Search | Punch and Jurists

U.S. v. Search of Law Office, Residence, No. 02-51031 (5th Cir.) (341 F.3d 404) (July 31, 2003) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Search of Law Office, Residence, No. 02-51031 (5th Cir.) (341 F.3d 404) (July 31, 2003) (Judge Patrick E. Higginbotham) by Here the Court held that a substantial showing of irreparable harm is required to permit a district court to entertain, on equitable grounds, a motion, pursuant to Rule …

U.S. v. Patterson, No. 01-6001 (6th Cir.) (340 F.3d 368) (August 15, 2003) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Patterson, No. 01-6001 (6th Cir.) (340 F.3d 368) (August 15, 2003) (Judge Boyce F. Jr. Martin) by Once in a great while, a decision comes down that dramatically highlights the enormous disparity that exists in the judicial community about what constitutes “reasonable suspicion” under the Fourth Amendment. This …

U.S. v. Pena, No. Crim. No. 02-10344-NG (D.Mass.) (268 F.Supp.2d 65) (June 2, 2003) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Pena, No. Crim. No. 02-10344-NG (D.Mass.) (268 F.Supp.2d 65) (June 2, 2003) (Judge Nancy Gertner) by The defendant in this case pled guilty to unlawful re-entry of a deported alien, in violation of 8 U.S.C. § 1326 and urged a sentence at the low end of the applicable …

U.S. v. Mussayek, No. 02-1924 (3rd Cir.) (338 F.3d 245) (August 6, 2003) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists

U.S. v. Mussayek, No. 02-1924 (3rd Cir.) (338 F.3d 245) (August 6, 2003) (Judge Marjorie O. Rendell) by Alex Mussayek emigrated from Israel to the United States in 1979. He settled in Brooklyn with his family, and established himself as the owner of a small flower and candy business. Over …

U.S. v. Ceballos, No. 01-1431 (2nd Cir.) (340 F.3d 115) (August 14, 2003) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Bribes and Gratuities

U.S. v. Ceballos, No. 01-1431 (2nd Cir.) (340 F.3d 115) (August 14, 2003) (Judge Amalya Lyle Kearse) by Conviction of conspiracy to bribe a public official, in violation of 18 U.S.C. §§ 201(b)(1)(A) and 371 is reversed where evidence at trial was insufficient to permit an inference that defendant was …

U.S. v. Wells, No. 02-2233 (8th Cir.) (347 F.3d 280) (October 17, 2003) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists

U.S. v. Wells, No. 02-2233 (8th Cir.) (347 F.3d 280) (October 17, 2003) (Judge Kermit Edward Bye) by Here the Court held that where the defendant's first trial resulted in acquittal on two counts of possession and a hung jury and mistrial on the third count, double jeopardy did not …

U.S. v. Palladino, No. 03-1146 (2nd Cir.) (347 F.3d 29) (October 10, 2003) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Palladino, No. 03-1146 (2nd Cir.) (347 F.3d 29) (October 10, 2003) (Judge Jose A. Cabranes) by We found this to be a surprising decision - and a classic example of the proverb “beware what you wish for.” Here, the defendant, John Palladino, won a “victory” by convincing the …

Baldayaque v. U.S., No. 02-2611 (2nd Cir.) (338 F.3d 145) (July 30, 2003) (Judge Thomas J. Meskill)

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

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

Baldayaque v. U.S., No. 02-2611 (2nd Cir.) (338 F.3d 145) (July 30, 2003) (Judge Thomas J. Meskill) by Here, clarifying its prior decision in Smaldone v. Senkowski, 273 F.3d 133, the Court held that attorney conduct that is "suficiently egregious" may be enough to toll a statute of limitations for …

Singleton v. Norris, No. 02-10605 (U.S. Supreme Court) (540 U.S. 832; 124 S.Ct. 74) (October 6, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Singleton v. Norris, No. 02-10605 (U.S. Supreme Court) (540 U.S. 832; 124 S.Ct. 74) (October 6, 2003) (Per Curiam) by In 1979, Charles Singleton, an African-American, killed Mary Lou York, an elderly white grocery clerk. He was tried, convicted and sentenced to death for that crime later that same year; …

U.S. v. Stokes, No. 03-4067 (4th Cir.) (347 F.3d 103) (October 15, 2003) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Threats

U.S. v. Stokes, No. 03-4067 (4th Cir.) (347 F.3d 103) (October 15, 2003) (Judge William W. Jr. Wilkins) by After the defendant in this case pled guilty to mailing a threatening communication in violation of 18 U.S.C. § 876(c), he was sentenced to a term of 21 months imprisonment. The …

U.S. v. Twine, No. 03-10393 (9th Cir.) (344 F.3d 987) (September 19, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Danger to the Community

U.S. v. Twine, No. 03-10393 (9th Cir.) (344 F.3d 987) (September 19, 2003) (Per Curiam) by Here, joining the First, Third and Fifth Circuits, the Ninth Circuit held that the Bail Reform Act (18 U.S.C. § 3142) does not authorize pretrial detention based solely upon a finding of dangerousness to …

U.S. v. Cruz-Garcia, No. 02-10275 (9th Cir.) (344 F.3d 951) (September 17, 2003) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cruz-Garcia, No. 02-10275 (9th Cir.) (344 F.3d 951) (September 17, 2003) (Judge Alex Kozinski) by In this case, the Ninth Circuit sharply criticized both the district court and the prosecutor for their roles in preventing the defense from presenting rebuttal evidence about the prosecution’s star witness’s prior crimes. …

U.S. v. Kirsch, No. Crim. No. 02-288 (D.Minn.) (287 F.Supp.2d 1005) (October 17, 2003) (Judge Paul A. Magnuson)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Kirsch, No. Crim. No. 02-288 (D.Minn.) (287 F.Supp.2d 1005) (October 17, 2003) (Judge Paul A. Magnuson) by In this brief Sentencing Memorandum, Judge Magnuson lashed out at recent attempts by Congress and the Justice Department to bully judges into imposing tough sentences - calling the efforts an "unwarranted …

Yarborough v. Gentry, No. 02-1597 (U.S. Supreme Court) (540 U.S. 1; 124 S.Ct. 1) (October 20, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Strickland Standard

Yarborough v. Gentry, No. 02-1597 (U.S. Supreme Court) (540 U.S. 1; 124 S.Ct. 1) (October 20, 2003) (Per Curiam) by Here the Court summarily reversed a Ninth Circuit decision that had granted habeas relief to a death row inmate on the grounds that his counsel had been per se ineffective …

U.S. v. Almeida, No. 01-11553 (11th Cir.) (341 F.3d 1318) (August 18, 2003) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists, Joint Defense Agreement

U.S. v. Almeida, No. 01-11553 (11th Cir.) (341 F.3d 1318) (August 18, 2003) (Judge Gerald B. Tjoflat) by Here the Court held that once a party to a joint defense agreement agrees to cooperate with the government and testify against co-defendants/co-conspirators, he waives any privilege he may have enjoyed as …

In Re: Grand Jury Material Witness Detention, No. 3:03-49-MISC-CR (D.Or.) (271 F.Supp.2d 1266) (April 7, 2003) (Judge Robert E. Jones)

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

Filed under: Punch And Jurists, Material Witness Statute

In Re: Grand Jury Material Witness Detention, No. 3:03-49-MISC-CR (D.Or.) (271 F.Supp.2d 1266) (April 7, 2003) (Judge Robert E. Jones) by In this brief order, Judge Jones concluded that a grand jury proceeding constitutes a “criminal proceeding” within the meaning of the Material Witness Statute (18 U.S.C. § 3144). Accordingly, …

U.S. v. Frazier, No. 02-1824 (1st Cir.) (340 F.3d 5) (August 18, 2003) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Scope/Standard of Review

U.S. v. Frazier, No. 02-1824 (1st Cir.) (340 F.3d 5) (August 18, 2003) (Judge Kermit A. Lipez) by Here the Court held that “there is nothing in the language of the PROTECT Act which limits its applicability to downward departures” and thus it concluded that “§ 401(d) of the PROTECT …

Johnson v. Daley, No. 00-3981 (7th Cir.) (339 F.3d 582) (August 19, 2003) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Johnson v. Daley, No. 00-3981 (7th Cir.) (339 F.3d 582) (August 19, 2003) (Judge Frank H. Easterbrook) by Here a plurality of the Court reversed a district court ruling that had held that the attorney fee restrictions contained in the PLRA were unconstitutional, concluding, over a bitter dissent, that such …

Canadian Coalition Against Death Penalty v. Ryan, No. CIV 02-1344-PHX-EHC (D.Ariz.) (269 F.Supp.2d 1199) (May 19, 2003) (Judge Earl H. Carroll)

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

Filed under: Punch And Jurists

Canadian Coalition Against Death Penalty v. Ryan, No. CIV 02-1344-PHX-EHC (D.Ariz.) (269 F.Supp.2d 1199) (May 19, 2003) (Judge Earl H. Carroll) by This case makes one wonder if the State of Arizona - or at least its prison system - is still part of the United States of America. The …

Paine v. Massie, No. 01-6437 (10th Cir.) (339 F.3d 1194) (August 11, 2003) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Battered Child/Spouse Evidence

Paine v. Massie, No. 01-6437 (10th Cir.) (339 F.3d 1194) (August 11, 2003) (Judge Paul J. Jr. Kelly) by Here the Court held that the failure of defense counsel to offer any expert testimony regarding battered woman syndrome to support the petitioner’s claim of self-defense constituted ineffective assistance of counsel …