Search | Punch and Jurists

U.S. v. Montalvo, No. 01-17046 (9th Cir.) (331 F.3d 1052) (June 9, 2003) (Per Curiam)

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

Filed under: Punch And Jurists

U.S. v. Montalvo, No. 01-17046 (9th Cir.) (331 F.3d 1052) (June 9, 2003) (Per Curiam) by Here, while the Court agreed that the defendant was entitled to challenge his CCE conviction based on a retroactive application of Richardson v. U.S., the error that occurred was harmless based on the Court's …

U.S. v. Love, No. 02-3466 (8th Cir.) (329 F.3d 981) (May 30, 2003) (Judge Lavenski R. Smith)

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

Filed under: Punch And Jurists

U.S. v. Love, No. 02-3466 (8th Cir.) (329 F.3d 981) (May 30, 2003) (Judge Lavenski R. Smith) by District court erred in limiting cross-examination of a crucial government witness about his mental illness and memory impairment, as evidence was relevant to the witness's ability to recall and recount events that …

U.S. v. Trejo-Islas, No. 2:02CR01518 (D.Utah) (248 F.Supp.2d 1072) (August 14, 2002) (Judge David Sam)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Trejo-Islas, No. 2:02CR01518 (D.Utah) (248 F.Supp.2d 1072) (August 14, 2002) (Judge David Sam) by The defendant in this case sought to suppress all post-arrest statements he made on the grounds that such statements resulted from custodial interrogation in coercive circumstances and/ or were obtained in violation of his …

U.S. v. Allen, No. 01 CR 756-02(SAS) (S.D.N.Y.) (250 F.Supp.2d 317) (January 3, 2003) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists

U.S. v. Allen, No. 01 CR 756-02(SAS) (S.D.N.Y.) (250 F.Supp.2d 317) (January 3, 2003) (Judge Shira A. Scheindlin) by Here the Court granted an eight-level downward departure due to the defendant's diminished capacity - not based on U.S.S.G. § 5K2.13 (since his mental condition was not outside th Guidelines "heartland") …

U.S. v. Correa-Gomez, No. 01-6542 (6th Cir.) (328 F.3d 297) (May 9, 2003) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists

U.S. v. Correa-Gomez, No. 01-6542 (6th Cir.) (328 F.3d 297) (May 9, 2003) (Judge Allen E. Norris) by In U.S. v. Correa-Gomez, 169 F.Supp.2d 748 (E.D.Ky. 2001) (P&J, 10/22/01) (Correa-Gomez I), Judge Wilhoit dismissed an indictment with prejudice. The Hispanic defendant in that case was charged with the harboring of …

U.S. v. Sanchez, No. 02-10180 (5th Cir.) (325 F.3d 600) (March 17, 2003) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Judicial Hostility

U.S. v. Sanchez, No. 02-10180 (5th Cir.) (325 F.3d 600) (March 17, 2003) (Judge Patrick E. Higginbotham) by Here the Court rejected a claim of prejudicial judicial hostility through comments and questioning of witnesses, stating that while some of the district court's interventions may have been "inadvisable," they did not …

Cervantes v. U.S., No. 01-56929 (9th Cir.) (330 F.3d 1186) (June 2, 2003) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Cervantes v. U.S., No. 01-56929 (9th Cir.) (330 F.3d 1186) (June 2, 2003) (Judge Kim McLane Wardlaw) by Here the Court soundly rejected, as “patently without merit,” the Government’s defense of immunity in this Federal Tort Claims suit for damages, stating that its attempt to use an obscure statutory exemption …

McMillan v. Jarvis, No. 02-6266 (4th Cir.) (332 F.3d 244) (June 12, 2003) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Dismissal

McMillan v. Jarvis, No. 02-6266 (4th Cir.) (332 F.3d 244) (June 12, 2003) (Judge William B. Jr. Traxler) by Here the Court held that the notification requirement in Hill v. Braxton, 277 F.3d 701 (4th Cir. 2002), requiring a federal habeas court to notify a pro se petitioner that his …

U.S. v. Smith, No. 02-1606 (2nd Cir.) (331 F.3d 292) (June 9, 2003) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Smith, No. 02-1606 (2nd Cir.) (331 F.3d 292) (June 9, 2003) (Judge Pierre N. Leval) by In this brief decision, the Second Circuit rather sharply rebuked Judge McKenna of the S.D.N.Y. for granting the defendant a downward departure based on family circumstances, pursuant to U.S.S.G. § 5H1.6. The …

U.S. v. Corona-Chavez, No. 02-2647 (8th Cir.) (328 F.3d 974) (May 15, 2003) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Stalking Horse

U.S. v. Corona-Chavez, No. 02-2647 (8th Cir.) (328 F.3d 974) (May 15, 2003) (Judge John R. Gibson) by This case is noted as another example of what appears to be a growing law enforcement tactic: the use of confidential informants as stalking horses to obviate the need to comply with …

Chavez v. Martinez, No. 01-1444 (U.S. Supreme Court) (538 U.S. 760; 123 S.Ct. 1994) (May 27, 2003) (Justice Thomas)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Chavez v. Martinez, No. 01-1444 (U.S. Supreme Court) (538 U.S. 760; 123 S.Ct. 1994) (May 27, 2003) (Justice Thomas) by In this case, a wildly fractured Supreme Court held that a police interrogation of a gravely wounded suspect in the absence of Miranda warnings does not violate the suspect’s Fifth …

Haley v. Cockrell, No. 01-41389 (5th Cir.) (325 F.3d 569) (March 19, 2003) (Per Curiam)

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

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

Haley v. Cockrell, No. 01-41389 (5th Cir.) (325 F.3d 569) (March 19, 2003) (Per Curiam) by See subsequent reversal by the Supreme Court at Dretke v. Haley, No. 02-1824 (May 3, 2004).

U.S. v. Thornton, No. 02-4382 (4th Cir.) (325 F.3d 189) (April 3, 2003) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Thornton, No. 02-4382 (4th Cir.) (325 F.3d 189) (April 3, 2003) (Judge Diana Gribbon Motz) by The issue before the Court in this case was whether police officers can legally search an arrestee’s automobile as part of a valid search incident to arrest when the arrestee was not …

Jones v. Berge, No. 00-C-0130 (E.D.Wisc.) (246 F.Supp.2d 1045) (February 21, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists

Jones v. Berge, No. 00-C-0130 (E.D.Wisc.) (246 F.Supp.2d 1045) (February 21, 2003) (Judge Lynn S. Adelman) by The petitioner, Dennis Jones, a Wisconsin state prisoner, sought an application for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2254, challenging his 1995 convictions of armed robbery, felon in possession …

Griffin v. U.S., No. 01-3818 (6th Cir.) (330 F.3d 733) (June 4, 2003) (Judge Avern Levin Cohn)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

Griffin v. U.S., No. 01-3818 (6th Cir.) (330 F.3d 733) (June 4, 2003) (Judge Avern Levin Cohn) by The petitioner-inmate petitioned for a writ of habeas corpus pursuant to 28 U.S.C.S. § 2255, challenging his conviction for distribution of cocaine base. After the District Court denied the petition, the inmate …

Alabama v. Bozeman, No. 00-492 (U.S. Supreme Court) (533 U.S. 146; 121 S.Ct. 2079) (June 11, 2001) (Justice Breyer)

Article • April 30, 2003 • from P&J May, 2001

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

Alabama v. Bozeman, No. 00-492 (U.S. Supreme Court) (533 U.S. 146; 121 S.Ct. 2079) (June 11, 2001) (Justice Breyer) by In this case the Supreme Court held that the Interstate Agreement on Detainers (IAD) does not allow courts to overlook brief violations of it provisions that forbid a participating state …

Calcano-Martinez v. I.N.S., No. 00-1011 (U.S. Supreme Court) (533 U.S. 348; 121 S.Ct. 2268) (June 25, 2001) (Justice Stevens)

Article • April 30, 2003 • from P&J June, 2001

Filed under: Punch And Jurists, Jurisdiction

Calcano-Martinez v. I.N.S., No. 00-1011 (U.S. Supreme Court) (533 U.S. 348; 121 S.Ct. 2268) (June 25, 2001) (Justice Stevens) by Calcano-Martinez v. I.N.S., 533 U.S. 348 (2001) (Justice Stevens) I.N.S. v. St. Cyr, 533 U.S. 289 (2001) (Justice Stevens) In this pair of decisions, the Supreme Court held that 1996 …

Witte v. U.S., No. 94-6187 (U.S. Supreme Court) (515 U.S. 389; 115 S.Ct. 2199) (June 14, 1995) (Justice O'Connor)

Article • April 27, 2003

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

Witte v. U.S., No. 94-6187 (U.S. Supreme Court) (515 U.S. 389; 115 S.Ct. 2199) (June 14, 1995) (Justice O'Connor) by This is an important relevant conduct case which held that where Congress has authorized a partucular punishment range for a given crime, any punishment within that range constitutes punishment only …

Lopez v. U.S., No. 236 (U.S. Supreme Court) (373 U.S. 427; 83 S.Ct. 1381) (May 27, 2063) (Justice Harlan)

Article • April 23, 2003

Filed under: Punch And Jurists, Tape Recordings

Lopez v. U.S., No. 236 (U.S. Supreme Court) (373 U.S. 427; 83 S.Ct. 1381) (May 27, 2063) (Justice Harlan) by Here the Court held that a defendant lacks a Fourth Amendment privacy interest in the recording of statements made to a government agent and, therefore, such consensual audio recordings do …

U.S. v. White, No. 13 (U.S. Supreme Court) (401 U.S. 745; 91 S.Ct. 1122) (April 5, 1971) (Justice White)

Article • April 23, 2003

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. White, No. 13 (U.S. Supreme Court) (401 U.S. 745; 91 S.Ct. 1122) (April 5, 1971) (Justice White) by The issue presented in this case was whether the Fourth Amendment bars from evidence the testimony of governmental agents who related certain conversations which had occurred between defendant White and …