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Michelson v. U.S., No. 23 (U.S. Supreme Court) (335 U.S. 469; 69 S.Ct. 213) (December 20, 2048) (Justice Jackson)

Article • January 12, 2007

Filed under: Punch And Jurists, Character/Reputation/Propensity

Michelson v. U.S., No. 23 (U.S. Supreme Court) (335 U.S. 469; 69 S.Ct. 213) (December 20, 2048) (Justice Jackson) by The defendant in this case was convicted of bribing a federal revenue agent. At trial on cross-examination of his character witnesses, the prosecutor asked the witnesses if they had ever …

U.S. v. Scala, No. 04 Crim. 0070 (LAK) (S.D.N.Y.) (439 F.Supp.2d 278) (June 13, 2006) (Judge Lewis A. Kaplan)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Scala, No. 04 Crim. 0070 (LAK) (S.D.N.Y.) (439 F.Supp.2d 278) (June 13, 2006) (Judge Lewis A. Kaplan) by In this case, the Government served a subpoena on defense counsel, seeking the production of records relating to the source and amounts of payments for “legal, investigative and other fees …

U.S. v. Cunningham, No. 05-1515 (7th Cir.) (462 F.3d 708) (August 29, 2006) (Judge Michael S. Kanne)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Cunningham, No. 05-1515 (7th Cir.) (462 F.3d 708) (August 29, 2006) (Judge Michael S. Kanne) by After a jury trial, the three defendants in this case were convicted of various drug charges; and they were sentenced, respectively, to life imprisonment, 420 months and 300 months in prison. On …

Singletary v. Reilly, No. 04-7013 (D.C. Cir.) (452 F.3d 868) (July 7, 2006) (Judge Janice Rogers Brown)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Hearsay Evidence

Singletary v. Reilly, No. 04-7013 (D.C. Cir.) (452 F.3d 868) (July 7, 2006) (Judge Janice Rogers Brown) by In this decision, her first major criminal decision since her appointment to the D.C. Circuit last summer, Judge Janice Rogers Brown has probably surprised a lot of people. Her contentious, controversial and …

Hudson v. Michigan, No. 04-1360 (U.S. Supreme Court) (547 U.S. 586; 126 S.Ct. 2159) (June 15, 2006) (Justice Scalia)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Exclusionary Rule

Hudson v. Michigan, No. 04-1360 (U.S. Supreme Court) (547 U.S. 586; 126 S.Ct. 2159) (June 15, 2006) (Justice Scalia) by In this case, a sharply divided Supreme Court held that evidence seized by police officers in violation of the venerable “knock-and-announce” rule can be used at trial despite the constitutional …

Lockett v. Ohio, No. 74-6257 (U.S. Supreme Court) (438 U.S. 586; 98 S.Ct. 2954) (July 3, 1978) (Justice Burger)

Article • October 20, 2005

Filed under: Punch And Jurists, Jury Views

Lockett v. Ohio, No. 74-6257 (U.S. Supreme Court) (438 U.S. 586; 98 S.Ct. 2954) (July 3, 1978) (Justice Burger) by In this case the Court was presented with the issue of whether Ohio "violated the Eighth and Fourteenth Amendments by sentencing Sandra Lockett to death pursuant to a statute that …

Arizona v. Evans, No. 93-1660 (U.S. Supreme Court) (514 U.S. 1; 115 S.Ct. 1185) (March 1, 1995) (Justice Rehnquist)

Article • October 9, 2005

Filed under: Punch And Jurists, Exclusionary Rule

Arizona v. Evans, No. 93-1660 (U.S. Supreme Court) (514 U.S. 1; 115 S.Ct. 1185) (March 1, 1995) (Justice Rehnquist) by This case established an exception to the exclusionary rule where law enforcement officers rely on police records that contain erroneous information resulting from clerical errors of court employees. In this …

U.S. v. Ramirez, No. 405CR3034 (D.Neb.) (383 F.Supp.2d 1179) (August 19, 2005) (Judge Richard G. Kopf)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Ramirez, No. 405CR3034 (D.Neb.) (383 F.Supp.2d 1179) (August 19, 2005) (Judge Richard G. Kopf) by The defendant in this case was charged with drug crimes after drugs were discovered in the car in which he was a passenger. He moved to introduce the testimony of a “well-credentialed sociologist” …

Darden v. Wainwright, No. 85-5319 (U.S. Supreme Court) (477 U.S. 168; 106 S.Ct. 2464) (June 23, 1986) (Justice Powell)

Article • September 4, 2005

Filed under: Punch And Jurists, Summation

Darden v. Wainwright, No. 85-5319 (U.S. Supreme Court) (477 U.S. 168; 106 S.Ct. 2464) (June 23, 1986) (Justice Powell) by Here the Court established that the standard for determining whether a prosecutor's misconduct during closing argument requires reversal is whether the statements so infected the trial with unfairness as to …

U.S. v. Yakobowicz, No. 04-0201-cr (2nd Cir.) (427 F.3d 144) (October 14, 2005) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Summation

U.S. v. Yakobowicz, No. 04-0201-cr (2nd Cir.) (427 F.3d 144) (October 14, 2005) (Judge Ralph K. Jr. Winter) by Here a divided panel from the Second Circuit overturned a defendant's conviction for filing false excise tax returns after concluding that the district court had acted inappropriately in allowing argumentative summations …

Mapp v. Ohio, No. 236 (U.S. Supreme Court) (367 U.S. 643; 81 S.Ct. 1684) (June 19, 2061) (Justice Clark)

Article • August 27, 2005

Filed under: Punch And Jurists, Exclusionary Rule

Mapp v. Ohio, No. 236 (U.S. Supreme Court) (367 U.S. 643; 81 S.Ct. 1684) (June 19, 2061) (Justice Clark) by Here the Supreme Court extended the application of the exclusionary rule to State prosecutions. In Weeks v. U.S., 232 U.S. 383 (1914), the Court first articulated the exclusionary rule under …

U.S. v. Felton, No. 03-1441 (1st Cir.) (417 F.3d 97) (July 29, 2005) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Felton, No. 03-1441 (1st Cir.) (417 F.3d 97) (July 29, 2005) (Judge Michael Boudin) by Here the Court refused to grant any relief based on the prosecution's repeated use of the word “terrorist” to describe the defendants and their actions at trial - even though the defendants were …

U.S. v. Lawson, No. 04-3067 (D.C. Cir.) (410 F.3d 735) (June 10, 2005) (Judge John G. Roberts)

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

Filed under: Punch And Jurists, Identification Evidence and Testimony

U.S. v. Lawson, No. 04-3067 (D.C. Cir.) (410 F.3d 735) (June 10, 2005) (Judge John G. Roberts) by The defendant in this case was convicted at trial of aggravated bank robbery and brandishing a firearm during a crime of violence; and he appealed from several rulings of the district court …

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 786) (June 9, 2005) (Judge William K. III Sessions)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (372 F.Supp.2d 786) (June 9, 2005) (Judge William K. III Sessions) by Defendant, who was on trial for capital murder, challenged a juror for cause, arguing that the juror was not able to fairly consider certain kinds of mitigating evidence and impartially weigh expert …

U.S. v. Krueger, No. 04-2539 (7th Cir.) (415 F.3d 766) (July 28, 2005) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Evidence - Admissibility

U.S. v. Krueger, No. 04-2539 (7th Cir.) (415 F.3d 766) (July 28, 2005) (Judge Ilana Diamond Rovner) by

U.S. v. Seifert, No. 04-CR-113 JMR (D.Minn.) (351 F.Supp.2d 926) (January 7, 2005) (Judge James M. Rosenbaum)

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

Filed under: Punch And Jurists, Best Evidence Rule

U.S. v. Seifert, No. 04-CR-113 JMR (D.Minn.) (351 F.Supp.2d 926) (January 7, 2005) (Judge James M. Rosenbaum) by Here Judge Rosenbaum denied the defendant’s motion to exclude a digitally-converted and -enhanced surveillance videotape under the “best evidence rule” contained in Fed.R.Evid. 1002. After a hearing, he concluded that the duplicate …

U.S. v. Griffith, No. 03-1510 (2nd Cir.) (385 F.3d 124) (October 4, 2004) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Impeachment

U.S. v. Griffith, No. 03-1510 (2nd Cir.) (385 F.3d 124) (October 4, 2004) (Judge John M. Jr. Walker) by The provisions of 18 U.S.C. §§ 3153(c)(1) and (c)(3) provide, respectively, that information obtained during the performance of pretrial services functions shall be used only for the purposes of a bail …

U.S. v. Linares, No. 03-3011 (D.C. Cir.) (367 F.3d 941) (May 18, 2004) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. Linares, No. 03-3011 (D.C. Cir.) (367 F.3d 941) (May 18, 2004) (Judge David S. Tatel) by Defendant was convicted by a jury in the United States District Court for the District of Columbia of being a felon in possession of a firearm in violation of 18 U.S.C. § …

U.S. v. Bennett, No. 02-50442 (9th Cir.) (363 F.3d 947) (April 9, 2004) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Best Evidence Rule

U.S. v. Bennett, No. 02-50442 (9th Cir.) (363 F.3d 947) (April 9, 2004) (Judge Raymond C. Fisher) by This case arose from the boarding and search of the defendant’s boat at the entrance to San Diego Bay by a joint task force targeting smuggling activities from Mexico into Southern California. …

U.S. v. Carroll, No. 02-2633 (7th Cir.) (346 F.3d 744) (October 7, 2003) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Materiality

U.S. v. Carroll, No. 02-2633 (7th Cir.) (346 F.3d 744) (October 7, 2003) (Judge William J. Bauer) by Here the Court vacated a 262 month sentence and remanded for resentencing at a much lower range, finding the various upward departures recommended by the prosecutor and imposed by the court were …