Search | Punch and Jurists

U.S. v. Batchelder, No. 78-776 (U.S. Supreme Court) (442 U.S. 114; 99 S.Ct. 2198) (June 4, 1979) (Justice Marshall)

Article • August 14, 2002

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Batchelder, No. 78-776 (U.S. Supreme Court) (442 U.S. 114; 99 S.Ct. 2198) (June 4, 1979) (Justice Marshall) by Here the Court held that when identical conduct runs afoul of more than one prohibition of the criminal law, serious consttitutional concerns arise and at least three different principles of …

U.S. v. Wattleton, No. 00-13125 (11th Cir.) (296 F.3d 1184) (July 9, 2002) (Judge Frank May Hull)

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

Filed under: Punch And Jurists, Insanity Defense Reform Act

U.S. v. Wattleton, No. 00-13125 (11th Cir.) (296 F.3d 1184) (July 9, 2002) (Judge Frank May Hull) by The defendant in this case was charged with and tried for making bomb threats after his employment was terminated. The jury determined that defendant was not guilty by reason of insanity, and …

U.S. v. Bass, No. 70-71 (U.S. Supreme Court) (404 U.S. 336; 92 S.Ct. 515) (December 20, 1971) (Justice Marshall)

Article • July 29, 2002

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Bass, No. 70-71 (U.S. Supreme Court) (404 U.S. 336; 92 S.Ct. 515) (December 20, 1971) (Justice Marshall) by In this case, the respondent was convicted of possessing firearms in violation of § 1202 (a)(1) of the Omnibus Crime Control and Safe Streets Act, which provides that a person …

U.S. v. Kay, No. Crim.A. H-01-914 (S.D.Tex.) (200 F.Supp.2d 681) (April 18, 2002) (Judge David Hittner)

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

Filed under: Punch And Jurists, Foreign Corrupt Practices Act (FCPA)

U.S. v. Kay, No. Crim.A. H-01-914 (S.D.Tex.) (200 F.Supp.2d 681) (April 18, 2002) (Judge David Hittner) by The defendants in this case were charged by a 12-count indictment with violations of the Foreign Corrupt Practices Act of 1977 (FCPA), 15 U.S.C.S. §§ 78dd-1 et seq. Defendants moved to dismiss the …

Moskal v. U.S., No. 89-964 (U.S. Supreme Court) (498 U.S. 103; 111 S.Ct. 461) (December 3, 1990) (Justice Marshall)

Article • June 28, 2002

Filed under: Punch And Jurists, Rule of Lenity

Moskal v. U.S., No. 89-964 (U.S. Supreme Court) (498 U.S. 103; 111 S.Ct. 461) (December 3, 1990) (Justice Marshall) by The petitioner in this case appealed his conviction under 18 U.S.C. § 2314 for receiving washed titles with fraudulent odometer figures, knowing that they were "falsely made." The issue before …

Cedric Kushner Promotions, Ltd. v. King, No. 00-549 (U.S. Supreme Court) (533 U.S. 158; 121 S.Ct. 2087) (June 11, 2001) (Justice Breyer)

Article • November 25, 2001

Filed under: Punch And Jurists, Civil RICO

Cedric Kushner Promotions, Ltd. v. King, No. 00-549 (U.S. Supreme Court) (533 U.S. 158; 121 S.Ct. 2087) (June 11, 2001) (Justice Breyer) by In this civil RICO case, the Court held that corporate employees acting within the scope of their employment may be held liable for violations of the Racketeer …

Younger v. Harris, No. 2 (U.S. Supreme Court) (401 U.S. 37; 91 S.Ct. 746) (February 23, 1971) (Justice Black)

Article • November 5, 2001

Filed under: Punch And Jurists, Authority/Subject Matter Jurisdiction

Younger v. Harris, No. 2 (U.S. Supreme Court) (401 U.S. 37; 91 S.Ct. 746) (February 23, 1971) (Justice Black) by Case established principle that Federal courts cannot enjoin ongoing state criminal proceedings unless extraordinary circumstances are present. The Court also prohibited Federal courts from interfering in pending state civil cases …

U.S. v. Wolfe, No. 00-1942 (3rd Cir.) (245 F.3d 257) (March 29, 2001) (Judge Robert E. Cowen)

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

Filed under: Punch And Jurists, Threats

U.S. v. Wolfe, No. 00-1942 (3rd Cir.) (245 F.3d 257) (March 29, 2001) (Judge Robert E. Cowen) by

Ladner v. U.S., No. 2 (U.S. Supreme Court) (358 U.S. 169; 79 S.Ct. 209) (December 15, 2058) (Justice Brennan)

Article • March 24, 2001

Filed under: Punch And Jurists, Rule of Lenity

Ladner v. U.S., No. 2 (U.S. Supreme Court) (358 U.S. 169; 79 S.Ct. 209) (December 15, 2058) (Justice Brennan) by In this case the Court emasized that the Rule of Lenity is rooted in the due process requirement that Congress clearly articulate what conduct it has made criminal, stating: "'(W)hen …

U.S. v. Stout, No. 00-CR-20015 (C.D.Ill.) (109 F.Supp.2d 982) (August 9, 2000) (Judge Michael Patrick McCuskey)

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

Filed under: Punch And Jurists, Criminal Justice Act

U.S. v. Stout, No. 00-CR-20015 (C.D.Ill.) (109 F.Supp.2d 982) (August 9, 2000) (Judge Michael Patrick McCuskey) by Here the Court reduced a CJA attorney’s fee request some 64% where the attorney appeared ready to go to trial, while his successor quickly produced a guilty plea; but the case is most …

U.S. v. Coe, No. 99-3627 (7th Cir.) (220 F.3d 573) (July 18, 2000) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Senior Citizens Against Marketing Scams Act

U.S. v. Coe, No. 99-3627 (7th Cir.) (220 F.3d 573) (July 18, 2000) (Judge Joel L. Flaum) by The defendants in this case pled guilty to various crimes arising out of a mail and wire fraud scheme which targeted persons over the age of 55. The victims were told that …

U.S. v. Plummer, No. 99-13065 (11th Cir.) (221 F.3d 1298) (August 11, 2000) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Trading with the Enemy Act

U.S. v. Plummer, No. 99-13065 (11th Cir.) (221 F.3d 1298) (August 11, 2000) (Judge Stanley Marcus) by The defendant in this case, a dual U.S. and Bahamian citizen, was seized in a boat in international waters some 40 miles off the Florida coast while allegedly in possession of some $50,000 …

U.S. v. Martin, No. 00-1039 (1st Cir.) (228 F.3d 1) (September 28, 2000) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Economic Espionage Act

U.S. v. Martin, No. 00-1039 (1st Cir.) (228 F.3d 1) (September 28, 2000) (Judge Juan R. Torruella) by This case is a revealing example of the expanding role of criminal prosecutions pressed by corporations arising out of what were previously civil suits. It is also only the second court to …

U.S. v. Midgett, No. 99-4206 (4th Cir.) (198 F.3d 143) (November 30, 1999) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Commitment

U.S. v. Midgett, No. 99-4206 (4th Cir.) (198 F.3d 143) (November 30, 1999) (Judge William B. Jr. Traxler) by In this case the defendant entered a conditional guilty plea to the charge of possessing a firearm by a person who has been committed to a mental institution, in violation of …

U.S. v. Popa, No. 98-3017 (D.C. Cir.) (187 F.3d 672) (September 17, 1999) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Threats

U.S. v. Popa, No. 98-3017 (D.C. Cir.) (187 F.3d 672) (September 17, 1999) (Judge Douglas Ginsburg) by In this case, Popa, a political refugee from Romania who has resided in the US since 1986, made seven phone calls within one month to the office of the United States Attorney for …

U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne)

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

Filed under: Punch And Jurists, Criminal Justice Act

U.S. v. Brockman, No. 98-4127 (8th Cir.) (183 F.3d 891) (July 16, 1999) (Judge Wm. Matthew Jr. Byrne) by The Court stated: "The district court's factual determination that Brockman was financially able to afford representation was not clearly erroneous. The evidence presented showed that Brockman received 'living expenses' of about …

School Board of Nassau County v. Arline, No. 85-1277 (U.S. Supreme Court) (480 U.S. 273; 107 S.Ct. 1123) (March 3, 1987) (Justice Brennan)

Article • August 4, 1999

Filed under: Punch And Jurists, Rehabilitation Act of 1973

School Board of Nassau County v. Arline, No. 85-1277 (U.S. Supreme Court) (480 U.S. 273; 107 S.Ct. 1123) (March 3, 1987) (Justice Brennan) by In tis case, the Supreme Court held that a school teacher who was diagnosed with tuberculosis was a handicapped individual within the meaning of § 504 …

U.S. v. Freeman, No. 98-1817 (1st Cir.) (176 F.3d 575) (May 17, 1999) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Threats

U.S. v. Freeman, No. 98-1817 (1st Cir.) (176 F.3d 575) (May 17, 1999) (Judge Frank J. Magill) by In this case, the defendant made a total of eight interstate telephone calls to Child Find of America, Inc.'s hotline. This hotline is dedicated to locating missing children. During the first call, …

U.S. v. Rodgers, No. 83-620 (U.S. Supreme Court) (466 U.S. 475; 104 S.Ct. 1942) (April 30, 1984) (Justice Rehnquist)

Article • June 14, 1999

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Rodgers, No. 83-620 (U.S. Supreme Court) (466 U.S. 475; 104 S.Ct. 1942) (April 30, 1984) (Justice Rehnquist) by While this case held that 18 USC § 1001 encompasses criminal invesitgations conducted by the FBI and the Secret Service, it is noted for its holding that the rule of …

U.S. v. Goynes, No. 98-10240 (5th Cir.) (175 F.3d 350) (May 10, 1999) (Judge Reynaldo G. Garza)

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

Filed under: Punch And Jurists, Threats

U.S. v. Goynes, No. 98-10240 (5th Cir.) (175 F.3d 350) (May 10, 1999) (Judge Reynaldo G. Garza) by Here the defendant, an inmate, was convicted of sending threatening communications to two persons, and the sentencing court imposed the six-level enhancement set forth in U.S.S.G. § 2A6.1. At his sentencing hearing, …