Search | Punch and Jurists

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour) by Case held that the district court's failure to inform the defendant of the elements of the charges against her and the possible penalties during the plea colloquy rendered the plea involuntary, and …

U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Johnson, No. 97-0305(HHG) (D.D.C.) (992 F.Supp. 437) (September 29, 1997) (Judge Harold H. Greene) by Although the ruling in this case has pretty much been foreclosed by contrary decisions from virtually all the Circuits, this decision is noted because of the strong words with which Judge Harold Greene …

U.S. v. Hawkins, No. 79-CR-50007-JFL (S.D.Ill.) (973 F.Supp. 825) (March 25, 1997) (Judge James L. Foreman)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Hawkins, No. 79-CR-50007-JFL (S.D.Ill.) (973 F.Supp. 825) (March 25, 1997) (Judge James L. Foreman) by Although the courts often reiterate the concept that plea agreements are essentially contracts and they are therefore governed by principles of contract law, there has always been an inexplicable dichotomy between criminal law …

U.S. v. Pierre, No. 96-4187 (11th Cir.) (120 F.3d 1153) (August 28, 1997) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Pierre, No. 96-4187 (11th Cir.) (120 F.3d 1153) (August 28, 1997) (Judge James Larry Edmondson) by

U.S. v. DePace, No. 94-4854 (11th Cir.) (120 F.3d 233) (August 25, 1997) (Judge Thomas N. Jr. O'Neill)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. DePace, No. 94-4854 (11th Cir.) (120 F.3d 233) (August 25, 1997) (Judge Thomas N. Jr. O'Neill) by Here the Court held that the failure of the district court to explicitly discuss the aiding and abetting theory of liability was unnecessary because such a theory is not an essential …

U.S. v. Pierre, No. 96-4187 (11th Cir.) (120 F.3d 1153) (August 28, 1997) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Pierre, No. 96-4187 (11th Cir.) (120 F.3d 1153) (August 28, 1997) (Judge James Larry Edmondson) by This is an interesting case in which the Court vacated a conviction because it found that, at the time the defendant entered his plea, "he could not have understood its consequences." Knowing …

U.S. v. Brown, No. 94-9387 (11th Cir.) (117 F.3d 471) (July 21, 1997) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Brown, No. 94-9387 (11th Cir.) (117 F.3d 471) (July 21, 1997) (Judge Edward E. Carnes) by In this money structuring case the court held that a guilty plea plea entered before the Supreme Court's decision in Ratzlaf v. U.S., 510 U.S. 135 (1994) was not knowingly and voluntarily …

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker) by Case held If the guilty plea "is induced by deception, an unfulfillable promise, or misrepresentation to enter a plea of guilty", it is invalid because it is not voluntary. Justice Lummus of …

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Amaya, No. 96-40572 (5th Cir.) (111 F.3d 386) (April 16, 1997) (Judge Robert M. Parker) by Justice Lummus of the Supreme Judicial Court of Massachusetts once observed: "If all the defendants should combine to refuse to plead guilty, and should dare to hold out, they could break down …

U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Dewalt, No. 95-3103 (D.C. Cir.) (92 F.3d 1209) (August 20, 1996) (Judge Douglas Ginsburg) by Here the Court reversed a gun conviction due to the failure of the district court adequately to notify the defendant of the nature of the charges to which he pleading guilty in violation …

Meyers v. Gillis, No. 95-1850 (3rd Cir.) (93 F.3d 1147) (August 23, 1996) (Judge Samuel A. Jr. Alito)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Meyers v. Gillis, No. 95-1850 (3rd Cir.) (93 F.3d 1147) (August 23, 1996) (Judge Samuel A. Jr. Alito) by Case held that the Constitution does not require that a defendant be provided with information concerning parole eligibility for a guilty plea to be knowingly and voluntarily made.

U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Burney, No. 95-2686 (8th Cir.) (75 F.3d 442) (February 7, 1996) (Judge Floyd R. Gibson) by Case held that defendant's misapprehension of the application of the Guidelines is not a fair and just reason to withdraw a plea.

Ables v. Scott, No. 94-10934 (5th Cir.) (73 F.3d 591) (January 25, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Ables v. Scott, No. 94-10934 (5th Cir.) (73 F.3d 591) (January 25, 1996) (Per Curiam) by This habeas corpus case is noted because it highlights one of those notable myths about the Federal Sentencing Guidelines. In its Introduction to the Guidelines, the Sentencing Commission proudly proclaimed that the Guidelines would …

Miles v. Dorsey, No. 94-2055 (10th Cir.) (61 F.3d 1459) (August 1, 1995) (Judge Bobby R. Baldock)

Article • January 1, 1995

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Miles v. Dorsey, No. 94-2055 (10th Cir.) (61 F.3d 1459) (August 1, 1995) (Judge Bobby R. Baldock) by Miles v. Dorsey, 61 F.3d 1459 (10th Cir. 1995) United States v. Contreras-Del Toro, 892 F.Supp. 159 (S.D.Tex. 1995) Here are two cases that deal with the myth that guilty pleas must …

Parry v. Rosemeyer, No. 94-3335 (3rd Cir.) (64 F.3d 110) (August 21, 1995) (Judge Edward R. Becker)

Article • January 1, 1995

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Parry v. Rosemeyer, No. 94-3335 (3rd Cir.) (64 F.3d 110) (August 21, 1995) (Judge Edward R. Becker) by This case discusses the jaundiced meaning of what constitutes an "intelligent" guilty plea. The law has long held that for a plea to be intelligently made, the defendant must be aware of …

U.S. v. Roberts, No. 92-16660 (9th Cir.) (5 F.3d 365) (September 16, 1993) (Judge Joseph T. Sneed)

Article • December 1, 1994

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Roberts, No. 92-16660 (9th Cir.) (5 F.3d 365) (September 16, 1993) (Judge Joseph T. Sneed) by In this case, the district judge failed to mention the possibility of a term of supervised release when accepting the plea. On appeal, the Court held: "Rule 11 still mandates that the …