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Rashad v. Walsh, No. 02-1422 (1st Cir.) (300 F.3d 27) (August 14, 2002) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

Rashad v. Walsh, No. 02-1422 (1st Cir.) (300 F.3d 27) (August 14, 2002) (Judge Bruce M. Selya) by

U.S. v. Ruiz, No. 01-595 (U.S. Supreme Court) (536 U.S. 622; 122 S.Ct. 2450) (June 24, 2002) (Justice Breyer)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ruiz, No. 01-595 (U.S. Supreme Court) (536 U.S. 622; 122 S.Ct. 2450) (June 24, 2002) (Justice Breyer) by The origins of this decision was a ruling by the Ninth Circuit that challenged the validity of a standard provision in plea agreements that requires the defendant to waive her …

Rashad v. Walsh, No. Civ. No. 98-11669 (NG) (D.Mass.) (204 F.Supp.2d 93) (March 31, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

Rashad v. Walsh, No. Civ. No. 98-11669 (NG) (D.Mass.) (204 F.Supp.2d 93) (March 31, 2002) (Judge Nancy Gertner) by Here the Court granted the petitioner's habeas petition, reversing inmate's conviction for rape where government's delay of over five years in bringing inmate to trial violated his right to a speedy …

U.S. v. Akins, No. 99-30241 (9th Cir.) (276 F.3d 1141) (January 10, 2002) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Akins, No. 99-30241 (9th Cir.) (276 F.3d 1141) (January 10, 2002) (Judge Dorothy Wright Nelson) by Here, in a gun prosecution case under 18 U.S.C. § 922(g)(9), the Ninth Circuit rejected the Government’s attempt to argue that the standard for waiving counsel is different in misdemeanor cases than …

Johnson v. Zerbst, No. 699 (U.S. Supreme Court) (304 U.S. 458; 58 S.Ct. 1019) (May 23, 2038) (Justice Black)

Article • January 6, 2002

Filed under: Punch And Jurists, Waivers/Defaults

Johnson v. Zerbst, No. 699 (U.S. Supreme Court) (304 U.S. 458; 58 S.Ct. 1019) (May 23, 2038) (Justice Black) by The issue in this case concerned whether the accused willingly stood trial without the benefit of counsel; and the Court held that waivers of counsel must not only be voluntary, …

U.S. v. Jimenez, No. 00-10343 (9th Cir.) (258 F.3d 1120) (July 31, 2001) (Judge Robert S. Lasnik)

Article • September 1, 2001 • from P&J July, 2001

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Jimenez, No. 00-10343 (9th Cir.) (258 F.3d 1120) (July 31, 2001) (Judge Robert S. Lasnik) by The issue raised in this case was whether a defendant's confirmation of the accuracy of presentence report (PSR) automatically constitutes a waiver of any appellate challenge to the PSR. The Court held …

U.S. v. Akins, No. 99-30241 (9th Cir.) (243 F.3d 1199) (March 27, 2001) (Judge Dorothy Wright Nelson)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Akins, No. 99-30241 (9th Cir.) (243 F.3d 1199) (March 27, 2001) (Judge Dorothy Wright Nelson) by The defendant in this case was charged with violating 18 U.S.C. § 922(g)(9), which makes it a crime for any person "who has been convicted in any court of a misdemeanor crime …

U.S. v. Ruiz, No. 00-50048 (9th Cir.) (241 F.3d 1157) (March 5, 2001) (Judge Robert Boochever)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ruiz, No. 00-50048 (9th Cir.) (241 F.3d 1157) (March 5, 2001) (Judge Robert Boochever) by In this case of first impression, the Court addressed the validity of a provision in a plea agreement which required the defendant to waive her rights to see favorable evidence, under Brady v. …

Sanders v. U.S., No. 99-2516 (2nd Cir.) (2001 U.S. App. LEXIS 392) (January 11, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Waivers/Defaults

Sanders v. U.S., No. 99-2516 (2nd Cir.) (2001 U.S. App. LEXIS 392) (January 11, 2001) (Per Curiam) by In this unpublished summary order, the panel denied an Apprendi claim in a case where the defendant had pled guilty, stating that when he knowingly entered into a guilty plea, he waived …

U.S. v. Garcia-Valenzuela, No. 99-50175 (9th Cir.) (232 F.3d 1003) (December 1, 2000) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Garcia-Valenzuela, No. 99-50175 (9th Cir.) (232 F.3d 1003) (December 1, 2000) (Judge William A. Fletcher) by This case is noted for its detailed listing of the types of constitutional claims that are not barred as the result of a guilty plea, holding here that the defendant's plea did …

U.S. v. Sanchez, No. 99-1016 (2nd Cir.) (225 F.3d 172) (September 13, 2000) (Judge Fred I. Parker)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Sanchez, No. 99-1016 (2nd Cir.) (225 F.3d 172) (September 13, 2000) (Judge Fred I. Parker) by In this case, while he was serving a term of supervised release for a prior Federal offense, the defendant was arrested by New Jersey state police for possession of cocaine. The date …

U.S. v. Franco, No. CRIM. 95-0836 (D.Puerto Rico) (112 F.Supp.2d 204) (August 28, 2000) (Judge Daniel R. Dominguez)

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

Filed under: Punch And Jurists, Speedy Trial

U.S. v. Franco, No. CRIM. 95-0836 (D.Puerto Rico) (112 F.Supp.2d 204) (August 28, 2000) (Judge Daniel R. Dominguez) by

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists, Waivers/Defaults

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White) by The principal issue addressed in this case was whether and to what extent an otherwise valid guilty plea may be impeached in collateral proceedings by assertions or proof that the …

U.S. v. Ortiz-Santiago, No. 99-1053 (1st Cir.) (211 F.3d 146) (May 2, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ortiz-Santiago, No. 99-1053 (1st Cir.) (211 F.3d 146) (May 2, 2000) (Judge Bruce M. Selya) by The defendant in this case pled guilty to a drug conspiracy, under a the terms of a non-binding plea agreement entered pursuant to the provisions of Fed.R.Crim.P. 11(e)(1)(B). Under the plea agreement, …

U.S. v. Hardeman, No. 97-10516 (9th Cir.) (206 F.3d 1320) (March 21, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Hardeman, No. 97-10516 (9th Cir.) (206 F.3d 1320) (March 21, 2000) (Per Curiam) by The Court summarized the issue raised in this appeal by reporting as follows: "On January 31, the district court held a status conference on various discovery disputes. Just prior to the conference, Hardeman filed …

U.S. v. Medrano, No. 99-CR-322 (ARR) (E.D.N.Y.) (89 F.Supp.2d 310) (March 1, 2000) (Judge Allyne R. Ross)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Medrano, No. 99-CR-322 (ARR) (E.D.N.Y.) (89 F.Supp.2d 310) (March 1, 2000) (Judge Allyne R. Ross) by The defendant in this case was serving time in a State prison on a drug charge when the INS, during a “routine screening of inmates,” discovered that he had previously been deported. …

New York v. Hill, No. 98-1299 (U.S. Supreme Court) (528 U.S. 110; 120 S.Ct. 659) (January 11, 2000) (Justice Scalia)

Article • January 13, 2000

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

New York v. Hill, No. 98-1299 (U.S. Supreme Court) (528 U.S. 110; 120 S.Ct. 659) (January 11, 2000) (Justice Scalia) by In this case the Court held that defense counsel waived his client's right under the Interstate Agreement on Detainers Act to disposition of pending charges within 180 days by …

U.S. v. Williams, No. 98-8986 (11th Cir.) (197 F.3d 1091) (December 8, 1999) (Judge James Larry Edmondson)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Williams, No. 98-8986 (11th Cir.) (197 F.3d 1091) (December 8, 1999) (Judge James Larry Edmondson) by United States v. Messer, 197 F.3d 330 (9th Cir. 1999) United States v. Williams, 197 F.3d 1091 (11th Cir. 1999) The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) provides that …

U.S. v. Johnson, No. 99-30045 (9th Cir.) (196 F.3d 1000) (October 28, 1999) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Johnson, No. 99-30045 (9th Cir.) (196 F.3d 1000) (October 28, 1999) (Judge William A. Fletcher) by Here the Court held that a demand for a speedy trial on a Federal charge underlying a detainer starts the 180 day speedy trial provisions of the IAD when it was delivered …

U.S. v. Messer, No. 96-50493 (9th Cir.) (197 F.3d 330) (December 14, 1999) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Messer, No. 96-50493 (9th Cir.) (197 F.3d 330) (December 14, 1999) (Judge A. Wallace Tashima) by United States v. Messer, 197 F.3d 330 (9th Cir. 1999) United States v. Williams, 197 F.3d 1091 (11th Cir. 1999) The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) provides that …