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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 …

U.S. v. Giordano, No. 0580061CR (S.D.Fla.) (370 F.Supp.2d 1256) (May 11, 2005) (Judge Magistrate)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Giordano, No. 0580061CR (S.D.Fla.) (370 F.Supp.2d 1256) (May 11, 2005) (Judge Magistrate) by

U.S. v. Copeland, No. 01-CR-1453 (E.D.N.Y.) (369 F.Supp.2d 275) (May 4, 2005) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Reasonable Probability

U.S. v. Copeland, No. 01-CR-1453 (E.D.N.Y.) (369 F.Supp.2d 275) (May 4, 2005) (Judge Jack B. Weinstein) by The defendant in this case was charged with illegal reentry after deportation in violation of 8 U.S.C. § 1326(a); and, after a complex procedural history including an earlier remand from the Second Circuit, …

U.S. v. Mitrione, No. 02-4222 (7th Cir.) (357 F.3d 712) (February 9, 2004) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Mitrione, No. 02-4222 (7th Cir.) (357 F.3d 712) (February 9, 2004) (Judge Terrence T. Evans) by The two defendants in this case, a psychiatrist and his office manager, were convicted at trial on 10 of 14 counts of Medicare and Medicaid fraud. After the verdict, they filed a …

Cooper v. Oklahoma, No. 95-5207 (U.S. Supreme Court) (517 U.S. 348; 116 S.Ct. 1373) (April 16, 1996) (Justice Stevens)

Article • August 12, 2003

Filed under: Punch And Jurists, Burden of Proof

Cooper v. Oklahoma, No. 95-5207 (U.S. Supreme Court) (517 U.S. 348; 116 S.Ct. 1373) (April 16, 1996) (Justice Stevens) by In this case a unanimous Court struck down a state statute requiring a criminal defendant to prove incompetence to stand trial by "clear and convincing evidence." The Court struck down …

U.S. v. Darwich, No. 99-2147 (6th Cir.) (337 F.3d 645) (July 24, 2003) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Darwich, No. 99-2147 (6th Cir.) (337 F.3d 645) (July 24, 2003) (Judge Karen Nelson Moore) by In this case the Sixth Circuit held that the district court had erred in relying on hearsay evidence to reach the 50-kilogram quantity of marijuana needed to sentence the defendant under 21 …

U.S. v. Keene, No. 02-2330 (1st Cir.) (341 F.3d 78) (August 22, 2003) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Keene, No. 02-2330 (1st Cir.) (341 F.3d 78) (August 22, 2003) (Judge Richard S. Arnold) by Here, joining with decisions from the Sixth, Seventh and Eleventh Circuits, the First Circuit refused to extend the Apprendi requirements to criminal forfeitures, since forfeitures are “not viewed as a separate charge” …

U.S. v. Riley, No. 02-30072 (9th Cir.) (335 F.3d 919) (July 9, 2003) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Riley, No. 02-30072 (9th Cir.) (335 F.3d 919) (July 9, 2003) (Judge A. Wallace Tashima) by The defendant appealed from a judgment of the District Court, convicting him, pursuant to his guilty plea, of conspiracy to produce fictitious obligations in violation of 18 U.S.C.S. § 514, possession of …

U.S. v. Long, No. 02-3003 (D.C. Cir.) (328 F.3d 655) (May 16, 2003) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Long, No. 02-3003 (D.C. Cir.) (328 F.3d 655) (May 16, 2003) (Judge Judith W. Rogers) by Here the Court rejected a claim that the imposition of an eight level increase in the defendant’s base offense level based on acquitted conduct required a finding by clear and convincing evidence. …

U.S. v. Boos, No. 02-2006 (7th Cir.) (329 F.3d 907) (May 15, 2003) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Boos, No. 02-2006 (7th Cir.) (329 F.3d 907) (May 15, 2003) (Judge Terrence T. Evans) by Defendant, who pleaded guilty to violating 21 U.S.C.S §§ 856(a)(1), (922)(g)(1), appealed the use of the U.S. Sentencing Guidelines Manual murder cross-reference section by the United States District Court for the Western …

U.S. v. Martinez, No. 02-10018-NG (D.Mass.) (234 F.Supp.2d 80) (December 12, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Martinez, No. 02-10018-NG (D.Mass.) (234 F.Supp.2d 80) (December 12, 2002) (Judge Nancy Gertner) by The defendant in this case was indicted on five counts involving the illegal distribution of the drug known as ecstasy. The caption of one of those counts described that offense as “distribution resulting in …

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith) by In this case, a jury convicted the defendant for carjacking and conspiracy to commit carjacking. After his sentencing, the defendant appealed and the Fifth Circuit vacated the carjacking sentence and remanded for …

U.S. v. Lopez, No. 99-4396 (6th Cir.) (309 F.3d 966) (October 29, 2002) (Judge Eugene E. Jr. Siler)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lopez, No. 99-4396 (6th Cir.) (309 F.3d 966) (October 29, 2002) (Judge Eugene E. Jr. Siler) by Where both defendants were convicted of conspiracy to distribute cocaine, defendants' claims, that their sentences violate Apprendi because the quantity of cocaine involved in the conspiracy was neither alleged in the …

U.S. v. Chase, No. 01-10198 (D.Mass.) (221 F.Supp.2d 209) (September 13, 2002) (Judge Nancy Gertner)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Chase, No. 01-10198 (D.Mass.) (221 F.Supp.2d 209) (September 13, 2002) (Judge Nancy Gertner) by The two defendants in this case, Erica Chase and Leo Felton, were charged, in a 12-count Indictment, with a number of crimes of violence that involved “white supremacist and [other] illegal activities.” They were …

Sandstrom v. Montana, No. 78-5384 (U.S. Supreme Court) (442 U.S. 510; 99 S.Ct. 2450) (June 18, 1979) (Justice Brennan)

Article • August 18, 2002

Filed under: Punch And Jurists, Burden of Proof

Sandstrom v. Montana, No. 78-5384 (U.S. Supreme Court) (442 U.S. 510; 99 S.Ct. 2450) (June 18, 1979) (Justice Brennan) by The petitioner was convicted of intentional homicide in violation of a Montana statute, based on a jury instruction that the law presumed that a person intended the ordinary consequences of …

U.S. v. Hurlich, No. 01-4068 (10th Cir.) (293 F.3d 1223) (June 21, 2002) (Judge Deanell R. Tacha)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Hurlich, No. 01-4068 (10th Cir.) (293 F.3d 1223) (June 21, 2002) (Judge Deanell R. Tacha) by In this appeal, the Court held, inter alia, that in sentencing for possession of a firearm by a convicted felon, 1) a vague, unsworn statement by an unidentified witness in a presentence …

Walton v. Arizona, No. 88-7351 (U.S. Supreme Court) (497 U.S. 639; 110 S.Ct. 3047) (June 27, 1990) (Justice White)

Article • June 25, 2002

Filed under: Punch And Jurists, Burden of Proof

Walton v. Arizona, No. 88-7351 (U.S. Supreme Court) (497 U.S. 639; 110 S.Ct. 3047) (June 27, 1990) (Justice White) by In this case, the Court was faced with a challenge to the "proportionality review" of a capital sentence - i.e., a comparison of the sentence imposed in the instant case …

Bracy v. Schomig, No. 99-4318 (7th Cir.) (286 F.3d 406) (March 29, 2002) (Judge Terrence T. Evans)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Burden of Proof

Bracy v. Schomig, No. 99-4318 (7th Cir.) (286 F.3d 406) (March 29, 2002) (Judge Terrence T. Evans) by The history of this case goes back more than 20 years; and for most of that time William Bracy and Roger Collins have been seeking to obtain relief from a death penalty …

U.S. v. Day, No. 00-56525 (9th Cir.) (285 F.3d 1167) (April 10, 2002) (Judge Alfred T. Goodwin)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Day, No. 00-56525 (9th Cir.) (285 F.3d 1167) (April 10, 2002) (Judge Alfred T. Goodwin) by Here, in a claim for denial of effective assistance of counsel, the Ninth Circuit held that the district court had erred in concluding that the defendant could not show prejudice by counsel's …