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U.S. v. Abuhamra, No. 04-2678-CR (2nd Cir.) (389 F.3d 309) (November 15, 2004) (Judge Reena Raggi)

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

Filed under: Punch And Jurists, Ex Parte and In Camera Communications

U.S. v. Abuhamra, No. 04-2678-CR (2nd Cir.) (389 F.3d 309) (November 15, 2004) (Judge Reena Raggi) by This appeal presented a single question: whether a district court may rely on evidence submitted by the government ex parte and in camera to deny bail. The Court concluded that such submissions should …

U.S. v. Lentz, No. 03-15 (4th Cir.) (383 F.3d 191) (September 14, 2004) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Lentz, No. 03-15 (4th Cir.) (383 F.3d 191) (September 14, 2004) (Judge William B. Jr. Traxler) by Plaintiff United States challenged the decision entered by the United States District Court for the Eastern District of Virginia that granted of defendant one' motion for judgment of acquittal on the …

Ramos v. Ashcroft, No. 03-4050 (7th Cir.) (371 F.3d 948) (June 15, 2004) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Stonewalling

Ramos v. Ashcroft, No. 03-4050 (7th Cir.) (371 F.3d 948) (June 15, 2004) (Judge Frank H. Easterbrook) by Petitioner alien sought judicial review of an order by the Board of Immigration Appeals. The alien's removal hearing was held by teleconference with the alien, his attorney and witnesses, and the government …

U.S. v. Nixon, No. 03-80793 (E.D.Mich.) (315 F.Supp.2d 876) (April 23, 2004) (Judge John Feikens)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Nixon, No. 03-80793 (E.D.Mich.) (315 F.Supp.2d 876) (April 23, 2004) (Judge John Feikens) by This is another of a number of recent cases in which a Federal judge has rebelled against the undisguised efforts of prosecutors to wrest total control over all aspects of sentencing away from the …

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (307 F.Supp.2d 891) (March 8, 2004) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Gag Order

U.S. v. Koubriti, No. 01-CR-80778 (E.D.Mich.) (307 F.Supp.2d 891) (March 8, 2004) (Judge Gerald E. Rosen) by Defendants were convicted of terrorism-related activities and had filed motions for new trial and acquittal. The court entered an order precluding lawyers and parties from disseminating or commenting upon confidential, classified, or sealed …

Francolino v. Kuhlman, No. 02-2617 (2nd Cir.) (365 F.3d 137) (April 20, 2004) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

Francolino v. Kuhlman, No. 02-2617 (2nd Cir.) (365 F.3d 137) (April 20, 2004) (Judge Jose A. Cabranes) by In 1997, Joseph Francolino was convicted the New York Supreme Court for New York County of a number of crimes arising out of his participation in the cartel that allegedly controls the …

U.S. v. Koubriti, No. 01-80778 (E.D.Mich.) (305 F.Supp.2d 723) (December 16, 2003) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Gag Order

U.S. v. Koubriti, No. 01-80778 (E.D.Mich.) (305 F.Supp.2d 723) (December 16, 2003) (Judge Gerald E. Rosen) by For a long time, this case was the shining star in the Department of Justice’s orbit. Just six days after the September 11, 2001 terrorist attacks, a terrorism task force arrested three of …

Illinois v. Fisher, No. 03-374 (U.S. Supreme Court) (540 U.S. 544; 124 S.Ct. 1200) (February 23, 2004) (Per Curiam)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

Illinois v. Fisher, No. 03-374 (U.S. Supreme Court) (540 U.S. 544; 124 S.Ct. 1200) (February 23, 2004) (Per Curiam) by This brief per curiam decision is noted for its discussion of the rule of law established in Arizona v. Youngblood, 488 U.S. 51 (1988) relating to the destruction of evidence …

U.S. v. Diaz, No. 2:02CR530 (D.Utah) (274 F.Supp.2d 1225) (August 4, 2003) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

U.S. v. Diaz, No. 2:02CR530 (D.Utah) (274 F.Supp.2d 1225) (August 4, 2003) (Judge J. Thomas Greene) by This is a scathing decision in which a livid Judge Greene blasted the Government for attempting to use blatant “forum and jurisdiction shopping” as a means of seizing total control over all aspects …

U.S. v. Lentz, No. Crim. No. 01-150-A (E.D.Va.) (275 F.Supp.2d 723) (July 22, 2003) (Judge Gerald Bruce Lee)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Lentz, No. Crim. No. 01-150-A (E.D.Va.) (275 F.Supp.2d 723) (July 22, 2003) (Judge Gerald Bruce Lee) by Defendant was charged with kidnapping resulting in the death of his ex-wife in violation of the Federal Kidnapping Act, 18 U.S.C. § 1201. Defendant filed a motion for judgment of acquittal, …

U.S. v. Armstrong, No. 95-157 (U.S. Supreme Court) (517 U.S. 456; 116 S.Ct. 1480) (May 13, 1996) (Justice Rehnquist)

Article • August 12, 2003

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Armstrong, No. 95-157 (U.S. Supreme Court) (517 U.S. 456; 116 S.Ct. 1480) (May 13, 1996) (Justice Rehnquist) by In this case, the Supreme Court settled a dispute among the Circuits by holding that criminal defendants bringing selective prosecution claims must show that similarly situated individuals were not prosecuted, …

U.S. v. Flores, No. 02-3380 (8th Cir.) (336 F.3d 760) (July 18, 2003) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Criticism of Government

U.S. v. Flores, No. 02-3380 (8th Cir.) (336 F.3d 760) (July 18, 2003) (Judge Diana E. Murphy) by This case is noted for Judge Bright’s remarkably candid concurring opinion in which he warned that the Feeney Amendment “creates new and greater problems in federal sentencing” and in which issued a …

Nix v. Whiteside, No. 84-1321 (U.S. Supreme Court) (475 U.S. 157; 106 S.Ct. 988) (February 26, 1986) (Justice Burger)

Article • April 9, 2003

Filed under: Punch And Jurists, Ethical Restraints

Nix v. Whiteside, No. 84-1321 (U.S. Supreme Court) (475 U.S. 157; 106 S.Ct. 988) (February 26, 1986) (Justice Burger) by In this seminal case, a defense attorney balked at his client's insistence on committing perjury, and on appeal to the Supreme Court the issue addressed was whether the Sixth Amendment …

Francolino v. Kuhlman, No. 01 Civ. 3882 (AGS) (S.D.N.Y.) (224 F.Supp.2d 615) (September 3, 2002) (Judge Allen G. Schwartz)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

Francolino v. Kuhlman, No. 01 Civ. 3882 (AGS) (S.D.N.Y.) (224 F.Supp.2d 615) (September 3, 2002) (Judge Allen G. Schwartz) by Petitioner sought a writ of habeas corpus pursuant to 28 U.S.C. § 2254 seeking his release from custody arising from a state court judgment in which a jury found petitioner …

Arizona v. Youngblood, No. 86-1904 (U.S. Supreme Court) (488 U.S. 51; 109 S.Ct. 333) (November 29, 1988) (Justice Rehnquist)

Article • November 18, 2002

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

Arizona v. Youngblood, No. 86-1904 (U.S. Supreme Court) (488 U.S. 51; 109 S.Ct. 333) (November 29, 1988) (Justice Rehnquist) by In this case the victim, a 10-year-old boy, was molested and sodomized by a middle-aged man for 1 1/2 hours. After the assault, the boy was taken to a hospital …

Berthoff v. U.S., No. 99-1276 (1st Cir.) (308 F.3d 124) (October 21, 2002) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Plea Bargaining

Berthoff v. U.S., No. 99-1276 (1st Cir.) (308 F.3d 124) (October 21, 2002) (Judge Norman H. Stahl) by Here the Court rejected, on procedural grounds, District Judge Young’s invitation to consider whether the practice of “fact bargaining” at sentencing had “unduly and unconstitutionally” burdened the defendant’s Sixth Amendment right to …

U.S. v. Hale, No. 74-364 (U.S. Supreme Court) (422 U.S. 171; 95 S.Ct. 2133) (June 23, 1975) (Justice Marshall)

Article • October 18, 2002

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Hale, No. 74-364 (U.S. Supreme Court) (422 U.S. 171; 95 S.Ct. 2133) (June 23, 1975) (Justice Marshall) by A third-party went to the police to report a robbery, and the police took him to the scene of the attack, where he identified the defendant, William Hale, as his …

Greer v. Miller, No. 85-2064 (U.S. Supreme Court) (483 U.S. 756; 107 S.Ct. 3102) (June 26, 1987) (Justice Powell)

Article • August 27, 2002

Filed under: Punch And Jurists, Comments on Defendant's Silence

Greer v. Miller, No. 85-2064 (U.S. Supreme Court) (483 U.S. 756; 107 S.Ct. 3102) (June 26, 1987) (Justice Powell) by Here a divided Court held that a prosecutor's prejudicial comment about the defendant's post-arrest silence did not infect the trial with unfairness because the weight of the evidence against the …

Duckett v. Mullin, No. 00-6292 (10th Cir.) (306 F.3d 982) (September 4, 2002) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Improper Comments

Duckett v. Mullin, No. 00-6292 (10th Cir.) (306 F.3d 982) (September 4, 2002) (Judge Carlos Lucero) by Although a district attorney's "inappropriate" commentary at trial was intentional and calculated, a habeas petitioner could not show that prosecutorial misconduct so infected the trial as to make the proceeding fundamentally unfair. This …

U.S. v. Velarde-Gomez, No. 99-50602 (9th Cir.) (269 F.3d 1023) (October 23, 2001) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Velarde-Gomez, No. 99-50602 (9th Cir.) (269 F.3d 1023) (October 23, 2001) (Judge Kim McLane Wardlaw) by In this case the defendant was convicted of importing 63 pounds of marijuana into the United States, after customs officials found the drugs secreted in the gas tank of the car he …