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U.S. v. Pabon-Cruz, No. 01 Cr. 1187 (S.D.N.Y.) (255 F.Supp.2d 200) (February 4, 2003) (Judge Gerard E. Lynch)

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

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Pabon-Cruz, No. 01 Cr. 1187 (S.D.N.Y.) (255 F.Supp.2d 200) (February 4, 2003) (Judge Gerard E. Lynch) by Calling the mish-mash of Federal child pornography laws “overlapping,” “incongruous,” and even “draconian,” Judge Lynch cut through a broad swath is issues and provided a comprehensive review of sex crimes under …

Hobby v. U.S., No. 82-2140 (U.S. Supreme Court) (468 U.S. 339; 104 S.Ct. 3093) (July 2, 1984) (Justice Burger)

Article • October 26, 2002

Filed under: Punch And Jurists, Bias/Discrimination

Hobby v. U.S., No. 82-2140 (U.S. Supreme Court) (468 U.S. 339; 104 S.Ct. 3093) (July 2, 1984) (Justice Burger) by In this case, the Court granted certiorari "to resolve a conflict among the Circuits as to whether discrimination in the selection of federal grand jury foremen, resulting in the underrepresentation …

Campbell v. Louisiana, No. 96-1584 (U.S. Supreme Court) (523 U.S. 392; 118 S.Ct. 1419) (April 21, 1998) (Justice Kennedy)

Article • October 26, 2002

Filed under: Punch And Jurists, Bias/Discrimination

Campbell v. Louisiana, No. 96-1584 (U.S. Supreme Court) (523 U.S. 392; 118 S.Ct. 1419) (April 21, 1998) (Justice Kennedy) by In this case, the petitioner Campbell was indicted for second-degree murder in Louisiana. He attacked his indictment on the ground that since 1976, not a single African-American had ever served …

Wood v. Georgia, No. 369 (U.S. Supreme Court) (370 U.S. 375; 82 S.Ct. 1364) (June 25, 2062) (Justice Warren)

Article • September 6, 2002

Filed under: Punch And Jurists, Jury Nullification

Wood v. Georgia, No. 369 (U.S. Supreme Court) (370 U.S. 375; 82 S.Ct. 1364) (June 25, 2062) (Justice Warren) by In the midst of a local political campaign, a County Judge, in the presence of representatives of news media assembled at the Judge's request, issued a charge to a grand …

Vasquez v. Hillery, No. 84-836 (U.S. Supreme Court) (474 U.S. 254; 106 S.Ct. 617) (January 14, 1986) (Justice Marshall)

Article • August 18, 2002

Filed under: Punch And Jurists, Bias/Discrimination

Vasquez v. Hillery, No. 84-836 (U.S. Supreme Court) (474 U.S. 254; 106 S.Ct. 617) (January 14, 1986) (Justice Marshall) by In this case the Court set aside a murder conviction some 23 years after the respondent had been convicted because of racial discrimination in the composition of the grand jury …

U.S. v. Marcucci, No. 01-50468 (9th Cir.) (299 F.3d 1156) (August 16, 2002) (Per Curiam)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Jury Nullification

U.S. v. Marcucci, No. 01-50468 (9th Cir.) (299 F.3d 1156) (August 16, 2002) (Per Curiam) by Here a divided panel rejected a challenge that the standard form of instructions to a grand jury were unconstitutional because they failed to advise the jurors that they had the right to refuse to …

U.S. v. Abbell, No. 99-12058 (11th Cir.) (271 F.3d 1286) (November 7, 2001) (Per Curiam)

Article • December 1, 2001 • from P&J December, 2001

Filed under: Punch And Jurists, Jurors - Removal/Excusing

U.S. v. Abbell, No. 99-12058 (11th Cir.) (271 F.3d 1286) (November 7, 2001) (Per Curiam) by Here the Court held that the district court's dismissal of a juror, over the objections of the defendants, based on claims by the majority of the jurors that the dismissed juror was not applying …

Amadeo v. Zant, No. 87-5277 (U.S. Supreme Court) (486 U.S. 214; 108 S.Ct. 1771) (May 31, 1988) (Justice Marshall)

Article • July 7, 2001

Filed under: Punch And Jurists, Bias/Discrimination

Amadeo v. Zant, No. 87-5277 (U.S. Supreme Court) (486 U.S. 214; 108 S.Ct. 1771) (May 31, 1988) (Justice Marshall) by Here the Court held that the district court had properly concluded that petitioner successfully established cause for his failure to raise in the state trial court a constitutional challenge to …

Rideau v. Louisiana, No. 630 (U.S. Supreme Court) (373 U.S. 723; 83 S.Ct. 1417) (June 3, 2063) (Justice Stewart)

Article • March 10, 2001

Filed under: Punch And Jurists, Publicity - Prejudicial

Rideau v. Louisiana, No. 630 (U.S. Supreme Court) (373 U.S. 723; 83 S.Ct. 1417) (June 3, 2063) (Justice Stewart) by The petitioner in this case, Wilbert Rideau, was indicted on March 1, 1961, for the capital murder of Julia Ferguson, a bank employee, on February 16, 1961, in Calcasieu Parish, …

Wisconsin v. Mitchell, No. 92-515 (U.S. Supreme Court) (508 U.S. 476; 113 S.Ct. 2194) (June 11, 1993) (Justice Rehnquist)

Article • December 9, 2000

Filed under: Punch And Jurists, Bias/Discrimination

Wisconsin v. Mitchell, No. 92-515 (U.S. Supreme Court) (508 U.S. 476; 113 S.Ct. 2194) (June 11, 1993) (Justice Rehnquist) by In this case, the respondent's sentence for aggravated battery was enhanced because he intentionally selected his victim on account of the victim's race. The respondent, Mitchell, was part of a …

Barclay v. Florida, No. 81-6908 (U.S. Supreme Court) (463 U.S. 939; 103 S.Ct. 3418) (July 6, 1983) (Justice Rehnquist)

Article • December 9, 2000

Filed under: Punch And Jurists, Bias/Discrimination

Barclay v. Florida, No. 81-6908 (U.S. Supreme Court) (463 U.S. 939; 103 S.Ct. 3418) (July 6, 1983) (Justice Rehnquist) by The central question in this case is whether Florida may constitutionally impose the death penalty on petitioner Elwood Barclay when one of the "aggravating circumstances" relied upon by the trial …

McDonough Power Equip., Inc. v. Greenwood, No. 82-958 (U.S. Supreme Court) (464 U.S. 548; 104 S.Ct. 845) (January 18, 1984) (Justice Rehnquist)

Article • November 21, 2000

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

McDonough Power Equip., Inc. v. Greenwood, No. 82-958 (U.S. Supreme Court) (464 U.S. 548; 104 S.Ct. 845) (January 18, 1984) (Justice Rehnquist) by In this case, after a products liability trial, the plaintiff discovered that one of the jurors had failed to respond to a question during voir dire about …

U.S. v. Gonzales, No. 99-5193 (6th Cir.) (227 F.3d 520) (August 15, 2000) (Judge William Stafford)

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

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

U.S. v. Gonzales, No. 99-5193 (6th Cir.) (227 F.3d 520) (August 15, 2000) (Judge William Stafford) by

Murphy v. Florida, No. 74-5116 (U.S. Supreme Court) (421 U.S. 794; 95 S.Ct. 2031) (June 16, 1975) (Justice Marshall)

Article • October 7, 2000

Filed under: Punch And Jurists, Publicity - Prejudicial

Murphy v. Florida, No. 74-5116 (U.S. Supreme Court) (421 U.S. 794; 95 S.Ct. 2031) (June 16, 1975) (Justice Marshall) by In this case, the petitioner, who was convicted in state court of robbery, argued in his habeas corpus proceeding that he was denied a fair trial because jurors had learned …

Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark)

Article • October 7, 2000

Filed under: Punch And Jurists, Publicity - Prejudicial

Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark) by Here the Court held that pretrial publicity that would inherently prejudice the jury pool can be discerned only by reviewing both the extent and nature of the publicity and the …

Turner v. Murray, No. 88-6646 (U.S. Supreme Court) (476 U.S. 28; 106 S.Ct. 1683) (April 30, 1986) (Justice White)

Article • October 2, 2000

Filed under: Punch And Jurists, Bias/Discrimination

Turner v. Murray, No. 88-6646 (U.S. Supreme Court) (476 U.S. 28; 106 S.Ct. 1683) (April 30, 1986) (Justice White) by In this case, the petitioner, a black man, was indicted in Virginia on charges of capital murder for fatally shooting the white proprietor of a jewelry store in the course …

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (219 F.3d 698) (July 5, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (219 F.3d 698) (July 5, 2000) (Judge Diane P. Wood) by This case arose out of the government's prosecution of an elaborate financial scam, perpetrated in large part by the four defendants whose convictions were overturned in the Court's original opinion, United States …

Williams v. Currie, No. 1:99CV00930 (M.D.N.C.) (103 F.Supp.2d 858) (July 5, 2000) (Judge Magistrate)

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

Filed under: Punch And Jurists, Bias/Discrimination

Williams v. Currie, No. 1:99CV00930 (M.D.N.C.) (103 F.Supp.2d 858) (July 5, 2000) (Judge Magistrate) by Here the Court granted habeas relief to a state petitioner who argued that his equal protection rights had been violated when he received a significantly harsher total sentence than his similarly situated female co-defendant due …

Chandler v. Florida, No. 79-1260 (U.S. Supreme Court) (449 U.S. 560; 101 S.Ct. 802) (January 26, 1981) (Justice Burger)

Article • June 30, 2000

Filed under: Punch And Jurists, Publicity - Prejudicial

Chandler v. Florida, No. 79-1260 (U.S. Supreme Court) (449 U.S. 560; 101 S.Ct. 802) (January 26, 1981) (Justice Burger) by In this case the Court held that an absolute constitutional ban on broadcast coverage of trials cannot be justified simply because there is a danger that, in some cases, conduct …

Swain v. Alabama, No. 64 (U.S. Supreme Court) (380 U.S. 202; 85 S.Ct. 824) (March 8, 2065) (Justice White)

Article • June 26, 2000

Filed under: Punch And Jurists, Bias/Discrimination

Swain v. Alabama, No. 64 (U.S. Supreme Court) (380 U.S. 202; 85 S.Ct. 824) (March 8, 2065) (Justice White) by In this case the Court sought to accommodate both the prosecutor's privilege of peremptorily challenging jurors and the newly promogulated constitutional prohibition against exclusion of jurors because of race. (See …