Search | Punch and Jurists

Comer v. Schriro, No. 98-99003 (9th Cir.) (463 F.3d 964) (September 13, 2006) (Judge Warren J. Ferguson)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Waiver of Appeal Rights

Comer v. Schriro, No. 98-99003 (9th Cir.) (463 F.3d 964) (September 13, 2006) (Judge Warren J. Ferguson) by In a case that goes to the heart of the role the death penalty should play in a civilized society, a divided panel from the Ninth Circuit granted habeas relief to a …

U.S. v. Gilbert, No. 04-5004 (4th Cir.) (430 F.3d 215) (November 28, 2005) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Gilbert, No. 04-5004 (4th Cir.) (430 F.3d 215) (November 28, 2005) (Judge J. Harvie III Wilkinson) by Defendant appealed from the judgment of the United States District Court for the Western District of Virginia, at Roanoke, convicting him of being a felon in possession of a firearm. Defendant …

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 …

U.S. v. Scott, No. 04-4649 (4th Cir.) (424 F.3d 431) (September 20, 2005) (Judge M. Blane Michael)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Scott, No. 04-4649 (4th Cir.) (424 F.3d 431) (September 20, 2005) (Judge M. Blane Michael) by The defendant in this case. Benjamin Scott, was convicted of being a felon-in-possession of a gun in violation of 18 U.S.C. § 922(g)(1), based on a theory of constructive possession of the …

U.S. v. Ross, No. 04-2124 (7th Cir.) (412 F.3d 771) (June 20, 2005) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Ross, No. 04-2124 (7th Cir.) (412 F.3d 771) (June 20, 2005) (Judge Terrence T. Evans) by In a case that must be read to realize the full import of the trial court’s blind acceptance of the Government’s case, the Seventh Circuit vacated the defendant’s conviction for being a …

U.S. v. Holmes, No. 04-1007 (8th Cir.) (413 F.3d 770) (July 7, 2005) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, Felon in Possession Statute

U.S. v. Holmes, No. 04-1007 (8th Cir.) (413 F.3d 770) (July 7, 2005) (Judge Michael J. Melloy) by Here the Court vacated a conviction for being a felon in possession of a firearm on the grounds that the prosecutor engaged in “highly improper” conduct by stating, during the rebuttal phase …

U.S. v. McGilvery, No. 04-1013 (6th Cir.) (403 F.3d 361) (April 5, 2005) (Judge Dan Aaron Polster)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. McGilvery, No. 04-1013 (6th Cir.) (403 F.3d 361) (April 5, 2005) (Judge Dan Aaron Polster) by

U.S. v. McDaniel, No. 03-1940 (6th Cir.) (398 F.3d 540) (February 17, 2005) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. McDaniel, No. 03-1940 (6th Cir.) (398 F.3d 540) (February 17, 2005) (Judge Karen Nelson Moore) by Two appellants challenged the decision entered by the United States District Court for the Western District of Michigan that convicted appellants of conspiracy, theft of U.S. mail, and bank fraud. Appellant one …

U.S. v. Jeronimo, No. 03-30394 (9th Cir.) (398 F.3d 1149) (February 23, 2005) (Judge Ronald M. Gould)

Article • March 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Jeronimo, No. 03-30394 (9th Cir.) (398 F.3d 1149) (February 23, 2005) (Judge Ronald M. Gould) by Defendant appealed the judgment of the United States District Court for the District of Oregon denying his motion to withdraw his guilty plea to two counts of drug trafficking. Defendant pleaded guilty …

U.S. v. Grinard-Henry, No. 04-12677 (11th Cir.) (399 F.3d 1294) (February 11, 2005) (Per Curiam)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Grinard-Henry, No. 04-12677 (11th Cir.) (399 F.3d 1294) (February 11, 2005) (Per Curiam) by

U.S. v. Levy, No. 01-17133 (11th Cir.) (374 F.3d 1023) (June 23, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Levy, No. 01-17133 (11th Cir.) (374 F.3d 1023) (June 23, 2004) (Per Curiam) by Defendant appealed the judgment of the United States District Court for the Southern District of Florida sentencing him to two consecutive sentences totaling 168 months in prison after he pleaded guilty to conspiring to …

U.S. v. Terrell, No. 8:04CR24 (D.Neb.) (2004 U.S. Dist. LEXIS 13781) (July 22, 2004) (Judge Joseph F. Bataillon)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Terrell, No. 8:04CR24 (D.Neb.) (2004 U.S. Dist. LEXIS 13781) (July 22, 2004) (Judge Joseph F. Bataillon) by Defendant, who pled guilty to the indictment charging him with violation of 18 U.S.C. § 922(g)(1), possession of firearms and ammunition by a felon, was before the court for sentencing. The …

U.S. v. Zingsheim, No. 04-1671 (7th Cir.) (384 F.3d 867) (September 29, 2004) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Mandamus, Writ of

U.S. v. Zingsheim, No. 04-1671 (7th Cir.) (384 F.3d 867) (September 29, 2004) (Judge Frank H. Easterbrook) by As the Federal bar awaits the Supreme Court’s Blakely rulings in U.S. v. Booker and U.S. v. Fanfan, a number of judges have also begun to revisit some of the other aspects …

U.S. v. Hahn, No. 01-2301 (10th Cir.) (359 F.3d 1315) (March 4, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Hahn, No. 01-2301 (10th Cir.) (359 F.3d 1315) (March 4, 2004) (Per Curiam) by Here the en banc court upheld the validity of appeal waiver provisions in general, and rejected the defendant's claim that such waivers can never be knowing and voluntary; but the Court did establish a …

Baldwin v. Reese, No. 02-964 (U.S. Supreme Court) (541 U.S. 27; 124 S.Ct. 1347) (March 2, 2004) (Justice Breyer)

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

Filed under: Punch And Jurists, Procedural Default/Error

Baldwin v. Reese, No. 02-964 (U.S. Supreme Court) (541 U.S. 27; 124 S.Ct. 1347) (March 2, 2004) (Justice Breyer) by In this habeas case, the limited issue before the Court was one of those arcane "exhaustion" rules designed to sift out frivolous appeals by prisoners - namely whether the petitioner …

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 …

U.S. v. Chavez, No. 72-1319 (U.S. Supreme Court) (416 U.S. 562; 94 S.Ct. 1849) (May 13, 1974) (Justice White)

Article • August 4, 2003

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Chavez, No. 72-1319 (U.S. Supreme Court) (416 U.S. 562; 94 S.Ct. 1849) (May 13, 1974) (Justice White) by Here and in the companion case, U.S. v. Giordano, the Court addressed the validity of wiretap evidence where the Government failed to satisfy fully some of the statutory requirements of …

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (336 F.3d 279) (July 14, 2003) (Per Curiam)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Appealable Issues/Orders

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (336 F.3d 279) (July 14, 2003) (Per Curiam) by

In Re Plea Agreements, No. 3:03-MC-67 (W.D.N.C.) ( F.Supp.2d ) (June 4, 2003) (Judge Graham C. Mullen)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Waiver of Appeal Rights

In Re Plea Agreements, No. 3:03-MC-67 (W.D.N.C.) ( F.Supp.2d ) (June 4, 2003) (Judge Graham C. Mullen) by Here the Court held that waivers of appeal provisions (which are now standard in virtually all Federal plea agreements) are "unconscionable" and that plea agreements containing such provisions would no longer be …

U.S. v. Andis, No. 01-1272 (8th Cir.) (333 F.3d 886) (June 27, 2003) (Judge Michael J. Melloy)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Andis, No. 01-1272 (8th Cir.) (333 F.3d 886) (June 27, 2003) (Judge Michael J. Melloy) by Almost immediately after the advent of the Guidelines, the plea bargaining process in Federal criminal cases started undergoing two major changes. First, more defendants began to plead guilty to order to benefit …