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Richardson v. Marsh, No. 85-1433 (U.S. Supreme Court) (481 U.S. 200; 107 S.Ct. 1702) (April 21, 1987) (Justice Scalia)

Article • December 9, 2000

Filed under: Punch And Jurists, Bruton Error

Richardson v. Marsh, No. 85-1433 (U.S. Supreme Court) (481 U.S. 200; 107 S.Ct. 1702) (April 21, 1987) (Justice Scalia) by In this case the Court somewhat limited the Bruton rule (established in Bruton v. U.S., 391 U.S. 123 (1968)) by holding that the Confrontation Clause is not violated by the …

U.S. v. Mezzanatto, No. 93-1340 (U.S. Supreme Court) (513 U.S. 196; 115 S.Ct. 797) (January 18, 1995) (Justice Thomas)

Article • October 29, 2000

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Mezzanatto, No. 93-1340 (U.S. Supreme Court) (513 U.S. 196; 115 S.Ct. 797) (January 18, 1995) (Justice Thomas) by Case held that the provisions of Fed.R.Crim.P. 11(e)(6) and Fed.R.Evid. 410 are "presumptively waivable" and thus could be waived for purposes of impeachment or rebuttal - but decision did not …

Hutto v. Ross, No. 75-1726 (U.S. Supreme Court) (429 U.S. 28; 97 S.Ct. 202) (November 1, 1976) (Per Curiam)

Article • October 3, 2000

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Hutto v. Ross, No. 75-1726 (U.S. Supreme Court) (429 U.S. 28; 97 S.Ct. 202) (November 1, 1976) (Per Curiam) by Here the Court held that respondent's confession was not per se inadmissible as being involuntary merely because it was made as a result of an agreed-upon but unexecuted plea bargain …

U.S. v. Santo, No. 99-1899 (1st Cir.) (225 F.3d 92) (September 15, 2000) (Judge Levin H. Campbell)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Santo, No. 99-1899 (1st Cir.) (225 F.3d 92) (September 15, 2000) (Judge Levin H. Campbell) by Here the Court held that a district court's understatement of the mimumum mandatory sentence at the plea colloquy violated the provisions of Rule 11(c)(1), rendered the plea involuntary, and affected the defemndant's …

U.S. v. Baird, No. 99-1305 (3rd Cir.) (218 F.3d 221) (June 26, 2000) (Judge Joseph F. Jr. Weis)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Baird, No. 99-1305 (3rd Cir.) (218 F.3d 221) (June 26, 2000) (Judge Joseph F. Jr. Weis) by This decision is noted for its detailed discussion of the scope and enforcement rights of a defendant under U.S.S.G. § 1B1.8. That provision, entitled “Use of Certain Information,” sets forth limits …

Harrison v. U.S., No. 876 (U.S. Supreme Court) (392 U.S. 219; 88 S.Ct. 2008) (June 10, 2068) (Justice Stewart)

Article • July 2, 2000

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Harrison v. U.S., No. 876 (U.S. Supreme Court) (392 U.S. 219; 88 S.Ct. 2008) (June 10, 2068) (Justice Stewart) by In allocating the burden of proof, the Court reasoned, "having 'released the spring' by using the petitioner's unlawfully obtained confessions against him, the Government must show that its illegal action …

Gray v. Maryland, No. 96-8653 (U.S. Supreme Court) (523 U.S. 185; 118 S.Ct. 1151) (February 9, 1998) (Justice Breyer)

Article • June 25, 2000

Filed under: Punch And Jurists, Bruton Error

Gray v. Maryland, No. 96-8653 (U.S. Supreme Court) (523 U.S. 185; 118 S.Ct. 1151) (February 9, 1998) (Justice Breyer) by Here the court held that confessions otherwise barred by the Bruton rule would not be permitted if they are redacted in a manner that leads the jury to easily draw …

U.S. v. Logan, No. 98-2839 (8th Cir.) (210 F.3d 820) (April 24, 2000) (Judge Morris Sheppard Arnold)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Bruton Error

U.S. v. Logan, No. 98-2839 (8th Cir.) (210 F.3d 820) (April 24, 2000) (Judge Morris Sheppard Arnold) by Here the en banc court granted a rehearing to determine whether the defendant was denied his constitutional rights under the Confrontation Clause when a nontestifying co-defendant's statement that he planned and committed …

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Delay/Lateness

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley) by In this case, the district court denied the defendant's motion to introduce expert testimony of the accuracy of eyewitness identification in part based on the defendant's alleged tardiness in seeking to introduce …

U.S. v. Ringis, No. CR 98-3016 (N.D.Iowa) (78 F.Supp.2d 905) (December 16, 1999) (Judge Mark W. Bennett)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Ringis, No. CR 98-3016 (N.D.Iowa) (78 F.Supp.2d 905) (December 16, 1999) (Judge Mark W. Bennett) by United States v. Ringis, 78 F.Supp.2d 905 (N.D.Iowa 1999) United States v. Clark, 79 F.Supp.2d 1066 (D.D.Iowa 1999) These two decisions, written by Judge Bennett (who is probably the country’s most prolific …

U.S. v. Clark, No. CR 99-3001-MWB (N.D.Iowa) (79 F.Supp.2d 1066) (December 23, 1999) (Judge Mark W. Bennett)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Clark, No. CR 99-3001-MWB (N.D.Iowa) (79 F.Supp.2d 1066) (December 23, 1999) (Judge Mark W. Bennett) by Here the Court granted a downward departure to a defendant who was prosecuted in a district where the policy of the U.S. Attorney was not to grant cooperating defendants any use immunity …

Morgan v. Krenke, No. 96-C-1176 (E.D.Wisc.) (72 F.Supp.2d 980) (November 9, 1999) (Judge Lynn S. Adelman)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Defense - Right to Present

Morgan v. Krenke, No. 96-C-1176 (E.D.Wisc.) (72 F.Supp.2d 980) (November 9, 1999) (Judge Lynn S. Adelman) by In this case Judge Adelman granted a writ of habeas corpus to a petitioner who had been denied the right to present expert psychiatric testimony regarding a post-traumatic stress disorder, which denied her …

U.S. v. Gonzales-Garcia, No. 1:98:CR:110 (W.D.Mich.) (73 F.Supp.2d 819) (July 13, 1999) (Judge Gordon J. Quist)

Article • January 1, 2000 • from P&J January, 2000

Filed under: Punch And Jurists, Bruton Error

U.S. v. Gonzales-Garcia, No. 1:98:CR:110 (W.D.Mich.) (73 F.Supp.2d 819) (July 13, 1999) (Judge Gordon J. Quist) by In holding that the redacted confession of a non-testifying codefendant could not be used against the defendant, the Court found two problems with the proposed redaction. "First, although the statement does not have …

U.S. v. Bradbury, No. 98-1556 (2nd Cir.) (189 F.3d 200) (August 16, 1999) (Judge James L. Oakes)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Bradbury, No. 98-1556 (2nd Cir.) (189 F.3d 200) (August 16, 1999) (Judge James L. Oakes) by Here the Court held that the district court erred by relying on immunized statements made pursuant to USSG § 1B1.8, even though the Government alleged the defendant had breached his earlier plea …

U.S. v. Gonzalez, No. 96-5303 (11th Cir.) (183 F.3d 1315) (August 13, 1999) (Judge Joel F. Dubina)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Bruton Error

U.S. v. Gonzalez, No. 96-5303 (11th Cir.) (183 F.3d 1315) (August 13, 1999) (Judge Joel F. Dubina) by The Court held that leaving the physical description in the redacted confession, which clearly matched on of the defendants, was a blatant violation of the rule announced in Bruton v. U.S., 391 …

U.S. v. Lombera-Camorlinga, No. 98-50347 (9th Cir.) (170 F.3d 1241) (March 25, 1999) (Judge Harry Pregerson)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Treaty Rights

U.S. v. Lombera-Camorlinga, No. 98-50347 (9th Cir.) (170 F.3d 1241) (March 25, 1999) (Judge Harry Pregerson) by This is a significant decision in which the Ninth Circuit unanimously held that statements to the authorities may be suppressed, and criminal convictions overturned, if foreigners arrested in the United States are not …

U.S. v. Lombera-Camorlinga, No. 98-50347 (9th Cir.) (170 F.3d 1241) (March 25, 1999) (Judge Harry Pregerson)

Article • May 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Treaty Rights

U.S. v. Lombera-Camorlinga, No. 98-50347 (9th Cir.) (170 F.3d 1241) (March 25, 1999) (Judge Harry Pregerson) by This is a significant decision in which the Ninth Circuit unanimously held that statements to the authorities may be suppressed, and criminal convictions overturned, if foreigners arrested in the United States are not …

U.S. v. Pelullo, No. 98-1527 (3rd Cir.) (173 F.3d 131) (March 18, 1999) (Judge Edward R. Becker)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Pelullo, No. 98-1527 (3rd Cir.) (173 F.3d 131) (March 18, 1999) (Judge Edward R. Becker) by On this fourth appeal from a RICO conviction, the Court held that the district court did not err in finding that the defendant's testimony at his first trial was not corrupted by …

U.S. v. Rucker, No. 97-CR-1146 (ILG) (E.D.N.Y.) (32 F.Supp.2d 545) (January 11, 1999) (Judge I. Leo Glasser)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Bruton Error

U.S. v. Rucker, No. 97-CR-1146 (ILG) (E.D.N.Y.) (32 F.Supp.2d 545) (January 11, 1999) (Judge I. Leo Glasser) by Court held that the admission into evidence of defendants' statements to law enforcement officers, which referred to some of the defendants by name, would not violate the Bruton rule since the statements …

U.S. v. Krilich, No. 97-2721 (7th Cir.) (159 F.3d 1020) (October 27, 1998) (Judge Frank H. Easterbrook)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Plea Discussions/Immunized Testimony - Use of

U.S. v. Krilich, No. 97-2721 (7th Cir.) (159 F.3d 1020) (October 27, 1998) (Judge Frank H. Easterbrook) by [Editor's Note: For another case in accord with this decision, see U.S. v. Burch, 156 F.3d 1315, 1320-22 (D.C. Cir. 1998). But see also U.S. v. Duffy, 133 F.Supp.2d 213, 216 (E.D.N.Y. …