U.S. v. Jaimes, No. 02-00175-03-ACK (D.Hawai'I) (297 F.Supp.2d 1554) (July 16, 2003) (Judge Alan Cooke Kay)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Drug-Tainted Currency
U.S. v. Jaimes, No. 02-00175-03-ACK (D.Hawai'I) (297 F.Supp.2d 1554) (July 16, 2003) (Judge Alan Cooke Kay) by This case is noted as an example of the wide judicial gap that exists on the controversial issue of drug-contaminated currency. While numerous scientific studies have established that a significant percentage of all …
Holloway v. Horn, No. 01-9009 (3rd Cir.) (355 F.3d 707) (January 22, 2004) (Judge Robert E. Cowen)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Batson Claims
Holloway v. Horn, No. 01-9009 (3rd Cir.) (355 F.3d 707) (January 22, 2004) (Judge Robert E. Cowen) by Here, some 17 years after his conviction for a 1980 murder, the Third Circuit granted habeas relief to the defendant on the grounds that the prosecutor’s use of eleven peremptory strikes to …
U.S. v. Deemer, No. 03-30034 (9th Cir.) (354 F.3d 1130) (January 20, 2004) (Judge Melvin Brunetti)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Exigent Circumstances
U.S. v. Deemer, No. 03-30034 (9th Cir.) (354 F.3d 1130) (January 20, 2004) (Judge Melvin Brunetti) by U.S. v. Williams, 354 F.3d 497 (6th Cir. 2003) (Judge Cole) U.S. v. Deemer, 354 F.3d 1130 (9th Cir. 2004) (Judge Brunetti) In Payton v. New York, 445 U.S. 573 (1980), the Supreme …
U.S. v. Carter, No. 03-3045 (10th Cir.) (360 F.3d 1235) (March 8, 2004) (Judge Harris L. Hartz)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Fruit of the Poisonous Tree
U.S. v. Carter, No. 03-3045 (10th Cir.) (360 F.3d 1235) (March 8, 2004) (Judge Harris L. Hartz) by Defendant conditionally pled guilty to possession of a firearm after previously being convicted of three felonies, in violation of 18 U.S.C.S. § 922(g). Defendant appealed from the United States District Court for …
U.S. v. Searcy, No. CR 95-AR-0103-E (N.D.Ala.) (293 F.Supp.2d 1248) (November 10, 2003) (Judge William M. Jr. Acker)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)
U.S. v. Searcy, No. CR 95-AR-0103-E (N.D.Ala.) (293 F.Supp.2d 1248) (November 10, 2003) (Judge William M. Jr. Acker) by This case is noted for Judge Acker’s caustic, often mocking, and certainly amusing attack on some of the absurdities of the modern day, politically inspired, approach to restitution and his reaffirmation …
U.S. v. Kneuppel, No. 03 CV 0536(NG)(MDG) (E.D.N.Y.) (293 F.Supp.2d 199) (November 17, 2003) (Judge Nina Gershon)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, No Knowledge Provision
U.S. v. Kneuppel, No. 03 CV 0536(NG)(MDG) (E.D.N.Y.) (293 F.Supp.2d 199) (November 17, 2003) (Judge Nina Gershon) by The four defendants in this case pled guilty to engaging in a criminal conspiracy to violate § 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)) and S.E.C. Rule …
Iowa v. Tovar, No. 02-1541 (U.S. Supreme Court) (541 U.S. 77; 124 S.Ct. 1379) (March 8, 2004) (Justice Ginsburg)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Waivers/Defaults
Iowa v. Tovar, No. 02-1541 (U.S. Supreme Court) (541 U.S. 77; 124 S.Ct. 1379) (March 8, 2004) (Justice Ginsburg) by In this case the Court held that while persons pleading guilty to crimes have a constitutional right to assistance of counsel, the Sixth Amendment does not impose a duty on …
U.S. v. Pickett, No. 03-3018 (D.C. Cir.) (353 F.3d 62) (January 9, 2004) (Judge David B. Sentelle)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Elements of Offense
U.S. v. Pickett, No. 03-3018 (D.C. Cir.) (353 F.3d 62) (January 9, 2004) (Judge David B. Sentelle) by The United States District Court for the District of Columbia entered a final judgment of conviction after a jury found defendant guilty of violating federal law by making false statements in a …
Gwinn v. Awmiller, No. 00-1485 (10th Cir.) (354 F.3d 1211) (January 12, 2004) (Judge Robert H. Henry)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Megan's Laws
Gwinn v. Awmiller, No. 00-1485 (10th Cir.) (354 F.3d 1211) (January 12, 2004) (Judge Robert H. Henry) by Here the plaintiff pled guilty to robbery; and he was sentenced to 10 years in prison. As part of his plea agreement, a sexual assault charge was dismissed. After prison officials classified …
U.S. v. Nava-Sotelo, No. 02-2338 (10th Cir.) (354 F.3d 1202) (December 31, 2003) (Judge Terrence L. O'Brien)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Mens Rea Element
U.S. v. Nava-Sotelo, No. 02-2338 (10th Cir.) (354 F.3d 1202) (December 31, 2003) (Judge Terrence L. O'Brien) by Along with other crimes, defendant was convicted in the United States District Court for the District of New Mexico for the use and carrying of a firearm during a crime of violence …
Groceman v. U.S. Dept. of Justice, No. 02-10810 (5th Cir.) (354 F.3d 411) (January 6, 2004) (Per Curiam)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, DNA Evidence/Testing
Groceman v. U.S. Dept. of Justice, No. 02-10810 (5th Cir.) (354 F.3d 411) (January 6, 2004) (Per Curiam) by Groceman v. U.S. Dept. of Justice, 354 F.3d 411 (5th Cir. 2004) (PerCuriam) Green v. Berge, 354 F.3d 675 (7th Cir. 2004) (Judge Evans) In these two cases, state and federally …
U.S. v. Mitchell, No. 02-3562 (7th Cir.) (353 F.3d 552) (December 23, 2003) (Judge Ilana Diamond Rovner)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Unduly Influencing a Minor
U.S. v. Mitchell, No. 02-3562 (7th Cir.) (353 F.3d 552) (December 23, 2003) (Judge Ilana Diamond Rovner) by Defendant, having pled guilty to violating 18 U.S.C. § 2423(b), travelling in interstate commerce with the intent to engage in a prohibited sexual act with an apparent minor, appealed from the sentence …
U.S. v. Fell, No. 02-1638 (2nd Cir.) (360 F.3d 135) (March 2, 2004) (Judge John M. Jr. Walker)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Federal Death Penalty Act
U.S. v. Fell, No. 02-1638 (2nd Cir.) (360 F.3d 135) (March 2, 2004) (Judge John M. Jr. Walker) by Here the Court vacated Judge Sessions’ decision, previously reported at 217 F.Supp.2d 469 (D.Vt. 2002), in which he declared the Federal Death Penalty Act (18 U.S.C. § 3591-98) unconstitutional. The Circuit …
U.S. v. Barresi, No. 03-1368 (2nd Cir.) (361 F.3d 666) (March 9, 2004) (Judge Amalya Lyle Kearse)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Credits
U.S. v. Barresi, No. 03-1368 (2nd Cir.) (361 F.3d 666) (March 9, 2004) (Judge Amalya Lyle Kearse) by The defendant had already served the imprisonment portion of his sentence when an earlier appeal resulted in a finding that he had served excess time in prison. On remand, he then moved …
U.S. v. Neuendank, No. 02 CR 1079 (N.D.Ill.) (278 F.Supp.2d 899) (February 18, 2004) (Judge Matthew F. Kennelly)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Delays in Prosecution of Case
U.S. v. Neuendank, No. 02 CR 1079 (N.D.Ill.) (278 F.Supp.2d 899) (February 18, 2004) (Judge Matthew F. Kennelly) by Defendant, who pled guilty to mail fraud, moved for a downward departure pursuant to U.S. Sentencing Guideline Manual § 5K2.0 based on the government's allegedly unreasonable and unwarranted delay in prosecuting …
U.S. v. D'Angelo, No. 02 CR 399 (JG) (E.D.N.Y.) (2004 U.S. Dist. LEXIS 2239) (February 18, 2004) (Judge John Gleeson)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Perjury/Perjured Testimony
U.S. v. D'Angelo, No. 02 CR 399 (JG) (E.D.N.Y.) (2004 U.S. Dist. LEXIS 2239) (February 18, 2004) (Judge John Gleeson) by Based principally on the conflicting testimony of three alleged accomplice witnesses, Angel D’Angelo was convicted at trial of committing murder in aid of racketeering, in violation of 18 U.S.C. …
Mena v. City of Simi Valley, No. 01-56673 (9th Cir.) (354 F.3d 1015) (January 14, 2004) (Per Curiam)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Immunity - Absolute and Qualified
Mena v. City of Simi Valley, No. 01-56673 (9th Cir.) (354 F.3d 1015) (January 14, 2004) (Per Curiam) by In this case, the police executed a search warrant, entering a suspected gang safehouse with guns drawn, and held all occupants in handcuffs for the duration of the two- to three-hour …
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