Search | Punch and Jurists

Landon v. Plasencia, No. 81-129 (U.S. Supreme Court) (459 U.S. 21; 103 S.Ct. 321) (November 15, 1982) (Justice O'Connor)

Article • June 21, 2000

Filed under: Punch And Jurists, Immigration Hearings

Landon v. Plasencia, No. 81-129 (U.S. Supreme Court) (459 U.S. 21; 103 S.Ct. 321) (November 15, 1982) (Justice O'Connor) by The Court held that both "the language and history of the Act thus clearly reflect a congressional intent that, whether or not the alien is a permanent resident, admissibility shall …

Escobar-Grijalva v. I.N.S., No. 98-71469 (9th Cir.) (206 F.3d 1331) (March 24, 2000) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Immigration Hearings

Escobar-Grijalva v. I.N.S., No. 98-71469 (9th Cir.) (206 F.3d 1331) (March 24, 2000) (Judge John T. Jr. Noonan) by This is an astonishing case - not just because of the actions of the Immigration Judge (IJ) in denying the petitioner her statutory right to counsel (pursuant to 8 U.S.C. § …

U.S. v. Smith, No. Crim.A. G-99-5 (S.D.Tex.) (76 F.Supp.2d 767) (December 6, 1999) (Judge Samuel B. Kent)

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

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

U.S. v. Smith, No. Crim.A. G-99-5 (S.D.Tex.) (76 F.Supp.2d 767) (December 6, 1999) (Judge Samuel B. Kent) by Judge Kent from Texas rejected a portion of attorney's request for compensation under the Criminal Justice Act after concluding that the CJA does not permit compensation of attorneys for time and expenses …

U.S. v. 87 Blackheath Road, No. 99-6049 (2nd Cir.) (201 F.3d 98) (January 31, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

U.S. v. 87 Blackheath Road, No. 99-6049 (2nd Cir.) (201 F.3d 98) (January 31, 2000) (Per Curiam) by Here the Court held that a claimant had no Sixth Amendment right to counsel to challenge a civil forfeiture, and thus had no entitlement to the appointment of CJA counsel for such …

Lakin v. Stine, No. 96-75828 (E.D.Mich.) (44 F.Supp.2d 897) (April 8, 1999) (Judge Arthur Tarnow)

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

Filed under: Punch And Jurists, Counsel - Constructive denial of

Lakin v. Stine, No. 96-75828 (E.D.Mich.) (44 F.Supp.2d 897) (April 8, 1999) (Judge Arthur Tarnow) by Case held that the petitioner, who was accused of assaulting a prison guard, was constructively denied his right to counsel when forced to meet with counsel in the presence of prison guards - a …

U.S. v. Universal Rehabilitation Services, No. 97-1412 (3rd Cir.) (167 F.3d 171) (February 11, 1999) (Judge Jane R. Roth)

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

Filed under: Punch And Jurists, Confessions - Admissibility

U.S. v. Universal Rehabilitation Services, No. 97-1412 (3rd Cir.) (167 F.3d 171) (February 11, 1999) (Judge Jane R. Roth) by This complex Medicare fraud case is noted for its reversal of two convictions based on the fact that the district court (Judge Kelly) had improperly denied a defense motion to …

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Confessions - Admissibility

U.S. v. Maliszewski, No. 95-1817 (6th Cir.) (161 F.3d 992) (December 8, 1998) (Judge James L. Ryan) by One of the many issues raised in this multi-issue appeal was whether the district court (Judge Cleland) had committed reversible error when he advised the jurors during voir dire that some of …

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Offense Specific Nature

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz) by Case explores in depth the differences between the Fifth and Sixth Amendments separate rights to counsel.

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Offense Specific Nature

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz) by This case deals with the general topic of the admissibility of incriminating statements made by an accused after he is in custody and when his counsel is not present. Most of the …

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Offense Specific Nature

U.S. v. Melgar, No. 96-4582 (4th Cir.) (139 F.3d 1005) (April 8, 1998) (Judge Diana Gribbon Motz) by Case explores in depth the differences between the Fifth and Sixth Amendments separate rights to counsel.

LaFontant v. I.N.S., No. 96-1310 (D.C. Cir.) (135 F.3d 158) (February 10, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Immigration Hearings

LaFontant v. I.N.S., No. 96-1310 (D.C. Cir.) (135 F.3d 158) (February 10, 1998) (Judge Patricia M. Wald) by Case held that § 440(a) of the AEDPA, which divests courts of appeals of jurisdiction to review certain deportation orders was not impermissibly retroactive.

U.S. v. Moore, No. 97-1522 (8th Cir.) (122 F.3d 1154) (September 10, 1997) (Judge Morris Sheppard Arnold)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Summons/Complaint/Cross Complaint

U.S. v. Moore, No. 97-1522 (8th Cir.) (122 F.3d 1154) (September 10, 1997) (Judge Morris Sheppard Arnold) by No right to counsel upon filing of criminal complaint.

U.S. v. Viltrakis, No. 96-10054 (9th Cir.) (108 F.3d 1159) (March 12, 1997) (Judge Paul H. Roney)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

U.S. v. Viltrakis, No. 96-10054 (9th Cir.) (108 F.3d 1159) (March 12, 1997) (Judge Paul H. Roney) by Here the Court affirmed the district court's ruling granting defense witnesses only a small portion of the witness fees they requested, largely on the basis that defendant lacked standing to appeal the …

U.S. v. McVeigh, No. 96-CR-68-M (D.Colo.) (954 F.Supp. 1441) (January 28, 1997) (Judge Richard P. Matsch)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Indigent Defendants - Fees and Expenses

U.S. v. McVeigh, No. 96-CR-68-M (D.Colo.) (954 F.Supp. 1441) (January 28, 1997) (Judge Richard P. Matsch) by United States v. Viltrakis, 108 F.3d 1159 (9th Cir. 1997) (Judge Roney) United States v. McVeigh, 954 F.Supp. 1441 (D.Colo. 1997) (Judge Matsch) These two cases address another recurrent and fulminic issue: Does …

Childress v. Johnson, No. 95-20865 (5th Cir.) (103 F.3d 1221) (January 10, 1997) (Judge Fortunato P. Benavides)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Counsel - Constructive denial of

Childress v. Johnson, No. 95-20865 (5th Cir.) (103 F.3d 1221) (January 10, 1997) (Judge Fortunato P. Benavides) by This case presents an important analysis of the significant distinction between claims of ineffective assistance of counsel and claims where a defendant argues that he was construtively denied any counsel at all …

Kolster v. I.N.S., No. 96-1194 (1st Cir.) (101 F.3d 785) (December 4, 1996) (Judge Sandra L. Lynch)

Article • January 1, 1997 • from P&J January, 1997

Filed under: Punch And Jurists, Immigration Hearings

Kolster v. I.N.S., No. 96-1194 (1st Cir.) (101 F.3d 785) (December 4, 1996) (Judge Sandra L. Lynch) by This case deals with a now-familiar, recurring topic - namely, what is the effective date of the various sections of the labyrinthine and far-reaching Antiterrorism and Effective Death Penalty Act (AEPDA), which …

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Sentence and Judgement

U.S. v. Burke, No. 95-2675 (8th Cir.) (80 F.3d 314) (April 8, 1996) (Judge James B. Loken) by This is a rare case in which a sentence is vacated because the district court failed to make an appropriate finding required by Rule 32(b) with respect to facts contained in the …

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour)

Article • May 1, 1996 • from P&J May, 1996

Filed under: Punch And Jurists, Sentence and Judgement

U.S. v. Jones, No. 94-6463 (10th Cir.) (80 F.3d 436) (April 4, 1996) (Judge Stephanie K. Seymour) by Case held that a defendant automatically waives any claim to the lateness of receipt of PSI Report by attending sentencing hearing. Although Rule 32(b)(6)(A) states that a defendant must receive his presentence …

Shillinger v. Haworth, No. 94-8062 (10th Cir.) (70 F.3d 1132) (November 17, 1995) (Judge Robert H. Henry)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Counsel - Constructive denial of

Shillinger v. Haworth, No. 94-8062 (10th Cir.) (70 F.3d 1132) (November 17, 1995) (Judge Robert H. Henry) by Here the Court reversed a conviction because of a prosecutorial intrusion into the defendant's attorney-client relationship which constituted a per se violation of his Sixth Amendment rights to counsel. In this case …

U.S. v. Gaev, No. 93-1643 (3rd Cir.) (24 F.3d 473) (April 29, 1994) (Judge Anthony J. Scirica)

Article • January 1, 1994

Filed under: Punch And Jurists, Confessions - Admissibility

U.S. v. Gaev, No. 93-1643 (3rd Cir.) (24 F.3d 473) (April 29, 1994) (Judge Anthony J. Scirica) by Here, listing examples, the Court held that while a guilty plea cannot be used to establish a co-conspirator's guilt, it can be introduced for some valid purposes. Citing U.S. v. Gambino, 926 …