Search | Punch and Jurists

U.S. v. Torres-Aquino, No. 02-2075 (10th Cir.) (334 F.3d 939) (July 2, 2003) (Judge Terrence L. O'Brien)

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

Filed under: Punch And Jurists, Guideline Amendment/Variances and Retroactivity

U.S. v. Torres-Aquino, No. 02-2075 (10th Cir.) (334 F.3d 939) (July 2, 2003) (Judge Terrence L. O'Brien) by Here the Court held that Guideline Amendment 632, which replaced the 16-level increase in offense level previously mandated for illegal reentry defendants with aggravated felonies with an 8 to 16 level increase …

U.S. v. Mayle, No. 01-3696 (6th Cir.) (334 F.3d 552) (July 1, 2003) (Judge Robert Holmes Bell)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Mayle, No. 01-3696 (6th Cir.) (334 F.3d 552) (July 1, 2003) (Judge Robert Holmes Bell) by Here the Court upheld a 23-level upward departure and resulting 30 year increase in the sentence of a defendant convicted of forgery and cashing a victim’s social security checks and which called …

U.S. v. Williams, No. CR 102-011 (S.D.Ga.) (260 F.Supp.2d 1368) (May 7, 2003) (Judge Dudley H. Jr. Bowen)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Williams, No. CR 102-011 (S.D.Ga.) (260 F.Supp.2d 1368) (May 7, 2003) (Judge Dudley H. Jr. Bowen) by

U.S. v. Battle, No. 1:01-cv-2620-ODE (S.D.Ga.) (264 F.Supp.2d 1088) (April 30, 2003) (Judge Orinda D. Evans)

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

Filed under: Punch And Jurists

U.S. v. Battle, No. 1:01-cv-2620-ODE (S.D.Ga.) (264 F.Supp.2d 1088) (April 30, 2003) (Judge Orinda D. Evans) by In this lengthy, 260-page decision, Judge Evans held that the rule established in Ring v. Arizona, 536 U.S. 584 (2002), was merely a new rule of criminal procedure that could not be applied …

Gordon v. U.S., No. 182 (U.S. Supreme Court) (344 U.S. 414; 73 S.Ct. 369) (February 2, 2053) (Justice Jackson)

Article • July 31, 2003

Filed under: Punch And Jurists, Cooperation Agreements

Gordon v. U.S., No. 182 (U.S. Supreme Court) (344 U.S. 414; 73 S.Ct. 369) (February 2, 2053) (Justice Jackson) by In this case the Court granted certiorari to review a decision of the Seventh Circuit, which affirmed petitioners' conviction for unlawful possession and transportation of goods stolen while in interstate …

Spencer v. Kemna, No. 96-7171 (U.S. Supreme Court) (523 U.S. 1; 118 S.Ct. 978) (March 3, 1998) (Justice Scalia)

Article • July 26, 2003

Filed under: Punch And Jurists

Spencer v. Kemna, No. 96-7171 (U.S. Supreme Court) (523 U.S. 1; 118 S.Ct. 978) (March 3, 1998) (Justice Scalia) by In this case the petitioner brought a habeas action challenging an order revoking his parole and returning him to prison to complete his original term of imprisonment. By the time …

Kentucky v. Stincer, No. 86-572 (U.S. Supreme Court) (482 U.S. 730; 107 S.Ct. 2658) (June 19, 1987) (Justice Blackmun)

Article • July 24, 2003

Filed under: Punch And Jurists, Right to be Present

Kentucky v. Stincer, No. 86-572 (U.S. Supreme Court) (482 U.S. 730; 107 S.Ct. 2658) (June 19, 1987) (Justice Blackmun) by The defendant in this case was convicted of first-degree sodomy for engaging in deviate sexual intercourse in violation of Ky. Rev. Stat. Ann. § 510.070. During the trial, an in-chambers …

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist)

Article • July 24, 2003

Filed under: Punch And Jurists, Drug Mixtures/Purity

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist) by In this case the defendants were convicted of selling 10 sheets of blotter paper containing 1,000 doses of LSD in violation of 21 U.S.C. § 841(a). Although the LSD alone …

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist)

Article • July 24, 2003

Filed under: Punch And Jurists, Rule of Lenity

Chapman v. U.S., No. 91-5744 (U.S. Supreme Court) (500 U.S. 453; 111 S.Ct. 1919) (May 30, 1991) (Justice Rehnquist) by In this case the Court acknowledged that, under the rule of lenity, a court should not interpret a statute to increase the punishment imposed on an individual when such an …

Dunn v. U.S., No. 393 (U.S. Supreme Court) (284 U.S. 390; 52 S.Ct. 189) (January 11, 2032) (Justice Holmes)

Article • July 22, 2003

Filed under: Punch And Jurists

Dunn v. U.S., No. 393 (U.S. Supreme Court) (284 U.S. 390; 52 S.Ct. 189) (January 11, 2032) (Justice Holmes) by Over the strong dissent of Justice Butler, the Court held that consistency in verdicts is not required.

Dunn v. U.S., No. 393 (U.S. Supreme Court) (284 U.S. 390; 52 S.Ct. 189) (January 11, 2032) (Justice Holmes)

Article • July 22, 2003

Filed under: Punch And Jurists, Jury Nullification

Dunn v. U.S., No. 393 (U.S. Supreme Court) (284 U.S. 390; 52 S.Ct. 189) (January 11, 2032) (Justice Holmes) by In this case the Court also characterized the practice of jury nullification as the "assumption of a power" which a jury has "no right to exercise." (Id., at 393).

U.S. v. Wells, No. 95-1228 (U.S. Supreme Court) (519 U.S. 482; 117 S.Ct. 921) (February 26, 1997) (Justice Souter)

Article • July 22, 2003

Filed under: Punch And Jurists, Materiality

U.S. v. Wells, No. 95-1228 (U.S. Supreme Court) (519 U.S. 482; 117 S.Ct. 921) (February 26, 1997) (Justice Souter) by Two years after the Supreme Court Court's decision in U.S. v. Gaudin, 515 U.S. 506, the Court held that materiality of a falsehood is not an essential element of a …

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam)

Article • July 22, 2003

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam) by In this landmark case, the Court held that a sentencing court may consider conduct underlying counts for which the defendant has been acquitted as a means of enhancing his sentence …

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam)

Article • July 22, 2003

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

U.S. v. Watts, No. 95-1906 (U.S. Supreme Court) (519 U.S. 148; 117 S.Ct. 633) (January 6, 1997) (Per Curiam) by Some comments on the Supreme Court's landmark decision which held that a jury's verdict of acquittal on certain counts is not a bar to consideration of the conduct underlying such …

Chiarella v. U.S., No. 78-1202 (U.S. Supreme Court) (445 U.S. 222; 100 S.Ct. 1108) (March 18, 1980) (Justice Powell)

Article • July 16, 2003

Filed under: Punch And Jurists, Misappropriation Liability/Theory

Chiarella v. U.S., No. 78-1202 (U.S. Supreme Court) (445 U.S. 222; 100 S.Ct. 1108) (March 18, 1980) (Justice Powell) by In this case the petitioner was an employee of a financial printer which produced announcements for corporate takeover bids. As a result of his position, he became aware of tender …

Michigan v. Chesternut, No. 86-1824 (U.S. Supreme Court) (486 U.S. 567; 108 S.Ct. 1975) (June 13, 1988) (Justice Blackmun)

Article • July 14, 2003

Filed under: Punch And Jurists, Terry Stops

Michigan v. Chesternut, No. 86-1824 (U.S. Supreme Court) (486 U.S. 567; 108 S.Ct. 1975) (June 13, 1988) (Justice Blackmun) by Observing the approach of a police car on routine patrol, respondent began to run. The police followed him "to see where he was going," and, after catching up with him …

Brogan v. U.S., No. 96-1579 (U.S. Supreme Court) (522 U.S. 398; 118 S.Ct. 805) (January 26, 1998) (Justice Scalia)

Article • July 9, 2003

Filed under: Punch And Jurists, Exculpatory No Doctrine

Brogan v. U.S., No. 96-1579 (U.S. Supreme Court) (522 U.S. 398; 118 S.Ct. 805) (January 26, 1998) (Justice Scalia) by In this case, Federal agents contacted Brogan at his home and, after a partial advisement of rights, asked if he had received any cash or illegal gifts when he was …

Scheidler v. Nat'l Org. for Women, Inc., No. 01-1118 (U.S. Supreme Court) (537 U.S. 393; 123 S.Ct. 1057) (February 26, 2003) (Justice Rehnquist)

Article • July 8, 2003

Filed under: Punch And Jurists, Civil RICO

Scheidler v. Nat'l Org. for Women, Inc., No. 01-1118 (U.S. Supreme Court) (537 U.S. 393; 123 S.Ct. 1057) (February 26, 2003) (Justice Rehnquist) by In this case the Supreme Court overturned a federal racketeering judgment against a coalition of anti-abortion groups that had conducted a widespread campaign of disrupting and …

Richards v. Wisconsin, No. 96-5955 (U.S. Supreme Court) (520 U.S. 385; 117 S.Ct. 1416) (April 28, 1997) (Justice Stevens)

Article • July 6, 2003

Filed under: Punch And Jurists, Searches - Knock and Announce

Richards v. Wisconsin, No. 96-5955 (U.S. Supreme Court) (520 U.S. 385; 117 S.Ct. 1416) (April 28, 1997) (Justice Stevens) by In this case the Supreme Court built upon its earlier ruling in Wilson v. Arkansas, 514 U.S. 927 (1995) and articulated some of the circumstances under which an unannounced entry …

City of Boerne v. Flores, No. 95-2074 (U.S. Supreme Court) (521 U.S. 507; 117 S.Ct. 2157) (June 25, 1997) (Justice Kennedy)

Article • July 5, 2003

Filed under: Religious Freedom Restoration Act, Punch And Jurists

City of Boerne v. Flores, No. 95-2074 (U.S. Supreme Court) (521 U.S. 507; 117 S.Ct. 2157) (June 25, 1997) (Justice Kennedy) by The Supreme Court decided that, in enacting the Religious Freedom Restoration Act (RFRA), Congress had impermissibly attempted to expand the scope of substantive constitutional rights under the Fourteenth …