Search | Punch and Jurists

Montana v. Egelhoff, No. 95-566 (U.S. Supreme Court) (518 U.S. 37; 116 S.Ct. 2013) (June 13, 1996) (Justice Scalia)

Article • April 9, 2003

Filed under: Punch And Jurists, Defense - Right to Present

Montana v. Egelhoff, No. 95-566 (U.S. Supreme Court) (518 U.S. 37; 116 S.Ct. 2013) (June 13, 1996) (Justice Scalia) by In this case the Supreme Court was faced with the issue of the admissibility of voluntary intoxication evidence under Montana’s “deliberate homicide” statute. The opinion was issued by a four-person …

Nix v. Whiteside, No. 84-1321 (U.S. Supreme Court) (475 U.S. 157; 106 S.Ct. 988) (February 26, 1986) (Justice Burger)

Article • April 9, 2003

Filed under: Punch And Jurists, Ethical Restraints

Nix v. Whiteside, No. 84-1321 (U.S. Supreme Court) (475 U.S. 157; 106 S.Ct. 988) (February 26, 1986) (Justice Burger) by In this seminal case, a defense attorney balked at his client's insistence on committing perjury, and on appeal to the Supreme Court the issue addressed was whether the Sixth Amendment …

Rock v. Arkansas, No. 86-130 (U.S. Supreme Court) (483 U.S. 44; 107 S.Ct. 2704) (June 22, 1987) (Justice Blackmun)

Article • April 8, 2003

Filed under: Punch And Jurists, Defense - Right to Present

Rock v. Arkansas, No. 86-130 (U.S. Supreme Court) (483 U.S. 44; 107 S.Ct. 2704) (June 22, 1987) (Justice Blackmun) by In this case, the petitioner was charged with manslaughter in the shooting death of her husband. Unable to remember the precise details of the shooting, the petitioner underwent hypnosis twice. …

Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell)

Article • April 8, 2003

Filed under: Punch And Jurists, Defense - Right to Present

Chambers v. Mississippi, No. 71-5908 (U.S. Supreme Court) (410 U.S. 284; 93 S.Ct. 1038) (February 21, 1973) (Justice Powell) by In this case the strict application of certain Mississippi rules of evidence thwarted the petitioner's attempts to present his version of the facts during his murder trial. Based on the …

Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren)

Article • April 8, 2003

Filed under: Punch And Jurists, Defense - Right to Present

Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren) by At issue in this case was a Texas procedural rule that barred persons charged or convicted as coparticipants in the same crime from testifying on behalf of each other, although …

U.S. v. Jeffers, No. 02-1286 (2nd Cir.) (329 F.3d 94) (April 8, 2003) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists

U.S. v. Jeffers, No. 02-1286 (2nd Cir.) (329 F.3d 94) (April 8, 2003) (Judge Chester J. Straub) by Here the Court held that safety valve relief under either USSG § 5C1.2 or § 2D1.1(b)(6) is not discretionary: if the defendant meets the specified criteria, the sentencing court must grant the …

Bugh v. Mitchell, No. 01-3417 (6th Cir.) (329 F.3d 496) (May 13, 2003) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists, Confrontation Clause/Rights

Bugh v. Mitchell, No. 01-3417 (6th Cir.) (329 F.3d 496) (May 13, 2003) (Judge R. Guy Jr. Cole) by This case is noted for its current and very comprehensive review of some of the critical Confrontation Clause issues involved in the field of child sex crime cases - one of …

Demore v. Kim, No. 01-1491 (U.S. Supreme Court) (538 U.S. 510; 123 S.Ct. 1708) (April 29, 2003) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Limitations on Period of Detention

Demore v. Kim, No. 01-1491 (U.S. Supreme Court) (538 U.S. 510; 123 S.Ct. 1708) (April 29, 2003) (Justice Rehnquist) by Here a divided Court upheld the mandatory detention of lawful permanent residents who have been convicted of “aggravated felonies” without first giving them a chance to show that they present …

Ortiz v. McBride, No. 02-0088 (2nd Cir.) (323 F.3d 191) (March 21, 2003) (Per Curiam)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Ortiz v. McBride, No. 02-0088 (2nd Cir.) (323 F.3d 191) (March 21, 2003) (Per Curiam) by The inmate-plaintiff in this case, acting pro se, appealed an order from the District Court for the Eastern District of New York's dismissing the claims he brought pursuant to 42 U.S.C. § 1983 for …

Silveira v. Lockyer, No. 01-15098 (9th Cir.) (328 F.3d 567) (May 6, 2003) (Per Curiam)

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

Filed under: Punch And Jurists

Silveira v. Lockyer, No. 01-15098 (9th Cir.) (328 F.3d 567) (May 6, 2003) (Per Curiam) by Here, with six judges dissenting, the Ninth Circuit refused to grant an en banc rehearing to the decision previously reported at 312 F.3d 1052, which held that the Second Amendment does not give individuals …

U.S. v. Stepney, No. CR 01-0344 MHP (N.D.Cal.) (246 F.Supp.2d 1069) (February 11, 2003) (Judge Marilyn H. Patel)

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

Filed under: Punch And Jurists, Joint Defense Agreement

U.S. v. Stepney, No. CR 01-0344 MHP (N.D.Cal.) (246 F.Supp.2d 1069) (February 11, 2003) (Judge Marilyn H. Patel) by The nearly 30 defendants in this case were charged, in a series of three indictments, with over 70 substantive felony counts, relating to their alleged participation in a criminal enterprise street …

U.S. v. Arnett, No. 00-10170 (9th Cir.) (327 F.3d 845) (April 24, 2003) (Judge Richard C. Tallman)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. Arnett, No. 00-10170 (9th Cir.) (327 F.3d 845) (April 24, 2003) (Judge Richard C. Tallman) by Timothy Arnett was arrested after robbing a bank in Medford, OR. He then confessed to several additional bank robberies in California. He was eventually indicted in both Oregon and California on a …

U.S. v. Hansen, No. Crim. No. 01-10196-NG (D.Mass.) (256 F.Supp.2d 65) (February 14, 2003) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Reasonable Foreseeability

U.S. v. Hansen, No. Crim. No. 01-10196-NG (D.Mass.) (256 F.Supp.2d 65) (February 14, 2003) (Judge Nancy Gertner) by The defendant in this case and a co-defendant stole a vehicle, which was later used in the robbery of an armed car and in the death of an armored guard. Although defendant …

U.S. v. Burgos, No. 02-1234 (2nd Cir.) (324 F.3d 88) (March 25, 2003) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Burgos, No. 02-1234 (2nd Cir.) (324 F.3d 88) (March 25, 2003) (Judge Dennis G. Jacobs) by Here the Court reversed a three-level enhancement of the defendant’s sentence pursuant to U.S.S.G. § 3B1.3(b) on the grounds that the district court’s finding that the defendant had acted as “more than …

Longenette v. Krusing, No. 00-3690 (3rd Cir.) (322 F.3d 758) (March 7, 2003) (Judge Anthony J. Scirica)

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

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

Longenette v. Krusing, No. 00-3690 (3rd Cir.) (322 F.3d 758) (March 7, 2003) (Judge Anthony J. Scirica) by Here, after vacating a forfeiture order obtained by summary judgment, the Court invoked the doctrine of equitable estoppel to allow the government to re-file its proceeding some 5 years after the limitations …

U.S. v. Edwards, No. 02-2045 (10th Cir.) (325 F.3d 1184) (March 13, 2003) (Judge Stephen H. Anderson)

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

Filed under: Punch And Jurists, Abuse of Position of Trust

U.S. v. Edwards, No. 02-2045 (10th Cir.) (325 F.3d 1184) (March 13, 2003) (Judge Stephen H. Anderson) by Here, stating that “opportunity and access do not equate to authority,” the Tenth Circuit vacated an abuse of position of trust sentence enhancement of a defendant who worked in the accounting department …

U.S. v. Bynum, No. 02-10016 (9th Cir.) (327 F.3d 986) (April 30, 2003) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Elements of Offense

U.S. v. Bynum, No. 02-10016 (9th Cir.) (327 F.3d 986) (April 30, 2003) (Judge Arthur L. Alarcon) by In this case the Ninth Circuit rejected a challenge to the facial constitutionally of 18 U.S.C. § 666 (pertaining to the theft of Federal funds), and ruled that a finding of a …

Modrowski v. Mote, No. 02-1804 (7th Cir.) (322 F.3d 965) (March 10, 2003) (Judge Michael S. Kanne)

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

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

Modrowski v. Mote, No. 02-1804 (7th Cir.) (322 F.3d 965) (March 10, 2003) (Judge Michael S. Kanne) by Here the Court held that, notwithstanding a defense attorney’s conceded incapacity, which caused him to miss (by one day) a habeas filing deadline, the petitioner was not entitled to any equitable tolling …

U.S. v. Ramirez, No. 02-10731 (11th Cir.) (324 F.3d 1225) (March 18, 2003) (Per Curiam)

Article • April 1, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Dismissal

U.S. v. Ramirez, No. 02-10731 (11th Cir.) (324 F.3d 1225) (March 18, 2003) (Per Curiam) by The defendants in this case were charged with witness tampering. After opening statements, the defendants moved for a judgment of acquittal, asserting that the indictment failed to charge the necessary elements of first degree …

U.S. v. Dawson, No. 02 CR 688 (N.D.Ill.) (243 F.Supp.2d 780) (February 3, 2003) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Dawson, No. 02 CR 688 (N.D.Ill.) (243 F.Supp.2d 780) (February 3, 2003) (Judge Elaine E. Bucklo) by The defendant in this case was charged with “attempt and conspiracy to distribute a controlled substance.” He filed a number of pretrial motions, including a motion to compel for the Government …