Search | Punch and Jurists

U.S. v. Winestock, No. 02-6304 (4th Cir.) (340 F.3d 200) (April 25, 2003) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

U.S. v. Winestock, No. 02-6304 (4th Cir.) (340 F.3d 200) (April 25, 2003) (Judge William W. Jr. Wilkins) by In this case the District Court denied petitioner's request for habeas relief pursuant to 28 U.S.C. § 2255. Petitioner moved for reconsideration; the district court denied this motion. Petitioner appealed. The …

U.S. v. Panfil, No. 02-15627 (11th Cir.) (338 F.3d 1299) (July 25, 2003) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Panfil, No. 02-15627 (11th Cir.) (338 F.3d 1299) (July 25, 2003) (Per Curiam) by Here the Court rejected a challenge that 18 U.S.C. § 2422 was unconstitutionally overbroad and vague on its face. The defendant in this case pled guilty to using the Internet to persuade a minor …

U.S. v. Watkins, No. 02-2386 (3rd Cir.) (339 F.3d 167) (August 6, 2003) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists

U.S. v. Watkins, No. 02-2386 (3rd Cir.) (339 F.3d 167) (August 6, 2003) (Judge Thomas L. Ambro) by The two defendants in this case were arrested at the Philadelphia International Airport in July, 2001 for their alleged involvement as so-called "mules" in a cocaine trafficking network. Shortly thereafter, the Government …

U.S. v. Garcia, No. 03-10067 (9th Cir.) (340 F.3d 1013) (August 25, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Pending Appeal/Sentencing

U.S. v. Garcia, No. 03-10067 (9th Cir.) (340 F.3d 1013) (August 25, 2003) (Judge Stephen Reinhardt) by The two defendants in this case were former prison guards at the Pelican Bay State prison in California. They were convicted of conspiring with other correctional officers to organize stabbings, assaults, and intimidation …

In Re: Grand Jury Subpoena, No. 03-1269 (4th Cir.) (341 F.3d 331) (August 19, 2003) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Attorney/Client

In Re: Grand Jury Subpoena, No. 03-1269 (4th Cir.) (341 F.3d 331) (August 19, 2003) (Judge William W. Jr. Wilkins) by This case is noted as an example of how easy it is for the average person, untrained in the subtleties of the law, to waive valuable rights. The unnamed …

U.S. v. Fuentes, No. 02-2292 (10th Cir.) (341 F.3d 1216) (August 29, 2003) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists

U.S. v. Fuentes, No. 02-2292 (10th Cir.) (341 F.3d 1216) (August 29, 2003) (Judge Stephanie K. Seymour) by Here, joining with six other Circuits (the First, Second, Fourth, Fifth, Seventh and Ninth), the Tenth Circuit held that the Government is entitled to notice that the district court is considering a …

U.S. v. Rodriguez, No. 02-3679 (3rd Cir.) (342 F.3d 296) (September 4, 2003) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Minimal/Minor Participation

U.S. v. Rodriguez, No. 02-3679 (3rd Cir.) (342 F.3d 296) (September 4, 2003) (Judge Edward R. Becker) by The defendant in this case, Rafael Rodriguez, a drug “mule,” pled guilty to importing drugs from Panama. Pursuant to his plea agreement, the Government agreed not to oppose a two-level downward sentence …

U.S. v. Kincade, No. 02-50380 (9th Cir.) (345 F.3d 1095) (October 2, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, DNA Evidence/Testing

U.S. v. Kincade, No. 02-50380 (9th Cir.) (345 F.3d 1095) (October 2, 2003) (Judge Stephen Reinhardt) by Here, in a case of first impression for any Court of Appeals, a divided panel from the Ninth Circuit held that the forced extraction of blood from parolees pursuant to the DNA Analysis …

U.S. v. Rawlings, No. 02-4177 (7th Cir.) (341 F.3d 657) (September 3, 2003) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists

U.S. v. Rawlings, No. 02-4177 (7th Cir.) (341 F.3d 657) (September 3, 2003) (Judge Richard A. Posner) by Here the Court vacated a felon in possession conviction on the grounds of insufficient evidence, holding that an attempt to prove the possession element of the crime under Pinkerton's vicarious liability doctrine …

Thompson v. Louisville, No. 59 (U.S. Supreme Court) (362 U.S. 199; 80 S.Ct. 624) (March 21, 2060) (Justice Black)

Article • August 30, 2003

Filed under: Punch And Jurists, Sufficiency of Evidence

Thompson v. Louisville, No. 59 (U.S. Supreme Court) (362 U.S. 199; 80 S.Ct. 624) (March 21, 2060) (Justice Black) by The petitioner in this case was found guilty of loitering and disorderly conduct. He moved for dismissal of the charges, on the ground that a conviction would deprive him of …

Hamling v. U.S., No. 73-507 (U.S. Supreme Court) (418 U.S. 87; 94 S.Ct. 2887) (June 24, 1974) (Justice Rehnquist)

Article • August 30, 2003

Filed under: Punch And Jurists

Hamling v. U.S., No. 73-507 (U.S. Supreme Court) (418 U.S. 87; 94 S.Ct. 2887) (June 24, 1974) (Justice Rehnquist) by In a decision that afirmed the constitutionality of 18 USC § 1461 (mailing obscene materials), the court held that the test for determining whether an indictment is sufficient is whether …

Stanley v. Georgia, No. 293 (U.S. Supreme Court) (394 U.S. 557; 89 S.Ct. 1243) (April 7, 1969) (Justice Marshall)

Article • August 26, 2003

Filed under: Punch And Jurists, Privacy Act/Rights

Stanley v. Georgia, No. 293 (U.S. Supreme Court) (394 U.S. 557; 89 S.Ct. 1243) (April 7, 1969) (Justice Marshall) by The petitioner in this case was convicted under Georgia law for possessing obscene materials which were discovered by federal and state agents who were searching his house for evidence of …

Schlup v. Delo, No. 93-7901 (U.S. Supreme Court) (513 U.S. 298; 115 S.Ct. 851) (January 23, 1995) (Justice Stevens)

Article • August 25, 2003

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Schlup v. Delo, No. 93-7901 (U.S. Supreme Court) (513 U.S. 298; 115 S.Ct. 851) (January 23, 1995) (Justice Stevens) by In this case, the Court established a narrow gateway for overriding a petitioner's clear failure to meet deadlines and requirements for filing a timely petition in federal court - essentially …

Young v. Harper, No. 95-1598 (U.S. Supreme Court) (520 U.S. 143; 117 S.Ct. 1148) (March 19, 1997) (Justice Thomas)

Article • August 23, 2003

Filed under: Punch And Jurists

Young v. Harper, No. 95-1598 (U.S. Supreme Court) (520 U.S. 143; 117 S.Ct. 1148) (March 19, 1997) (Justice Thomas) by Here the Court held that an Oklahoma "preparole conditional supervision program" was sufficiently like parole to invoke the same pre-termination due process procedures afforded to parolees as outlined in Morrissey …

Douglas v. California, No. 34 (U.S. Supreme Court) (372 U.S. 353; 83 S.Ct. 814) (March 18, 2063) (Justice Douglas)

Article • August 21, 2003

Filed under: Appeals, Punch And Jurists

Douglas v. California, No. 34 (U.S. Supreme Court) (372 U.S. 353; 83 S.Ct. 814) (March 18, 2063) (Justice Douglas) by Here the Supreme Court established the principle that an indigent defendant's right to counsel extends to the first appeal; and that to deny counsel on appeal to an indigent defendant …

Kotteakos v. U.S., No. 457 (U.S. Supreme Court) (328 U.S. 750; 66 S.Ct. 1239) (June 10, 2046) (Justice Rutledge)

Article • August 14, 2003

Filed under: Punch And Jurists

Kotteakos v. U.S., No. 457 (U.S. Supreme Court) (328 U.S. 750; 66 S.Ct. 1239) (June 10, 2046) (Justice Rutledge) by While this is the Court's seminal case on the concept of "wheel conspiracies," it is principally known for establishing the standard for determining whether a nonconstitutional error is harmless or …

Chapman v. California, No. 95 (U.S. Supreme Court) (386 U.S. 18; 87 S.Ct. 824) (February 20, 2067) (Justice Black)

Article • August 14, 2003

Filed under: Punch And Jurists, Plain Error

Chapman v. California, No. 95 (U.S. Supreme Court) (386 U.S. 18; 87 S.Ct. 824) (February 20, 2067) (Justice Black) by This seminal case on the differences between plain and harmless error held that before a court can determine that an error is harmless it must be able to declare its …

Harris v. U.S., No. 92 (U.S. Supreme Court) (390 U.S. 234; 88 S.Ct. 992) (March 5, 2068) (Per Curiam)

Article • August 14, 2003

Filed under: Punch And Jurists, Searches - Inventory

Harris v. U.S., No. 92 (U.S. Supreme Court) (390 U.S. 234; 88 S.Ct. 992) (March 5, 2068) (Per Curiam) by In this case a police officer conducted an inventory search of an impounded vehicle (pursuant to regulations of the Metropolitan Police Department). After completing his search, the officer opened the …

Cooper v. Oklahoma, No. 95-5207 (U.S. Supreme Court) (517 U.S. 348; 116 S.Ct. 1373) (April 16, 1996) (Justice Stevens)

Article • August 12, 2003

Filed under: Punch And Jurists, Burden of Proof

Cooper v. Oklahoma, No. 95-5207 (U.S. Supreme Court) (517 U.S. 348; 116 S.Ct. 1373) (April 16, 1996) (Justice Stevens) by In this case a unanimous Court struck down a state statute requiring a criminal defendant to prove incompetence to stand trial by "clear and convincing evidence." The Court struck down …

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, …