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Article • July 1, 1997 • from P&J July, 1997
U.S. v. Horsman, No. 96-3013 (8th Cir.) (114 F.3d 822) (June 13, 1997) (Judge Frank J. Magill) by In this case the Court held (at page 829) that there was no violation of a defendant's subatantial rights where the only possible deprivation suffered was the possibility of jury nullification.
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Lewis, No. 96-2972 (7th Cir.) (110 F.3d 417) (March 24, 1997) (Judge Thomas E. Fairchild) by Case is noted for its statement that the practice of informing juries about the sentencing consequences of their verdicts is "strongly disfavored" - although the Court pretended not to comment on the …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Maisonneuve, No. 2:96cr17-02 (D.Vt.) (954 F.Supp. 114) (January 30, 1997) (Judge William K. III Sessions) by As gingerly and quickly as possible, Judge Sessions approached the delicate, but explosive, issue of jury nullification by stating that "it is well settled that juries are not to consider penalties in …
Article • January 1, 1997 • from P&J January, 1997
Watson v. Block, No. 94-56346 (9th Cir.) (102 F.3d 433) (December 13, 1996) (Judge William A. Norris) by Case showed courts fear of jury nullification by holding attorney in contempt for raising issue of length of possible sentences.
Article • December 1, 1996 • from P&J December, 1996
U.S. v. Royal, No. 95-2176 (1st Cir.) (100 F.3d 1019) (November 12, 1996) (Judge Juan R. Torruella) by This is an interesting case about an important statute that controls the right of a defendant to obtain access to jury selection records in connection with his claim that he was denied …
Article • July 1, 1996 • from P&J July, 1996
U.S. v. Chesney, No. 95-5203 (6th Cir.) (86 F.3d 564) (June 14, 1996) (Judge Karen Nelson Moore) by One of the issues raised in this case was a claim that the trial court had violated the defendant's Fifth Amendment rights to a fair trial by refusing to permit him to …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. DiMarzo, No. 95-1441 (1st Cir.) (80 F.3d 656) (April 10, 1996) (Judge Conrad K. Cyr) by Case held that defendant was not entitled to present evidence of harsh sentence he would receive if convicted since Federal juries perform no sentencing functions. Two weeks ago, in Issue No. 18, …
Article • April 1, 1996 • from P&J April, 1996
U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by In this multi-issue appeal from an assortment of drug and gun convictions, the Court affirmed (a) the propriety of admitting, under Rule 404(b), evidence of prior uncharged drug dealings; and (b) the …
Article • April 1, 1996 • from P&J April, 1996
U.S. v. Manning, No. 95-1199 (1st Cir.) (79 F.3d 212) (March 21, 1996) (Judge Norman H. Stahl) by QUOTE OF THE WEEK - One of the most important cases of the 1990's was a little noticed decision written by Judge Thomas A. Wiseman of Tennessee in a case entitled United …
Article • January 1, 1994
Zal v. Steppe, No. 91-55579 (9th Cir.) (968 F.2d 924) (July 1, 1992) (Judge Jerome Farris) by See Judge Trott's concurring opinion regarding jury nullification and his statement that a defendant has no right to present evidence that is irrelevant to a legal defense. (Id., at 930-31). Case, involving an …
Article • January 1, 1994
U.S. v. Datcher, No. 3:92-00054 (M.D.Tenn.) (830 F.Supp. 411) (September 8, 1993) (Judge Thomas A. Jr. Wiseman) by Powerful and brilliant decision in which Judge Wiseman argued that jury nullification has a long tradition and serves the purpose of defeating overly harsh punishments. Although Judge Wiseman's decision in this case …
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