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U.S. v. Burgess, No. 97-3552 (11th Cir.) (175 F.3d 1261) (May 18, 1999) (Judge Rosemary Barkett)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Burgess, No. 97-3552 (11th Cir.) (175 F.3d 1261) (May 18, 1999) (Judge Rosemary Barkett) by Relying on Carter v. Kentucky, 450 US 288, the Court held that the trial court had erred in failing to instruct the jury not to draw an adverse inference from the defendant's failure …

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Hopper, No. 97-10445 (9th Cir.) (177 F.3d 824) (May 20, 1999) (Judge Stephen S. Trott) by Here the Court rejected the defendants' request for a jury instruction permitting them to argue that the underlying tax levies they were charged with evading were invalid; stating that the alleged invalidity …

U.S. v. Bradley, No. 97-5462 (3rd Cir.) (173 F.3d 225) (April 19, 1999) (Judge Morton I. Greenberg)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradley, No. 97-5462 (3rd Cir.) (173 F.3d 225) (April 19, 1999) (Judge Morton I. Greenberg) by Here the Court held that in a prosecution for extortion under "color of official right" in a non-campaign case, the Government does not have to show any express agreement to perform a …

U.S. v. Fuller, No. 97-4132 (4th Cir.) (162 F.3d 256) (November 17, 1998) (Judge Paul V. Niemeyer)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Fuller, No. 97-4132 (4th Cir.) (162 F.3d 256) (November 17, 1998) (Judge Paul V. Niemeyer) by Here the Fourth Circuit affirmed a conviction despite the fact that the trial judge (Judge Simons) told the jury that he did not believe the defendant's testimony and he believed the defendant …

U.S. v. Duran, No. 96-4108 (10th Cir.) (133 F.3d 1324) (January 9, 1998) (Judge David M. Ebel)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Duran, No. 96-4108 (10th Cir.) (133 F.3d 1324) (January 9, 1998) (Judge David M. Ebel) by United States v. Barragan-Devis, 133 F.3d 1287 (9th Cir. 1287) (Judge Trott) United States v. Duran, 133 F.3d 1324 (10th Cir. 1998) (Judge Ebel) It really should not surprise anyone that there …

U.S. v. Barragan-Devis, No. 96-30304 (9th Cir.) (133 F.3d 1287) (January 20, 1998) (Judge Stephen S. Trott)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Barragan-Devis, No. 96-30304 (9th Cir.) (133 F.3d 1287) (January 20, 1998) (Judge Stephen S. Trott) by United States v. Barragan-Devis, 133 F.3d 1287 (9th Cir. 1287) (Judge Trott) United States v. Duran, 133 F.3d 1324 (10th Cir. 1998) (Judge Ebel) It really should not surprise anyone that there …

McDowell v. Calderon, No. 96-99000 (9th Cir.) (130 F.3d 833) (November 24, 1997) (Judge Stephen S. Trott)

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

Filed under: Jury Instructions, Punch And Jurists

McDowell v. Calderon, No. 96-99000 (9th Cir.) (130 F.3d 833) (November 24, 1997) (Judge Stephen S. Trott) by Case held that jury's confusion as to whether it could consider certain evidence as mitigating, in a capital sentencing proceeding, and judge's failure to adequately correct jury's misconception, resulted in an Eighth …

U.S. v. Chen, No. 95-5036 (4th Cir.) (131 F.3d 375) (October 31, 1997) (Judge Karen J. Williams)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Chen, No. 95-5036 (4th Cir.) (131 F.3d 375) (October 31, 1997) (Judge Karen J. Williams) by Equally divided en banc court affirmed a § 924(c) conviction, despite incorrect jury instructions on the meaning of "use" of a gun, which six judges felt was harmless error.

U.S. v. Katalinich, No. 96-2072 (7th Cir.) (113 F.3d 1475) (May 30, 1997) (Judge William J. Bauer)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Katalinich, No. 96-2072 (7th Cir.) (113 F.3d 1475) (May 30, 1997) (Judge William J. Bauer) by One of the issues raised in this appeal was whether the defendant had properly preserved his objections to a trial court's refusal to give the jury some requested instructions. Citing Rule 30 …

U.S. v. Jones, No. 94-5913 (6th Cir.) (108 F.3d 668) (March 12, 1997) (Judge Alice M. Batchelder)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Jones, No. 94-5913 (6th Cir.) (108 F.3d 668) (March 12, 1997) (Judge Alice M. Batchelder) by Here's another case that deals with the raging, but hopelessly confused, question of whether improper jury instructions constitute "plain" error, within the meaning of Rule 52(b) of the Fed.R.Crim.P. The defendant in …

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam)

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

Filed under: Jury Instructions, Punch And Jurists

Waldemer v. U.S., No. 96-1119 (7th Cir.) (106 F.3d 729) (January 16, 1997) (Per Curiam) by Peck v. United States, 106 F.3d 450 (2nd Cir. 1997) (Judge Walker) Waldemer v. United States, 106 F.3d 729 (7th Cir. 1996) (Per Curiam) Both of these cases deal with substantially similar collateral appeals …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner) by This is a rare but important case in which a conviction was reversed because the trial court (a) failed to give an entrapment instruction as requested by the defense and (b) …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner) by This is a rare but important case in which a conviction was reversed because the trial court (a) failed to give an entrapment instruction as requested by the defense and (b) …

U.S. v. Parker, No. 94-10557 (5th Cir.) (104 F.3d 72) (January 14, 1997) (Judge Robert M. Parker)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Parker, No. 94-10557 (5th Cir.) (104 F.3d 72) (January 14, 1997) (Judge Robert M. Parker) by This is another one of those recurrent, perplexing decisions about harmless-error. Here, the defendant robbed six retail establishments in Fort Worth, Texas during a two-week period. His total take from all six …

U.S. v. Nelson, No. 95-5536 (4th Cir.) (102 F.3d 1344) (December 18, 1996) (Judge Paul V. Niemeyer)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Nelson, No. 95-5536 (4th Cir.) (102 F.3d 1344) (December 18, 1996) (Judge Paul V. Niemeyer) by The Court, in this case, focuses on the issue of whether the failure to instruct the jurors that they should not discuss the case with anyone outside the courtroom and that they …

U.S. v. Ciak, No. 96-1217 (2nd Cir.) (102 F.3d 38) (December 4, 1996) (Judge Jose A. Cabranes)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Ciak, No. 96-1217 (2nd Cir.) (102 F.3d 38) (December 4, 1996) (Judge Jose A. Cabranes) by Here's a case that shows the dangers of annoying a judge by winning an appeal! After the defendant's first conviction for possession of a firearm by a felon was overturned on appeal, …

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood)

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

Filed under: Jury Instructions, Punch And Jurists

U.S. v. Rios-Calderon, No. 93-1583 (7th Cir.) (80 F.3d 194) (March 19, 1996) (Judge Diane P. Wood) by In this case, involving the testimony of a paid informant who had been paid $54,000 for his efforts, the court held that the trial judge had given proper supplemental instructions regarding the …

Gacy v. Welborn, No. 92-3448 (7th Cir.) (994 F.3d 305) (April 12, 1993) (Judge Frank H. Easterbrook)

Article • January 1, 1994

Filed under: Jury Instructions, Punch And Jurists

Gacy v. Welborn, No. 92-3448 (7th Cir.) (994 F.3d 305) (April 12, 1993) (Judge Frank H. Easterbrook) by Here the Court affirmed the death penalty for a serial killer despite flawed jury instructions, after commenting that there are no perfect jury instructions and noting that even "simplified" charges would leave …