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U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Palomares, No. 96-3587 (7th Cir.) (119 F.3d 556) (July 16, 1997) (Judge Harlington Jr. Wood) by

Marts v. Hines, No. 94-30513 (5th Cir.) (117 F.3d 1504) (July 18, 1997) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Dismissal

Marts v. Hines, No. 94-30513 (5th Cir.) (117 F.3d 1504) (July 18, 1997) (Judge Henry A. Politz) by At first glance it is surprising that this case generated sufficient interest to warrant an en banc hearing. After all it "only" involved an appeal by a prisoner from a district court's …

U.S. v. Paton, No. 96-1775 (8th Cir.) (110 F.3d 562) (April 3, 1997) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Paton, No. 96-1775 (8th Cir.) (110 F.3d 562) (April 3, 1997) (Judge Myron H. Bright) by In 1982, the defendant in this strange case was indicted and arrested for using the mails to transmit obscene materials in violation of 18 U.S.C. § 1461 and using minors to produce …

U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg) by This case dealt with the almost impossible to win issue of whether the indictment that was brought was legally sufficient; and while the majority's decision concluded, in a somewhat pedestrian manner, that …

U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Loayza, No. 95-5796 (4th Cir.) (107 F.3d 257) (February 25, 1997) (Judge Lacy H. Thornburg) by This case dealt with the almost impossible to win issue of whether the indictment that was brought was legally sufficient; and while the majority's decision concluded, in a somewhat pedestrian manner, that …

U.S. v. Alkhabaz, No. 95-1797 (6th Cir.) (104 F.3d 1492) (January 29, 1997) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Alkhabaz, No. 95-1797 (6th Cir.) (104 F.3d 1492) (January 29, 1997) (Judge Boyce F. Jr. Martin) by Court affirmed dismissal of indictment on grounds that communications via e-mail expressing sexual interest in violence against women did not constitute "communications containing a threat.". Over the strong dissent of Judge …

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Reyes, No. 95-20281 (5th Cir.) (102 F.3d 1361) (December 19, 1996) (Judge Fortunato P. Benavides) by The Court noted that the "primary purpose of [Rule 48(a)] is to prevent harassement of a defendant by charging, dismissing, and recharging withou placing a defendant in jeopardy." (Id., at 1367). It …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This is one of those massive, multi-defendant, multi-count drug cases that involves a ton of issues - every single one of which was rejected by the Eleventh Circuit. Among the more interesting …

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Brazel, No. 93-2951 (11th Cir.) (102 F.3d 1120) (January 6, 1997) (Judge Levin H. Campbell) by This multi-issue case noted, inter alia, for its approval of Government motion to dismiss certain charges late in trial without defendant's consent - and after it had presented evidence of those crimes …

U.S. v. Alvarez-Machain, No. 90-50459 (9th Cir.) (946 F.2d 1466) (October 18, 1991) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Dismissal

U.S. v. Alvarez-Machain, No. 90-50459 (9th Cir.) (946 F.2d 1466) (October 18, 1991) (Per Curiam) by The government challenged the judgment of the District Court for the Central District of California, which dismissed its indictment and determined that defendant, who was a Mexican national, was forcibly seized and brought to …

U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall)

Article • January 1, 1994

Filed under: Punch And Jurists, Dismissal

U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall) by Here the Court held that if the first indictment is dismissed without prejudice on the government's motion, the statutory time limit is merely suspended until a new indictment is returned; the 70-day …