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U.S. v. Arnett, No. 00-10170 (9th Cir.) (353 F.3d 765) (December 24, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Arnett, No. 00-10170 (9th Cir.) (353 F.3d 765) (December 24, 2003) (Per Curiam) by Here, just before oral argument, the Government confessed error on the collateral estoppel issue before the en banc court, which obviated the appeal from the decision reported at 327 F.3d 845 (9th Cir. 2003), …

U.S. v. Frazier, No. 01-14680 (11th Cir.) (322 F.3d 1262) (February 26, 2003) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Frazier, No. 01-14680 (11th Cir.) (322 F.3d 1262) (February 26, 2003) (Judge Stanley F. Jr. Birch) by The defendant in this case was convicted of kidnapping in violation of 18 U.S.C.S. § 1201(a)(1), and accused of sexually assaulting his 18-year-old victim. On appeal, defendant contested the District Court's …

Singleton v. Norris, No. 02-10605 (U.S. Supreme Court) (540 U.S. 832; 124 S.Ct. 74) (October 6, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Singleton v. Norris, No. 02-10605 (U.S. Supreme Court) (540 U.S. 832; 124 S.Ct. 74) (October 6, 2003) (Per Curiam) by In 1979, Charles Singleton, an African-American, killed Mary Lou York, an elderly white grocery clerk. He was tried, convicted and sentenced to death for that crime later that same year; …

Ashe v. Swenson, No. 57 (U.S. Supreme Court) (397 U.S. 436; 90 S.Ct. 1189) (April 6, 1970) (Justice Stewart)

Article • May 13, 2003

Filed under: Punch And Jurists, Collateral Estoppel

Ashe v. Swenson, No. 57 (U.S. Supreme Court) (397 U.S. 436; 90 S.Ct. 1189) (April 6, 1970) (Justice Stewart) by This case arose out of an armed robbery of six men, who were playing poker at the time of the robbery. Bob Ashe was charged with the robbery of one …

U.S. v. Ruhbayan, No. 02-4331 (4th Cir.) (325 F.3d 197) (April 7, 2003) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Ruhbayan, No. 02-4331 (4th Cir.) (325 F.3d 197) (April 7, 2003) (Judge Robert Bruce King) by Defendant appealed from the decision of the United States District Court for the Eastern District of Virginia, at Norfolk, which refused to dismiss charges of perjury and subornation of perjury. Defendant maintained …

U.S. v. Arnett, No. 00-10170 (9th Cir.) (327 F.3d 845) (April 24, 2003) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Arnett, No. 00-10170 (9th Cir.) (327 F.3d 845) (April 24, 2003) (Judge Richard C. Tallman) by Timothy Arnett was arrested after robbing a bank in Medford, OR. He then confessed to several additional bank robberies in California. He was eventually indicted in both Oregon and California on a …

U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Mehta, No. CRIM.01-10180-NG (D.Mass.) (236 F.Supp.2d 150) (December 31, 2002) (Judge Nancy Gertner) by The defendant in this case was charged with tax evasion and mail fraud. The indictment alleged that defendant understated his business' gross sales in his tax filings for three years, and in his weekly …

Miranda v. Clark County, No. 00-15734 (9th Cir.) (319 F.3d 465) (February 3, 2003) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Miranda v. Clark County, No. 00-15734 (9th Cir.) (319 F.3d 465) (February 3, 2003) (Judge Mary M. Schroeder) by In a decision with potential far-reaching impact, a divided en banc court held that the public defender's office may be held accountable for damages under § 1983 for policies that lead …

Singleton v. Norris, No. 00-1492 (8th Cir.) (319 F.3d 1018) (February 10, 2003) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Singleton v. Norris, No. 00-1492 (8th Cir.) (319 F.3d 1018) (February 10, 2003) (Judge Roger L. Wollman) by Here, by a vote of 6 to 5, the Court held that the Constitution's prohibition against cruel and unusual punishment would not be violated if prison authorities forcibly administered antipsychotic drugs to …

Godfrey v. Georgia, No. 78-6899 (U.S. Supreme Court) (446 U.S. 420; 100 S.Ct. 1759) (May 19, 1980) (Justice Stewart)

Article • November 24, 2002

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Godfrey v. Georgia, No. 78-6899 (U.S. Supreme Court) (446 U.S. 420; 100 S.Ct. 1759) (May 19, 1980) (Justice Stewart) by In this case, the Supreme Court addressed the constitutionality of a mental depravity instruction given to a jury in a capital murder case. The petitioner, Robert Franklin Godfrey, was sentenced …

Valerio v. Crawford, No. 98-99033 (9th Cir.) (306 F.3d 742) (September 17, 2002) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Valerio v. Crawford, No. 98-99033 (9th Cir.) (306 F.3d 742) (September 17, 2002) (Judge William A. Fletcher) by A depravity of mind, aggravating circumstances jury instruction at a capital penalty phase was unconstitutional, and error was not cured under Walton v. Arizona, 497 U.S. 639, a procedure unavailable after a …

U.S. v. Cravens, No. 01-2409 (7th Cir.) (275 F.3d 637) (December 27, 2001) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Cravens, No. 01-2409 (7th Cir.) (275 F.3d 637) (December 27, 2001) (Judge Daniel A. Manion) by In this case, the Court held that a defendant with an extensive criminal history, and who admitted guilt during a plea, is not eligible for a downward departure, under Section 5K2.13(1), (2) …

Schiro v. Farley, No. 92-7549 (U.S. Supreme Court) (510 U.S. 222; 114 S.Ct. 783) (January 19, 1994) (Justice O'Connor)

Article • September 11, 2002

Filed under: Punch And Jurists, Collateral Estoppel

Schiro v. Farley, No. 92-7549 (U.S. Supreme Court) (510 U.S. 222; 114 S.Ct. 783) (January 19, 1994) (Justice O'Connor) by Here the Court held that collateral estoppel means simply that when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again …

U.S. v. Moncivais, No. Crim. No. L-00-1333-S (S.D.Tex.) (213 F.Supp.2d 704) (November 2, 2001) (Judge George P. Kazen)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Moncivais, No. Crim. No. L-00-1333-S (S.D.Tex.) (213 F.Supp.2d 704) (November 2, 2001) (Judge George P. Kazen) by After a jury in another state acquitted the defendant of, inter alia, conspiracy to possess and distribute about 1,221 pounds of marijuana, defendant was charged with conspiracy to possess with intent …

U.S. v. U.S. Currency in the Amount of $119.984, More or Less, No. 01-6077 (2nd Cir.) (304 F.3d 165) (September 5, 2002) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. U.S. Currency in the Amount of $119.984, More or Less, No. 01-6077 (2nd Cir.) (304 F.3d 165) (September 5, 2002) (Judge Chester J. Straub) by Here the Court held that a finding made by a sentencing court that the source and proposed use of funds seized by the …

U.S. v. Pineda-Torres, No. 01-50133 (9th Cir.) (287 F.3d 860) (April 23, 2002) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Pineda-Torres, No. 01-50133 (9th Cir.) (287 F.3d 860) (April 23, 2002) (Judge Stephen Reinhardt) by The defendant in this case appealed his convictions for importation of marijuana and for possession of marijuana with intent to distribute on the grounds that the district court had abused its discretion by …

U.S. v. Sell, No. 01-1862 (8th Cir.) (282 F.3d 560) (March 7, 2002) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Sell, No. 01-1862 (8th Cir.) (282 F.3d 560) (March 7, 2002) (Judge Gerald W. Heaney) by Here, a divided panel held, as a matter of first impression, that the Government could, subject to certain limitations, forcibly administer antipsychotic drugs to a pretrial detainee for the purpose of rendering …

Miranda v. Clark County, No. 00-15734 (9th Cir.) (279 F.3d 1102) (February 8, 2002) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Miranda v. Clark County, No. 00-15734 (9th Cir.) (279 F.3d 1102) (February 8, 2002) (Judge Stephen S. Trott) by In a decision that was subsequently reversed by a divided en banc court, the panel held that an indigent defendant may not resort to a civil rights suit under 42 USC …

Singleton v. Norris, No. 00-1492 (8th Cir.) (267 F.3d 859) (October 12, 2001) (Judge Gerald W. Heaney)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Singleton v. Norris, No. 00-1492 (8th Cir.) (267 F.3d 859) (October 12, 2001) (Judge Gerald W. Heaney) by The petitioner in this case, a black male, was convicted in an Arkansas state court in 1979 of the capital felony murder of a white female. After he was sentenced to death, …

Purdy v. Zeldes, No. 2:00-CV-390 (D.Vt.) (166 F.3d 935) (September 21, 2001) (Judge William K. III Sessions)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Effective Assistance of Counsel

Purdy v. Zeldes, No. 2:00-CV-390 (D.Vt.) (166 F.3d 935) (September 21, 2001) (Judge William K. III Sessions) by The plaintiff in this case, John M. Purdy, sued his criminal defense attorney, Jacob D. Zeldes, for malpractice, breach of fiduciary duty, and misrepresentation arising from Zeldes’ alleged inadequate representation of Purdy …