Search | Punch and Jurists

U.S. v. Wingerter, No. 1:04CR421 (E.D.Va.) (369 F.Supp.2d 799) (May 17, 2005) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

U.S. v. Wingerter, No. 1:04CR421 (E.D.Va.) (369 F.Supp.2d 799) (May 17, 2005) (Judge Thomas Selby III Ellis) by U.S. v. Razmilovic, 419 F.3d 134 (2nd Cir. 08/17/05) (Judge Winter) U.S. v. Wingerter, 369 F.Supp.2d 799 (E.D.Va. 2005) (Judge Ellis) Both of these cases address the extraordinary remedy of a pretrial …

U.S. v. Davis, No. 04-50030 (9th Cir.) (410 F.3d 1122) (June 9, 2005) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Davis, No. 04-50030 (9th Cir.) (410 F.3d 1122) (June 9, 2005) (Judge Charles R. Breyer) by Here the Court held that a defendant may demonstrate a “fair and just reason” for withdrawing his guilty plea under Rule 11(d)(2)(B) by showing that his attorney’s “gross mischaracterization” of his likely …

U.S. v. Herrera, No. 04-50633 (5th Cir.) (412 F.3d 577) (June 10, 2005) (Judge Edward C. Prado)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Herrera, No. 04-50633 (5th Cir.) (412 F.3d 577) (June 10, 2005) (Judge Edward C. Prado) by U.S. v. Herrera, 412 F.3d 577 (5th Cir. 06/10/05) (Judge Prado) U.S. v. Davis, 410 F.3d 1122 (9th Cir. 06/09/05) (Judge Breyer) Both of these cases consider an important and frequently recurring …

U.S. v. Manuel Ramos, No. 03 Cr. 724(GEL) (S.D.N.Y.) (350 F.Supp.2d 413) (June 30, 2004) (Judge Gerard E. Lynch)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Manuel Ramos, No. 03 Cr. 724(GEL) (S.D.N.Y.) (350 F.Supp.2d 413) (June 30, 2004) (Judge Gerard E. Lynch) by In a death penalty case, the government moved to disqualify an attorney (Valerie S. Amsterdam of New York) appointed as lead defense counsel over defendant's explicit objection, following the attorney's …

U.S. v. Clark, No. 04-CR-123 (E.D.Wisc.) (333 F.Supp.2d 789) (August 21, 2004) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Clark, No. 04-CR-123 (E.D.Wisc.) (333 F.Supp.2d 789) (August 21, 2004) (Judge Lynn S. Adelman) by In this decision, Judge Adelman examined in detail the scope of 18 U.S.C. § 207(a), a provision that permanently restricts former officers and employees of the executive and legislative branches from undertaking work …

U.S. v. Grammas, No. 03-50310 (5th Cir.) (371 F.3d 281) (May 21, 2004) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Grammas, No. 03-50310 (5th Cir.) (371 F.3d 281) (May 21, 2004) (Judge Edith Brown Clement) by Petitioner inmate was convicted of knowingly altering a vehicle identification number, and possession of a firearm by a previously convicted felon. The United States District Court for the Western District of Texas …

Steele v. Murphy, No. 02-2213 (1st Cir.) (365 F.3d 14) (April 12, 2004) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Collateral and Direct Consequences

Steele v. Murphy, No. 02-2213 (1st Cir.) (365 F.3d 14) (April 12, 2004) (Judge Juan R. Torruella) by Petitioner inmate appealed a judgment of the United States District Court for the District of Massachusetts, which denied his petition for a writ of habeas corpus. Two years after the inmate pleaded …

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (350 F.3d 861) (November 20, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Strickland Standard

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (350 F.3d 861) (November 20, 2003) (Judge Stephen Reinhardt) by The petitioner in this case, who was convicted of capital murder and sentenced to death in state court, sought a federal writ of habeas corpus from the United States District Court for the …

U.S. v. Conley, No. 02-20889 (5th Cir.) (349 F.3d 837) (October 30, 2003) (Judge E. Grady Jolly)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Conley, No. 02-20889 (5th Cir.) (349 F.3d 837) (October 30, 2003) (Judge E. Grady Jolly) by In this case the defendant challenged the decision entered by the District Court for the Southern District of Texas that convicted him of conspiracy and mail fraud, and sentenced him to 121 …

U.S. v. Armaza, No. 03 CR, 61(JGK) (S.D.N.Y.) (280 F.Supp.2d 174) (September 4, 2003) (Judge John G. Koeltl)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Armaza, No. 03 CR, 61(JGK) (S.D.N.Y.) (280 F.Supp.2d 174) (September 4, 2003) (Judge John G. Koeltl) by In this case, the Government sought to disqualify Stacey Richman of the Law Offices of Murray Richman from representing the defendant, Gustavo Armaza, in his criminal case. It’s case against Armaza …

Kimmelman v. Morrison, No. 84-1661 (U.S. Supreme Court) (477 U.S. 365; 106 S.Ct. 2574) (June 26, 1986) (Justice Brennan)

Article • October 17, 2003

Filed under: Punch And Jurists, Strickland Standard

Kimmelman v. Morrison, No. 84-1661 (U.S. Supreme Court) (477 U.S. 365; 106 S.Ct. 2574) (June 26, 1986) (Justice Brennan) by The respondent in this case, Neil Morrison, was convicted of raping a 15-year-old girl. Morrison's counsel objected to the introduction of a bed sheet that had semen on it and …

Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson) by In 1995, a Federal grand jury charged Eddie D. Smith, then a prison guard at the Federal Medical Center in Lexington, KY (“FMC”), with eight counts of sexual misconduct against four different …

Yarborough v. Gentry, No. 02-1597 (U.S. Supreme Court) (540 U.S. 1; 124 S.Ct. 1) (October 20, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Strickland Standard

Yarborough v. Gentry, No. 02-1597 (U.S. Supreme Court) (540 U.S. 1; 124 S.Ct. 1) (October 20, 2003) (Per Curiam) by Here the Court summarily reversed a Ninth Circuit decision that had granted habeas relief to a death row inmate on the grounds that his counsel had been per se ineffective …

Paine v. Massie, No. 01-6437 (10th Cir.) (339 F.3d 1194) (August 11, 2003) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Battered Child/Spouse Evidence

Paine v. Massie, No. 01-6437 (10th Cir.) (339 F.3d 1194) (August 11, 2003) (Judge Paul J. Jr. Kelly) by Here the Court held that the failure of defense counsel to offer any expert testimony regarding battered woman syndrome to support the petitioner’s claim of self-defense constituted ineffective assistance of counsel …

U.S. v. Leibach, No. 01-4186 (7th Cir.) (347 F.3d 219) (October 14, 2003) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Leibach, No. 01-4186 (7th Cir.) (347 F.3d 219) (October 14, 2003) (Judge Ilana Diamond Rovner) by In this case, involving a habeas claim from a sexual assault and aggravated battery conviction, the Seventh Circuit held that trial counsel was constitutionally ineffective for failing to investigate and interview exculpatory …

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (335 F.3d 1024) (July 15, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Strickland Standard

Belmontes v. Woodford, No. 01-99018 (9th Cir.) (335 F.3d 1024) (July 15, 2003) (Judge Stephen Reinhardt) by Petitioner state prisoner was convicted of first degree murder in state court and was sentenced to death. The United States District Court for the Eastern District of California denied his petition for writ …

Wiggins v.Smith, No. 02-311 (U.S. Supreme Court) (539 U.S. 510; 123 S.Ct. 2527) (June 26, 2003) (Justice O'Connor)

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

Filed under: Punch And Jurists, Failure to Consult/Investigate/Raise

Wiggins v.Smith, No. 02-311 (U.S. Supreme Court) (539 U.S. 510; 123 S.Ct. 2527) (June 26, 2003) (Justice O'Connor) by The petitioner in this case, Kevin Wiggins, who was once diagnosed as “borderline mentally retarded,” was convicted in 1989 of the murder of a 77 year-old woman who was found drowned …

Houston v. Lack, No. 87-5428 (U.S. Supreme Court) (487 U.S. 266; 108 S.Ct. 2379) (June 24, 1988) (Justice Brennan)

Article • May 5, 2003

Filed under: Punch And Jurists, Pro Se Issues

Houston v. Lack, No. 87-5428 (U.S. Supreme Court) (487 U.S. 266; 108 S.Ct. 2379) (June 24, 1988) (Justice Brennan) by Case held that under Fed.R.App.P. 4(a)(1) a pro se prisoner's notice of appeal is deemed filed at the moment of delivery to prison authorities for forwarding to the district court. …

Griffin v. U.S., No. 01-3818 (6th Cir.) (330 F.3d 733) (June 4, 2003) (Judge Avern Levin Cohn)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Griffin v. U.S., No. 01-3818 (6th Cir.) (330 F.3d 733) (June 4, 2003) (Judge Avern Levin Cohn) by The petitioner-inmate petitioned for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2255, challenging his conviction for distribution of cocaine base. After the District Court denied the petition, the inmate …

U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins) by Here the Court became the first Circuit to hold that a viable ineffective assistance claim can arise through counsel's alleged failure to effectively assist a defendant in cooperating with the government during …