Search | Punch and Jurists

U.S. v. Crisp, No. 01-4953 (4th Cir.) (324 F.3d 261) (March 31, 2003) (Judge Robert Bruce King)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Crisp, No. 01-4953 (4th Cir.) (324 F.3d 261) (March 31, 2003) (Judge Robert Bruce King) by The defendant in this case was convicted of an armed bank robbery in North Carolina; and he was sentenced to 356 months in prison. He appealed, arguing that his trial was tainted …

U.S. v. Gregory, No. 01-10737 (9th Cir.) (322 F.3d 1157) (March 11, 2003) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists

U.S. v. Gregory, No. 01-10737 (9th Cir.) (322 F.3d 1157) (March 11, 2003) (Judge Raymond C. Fisher) by In October 1999, the government indicted Miguel Gregory on drug charges. Gregory pled guilty to the charges and was sentenced to 247 days in prison, eight months of home detention and three …

U.S. v. Danielson, No. 01-30151 (9th Cir.) (325 F.3d 1054) (March 24, 2003) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Invasion of Defense Camp

U.S. v. Danielson, No. 01-30151 (9th Cir.) (325 F.3d 1054) (March 24, 2003) (Judge William A. Fletcher) by The most honest measure of the criminal justice system is how it operates in the smallest and least consequential cases. If the Government acts with impunity in those cases, its incentive to …

U.S. v. Haney, No. 00-1421 (10th Cir.) (318 F.3d 1161) (February 4, 2003) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists

U.S. v. Haney, No. 00-1421 (10th Cir.) (318 F.3d 1161) (February 4, 2003) (Judge Paul J. Jr. Kelly) by Here the en banc court affirmed the district court's refusal to permit the defendant to assert a duress defense and receive a duress instruction based both on the defenant's waiver of …

Massaro v. U.S., No. 01-1559 (U.S. Supreme Court) (538 U.S. 500; 123 S.Ct. 1690) (April 23, 2003) (Justice Kennedy)

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

Filed under: Punch And Jurists, Procedural Default/Error

Massaro v. U.S., No. 01-1559 (U.S. Supreme Court) (538 U.S. 500; 123 S.Ct. 1690) (April 23, 2003) (Justice Kennedy) by Here the Court unanimously held that an ineffective-assistance-of-counsel claim may be brought in a collateral proceeding under 28 U.S.C. § 2255, whether or not the petitioner had first raised that …

U.S. v. Price, No. CR. 99-348(TPJ) (D.D.C.) (237 F.Supp.2d 1) (December 17, 2002) (Judge Thomas Penfield Jackson)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Price, No. CR. 99-348(TPJ) (D.D.C.) (237 F.Supp.2d 1) (December 17, 2002) (Judge Thomas Penfield Jackson) by

U.S. v. Ferreria, No. 01-CR-143 (E.D.Wisc.) (239 F.Supp.2d 849) (November 6, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Ferreria, No. 01-CR-143 (E.D.Wisc.) (239 F.Supp.2d 849) (November 6, 2002) (Judge Lynn S. Adelman) by The defendant, a 39-year old Mexican citizen who had lawfully resided in the U.S. for 25 years as a permanent residentb alien, pled guilty to conspiracy to distribute cocaine. At sentencing, he requested …

Padilla ex rel. Newman v. Rumsfeld, No. 02 Civ. 4445 (MBM) (S.D.N.Y.) (256 F.Supp.2d 218) (April 9, 2003) (Judge Michael B. Mukasey)

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

Filed under: Punch And Jurists

Padilla ex rel. Newman v. Rumsfeld, No. 02 Civ. 4445 (MBM) (S.D.N.Y.) (256 F.Supp.2d 218) (April 9, 2003) (Judge Michael B. Mukasey) by The Government, as respondent, applied to have certain orders in this case certified for interlocutory appeal pursuant to 28 U.S.C.S. § 1292(b). The petitioner requested that the …

U.S. v. Norris, No. 02-3047 (10th Cir.) (319 F.3d 1278) (February 19, 2003) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Possession or Use of Firearms

U.S. v. Norris, No. 02-3047 (10th Cir.) (319 F.3d 1278) (February 19, 2003) (Judge Paul J. Jr. Kelly) by The defendant in this case appealed from a judgment of the District Court which denied his motion to dismiss the indictment against him and applied a four-level enhancement to his base …

Calhoun v. DeTella, No. 98-2894 (7th Cir.) (319 F.3d 936) (February 13, 2003) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Mental and Emotional Conditions/Distress/Claims

Calhoun v. DeTella, No. 98-2894 (7th Cir.) (319 F.3d 936) (February 13, 2003) (Judge Ilana Diamond Rovner) by Here the Court held that, although 42 U.S.C. § 1997e(e) bars Federal civil actions by a prisoner for mental and emotional injuries suffered while in custody without a showing of some prior …

U.S. v. Saunders, No. 01-17032 (11th Cir.) (318 F.3d 1257) (January 23, 2003) (Judge Stanley F. Jr. Birch)

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

Filed under: Punch And Jurists, Fencing Enhancement

U.S. v. Saunders, No. 01-17032 (11th Cir.) (318 F.3d 1257) (January 23, 2003) (Judge Stanley F. Jr. Birch) by Here the Court addressed the proper method of determining whether to apply the fencing enhancement for being “in the business of receiving and selling stolen property,” as provided in U.S.S.G. § …

U.S. v. Boddie, No. 02-2447 (3rd Cir.) (318 F.3d 491) (January 28, 2003) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists

U.S. v. Boddie, No. 02-2447 (3rd Cir.) (318 F.3d 491) (January 28, 2003) (Judge Dolores K. Sloviter) by Here, joining 7 other Circuits, the Court held that a defendant is not eligible for a safety valve sentence reduction if he has more than three criminal history points, even if the …

Houchins v. KQED, Inc., No. 76-1310 (U.S. Supreme Court) (438 U.S. 1; 98 S.Ct. 2588) (June 26, 1978) (Justice Burger)

Article • February 25, 2003

Filed under: Punch And Jurists

Houchins v. KQED, Inc., No. 76-1310 (U.S. Supreme Court) (438 U.S. 1; 98 S.Ct. 2588) (June 26, 1978) (Justice Burger) by The petitioner Sheriff from the County of Alameda, California filed an interlocutory appeal from a preliminary granted by the district court and affirmed by the Ninth Circuit in a …

Smith v. U.S., No. 52 (U.S. Supreme Court) (348 U.S. 147; 75 S.Ct. 194) (December 6, 2054) (Justice Clark)

Article • February 17, 2003

Filed under: Punch And Jurists, Corroboration/Corroboration Rule

Smith v. U.S., No. 52 (U.S. Supreme Court) (348 U.S. 147; 75 S.Ct. 194) (December 6, 2054) (Justice Clark) by This is one of a trilogy of cases, all decided the same day, in which the Supreme Court acknowledged and circumscribed the corroboration rule - that "an accused may not …

U.S. v. Calderon, No. 25 (U.S. Supreme Court) (348 U.S. 160; 75 S.Ct. 186) (December 6, 2054) (Justice Clark)

Article • February 17, 2003

Filed under: Punch And Jurists, Corroboration/Corroboration Rule

U.S. v. Calderon, No. 25 (U.S. Supreme Court) (348 U.S. 160; 75 S.Ct. 186) (December 6, 2054) (Justice Clark) by In this case the Court affirmed a conviction for income tax evasion where the Government's proof relied principally on the "net worth theory" - after concluding that the Government's evidence …

Opper v. U.S., No. 49 (U.S. Supreme Court) (348 U.S. 84; 75 S.Ct. 158) (December 6, 2054) (Justice Reed)

Article • February 17, 2003

Filed under: Punch And Jurists, Corroboration/Corroboration Rule

Opper v. U.S., No. 49 (U.S. Supreme Court) (348 U.S. 84; 75 S.Ct. 158) (December 6, 2054) (Justice Reed) by Here the Court held that defendant's voluntary, exculpatory, extrajudicial statements to FBI after the commission of the crime were corroborated by independent evidence and thus were properly admitted into evidence …

Daniels v. U.S., No. 99-9136 (U.S. Supreme Court) (532 U.S. 374; 121 S.Ct. 1578) (April 25, 2001) (Justice O'Connor)

Article • February 10, 2003 • from P&J April, 2001

Filed under: Punch And Jurists

Daniels v. U.S., No. 99-9136 (U.S. Supreme Court) (532 U.S. 374; 121 S.Ct. 1578) (April 25, 2001) (Justice O'Connor) by In 1994, the Supreme Court addressed, in Custis v. U.S., 511 U.S. 485 (1994), whether a defendant, facing an enhanced sentence under the Armed Career Criminal Act (18 U.S.C. § …

Polk County v. Dodson, No. 80-824 (U.S. Supreme Court) (454 U.S. 312; 102 S.Ct. 455) (December 14, 1981) (Justice Powell)

Article • February 6, 2003

Filed under: Punch And Jurists, Color of Law

Polk County v. Dodson, No. 80-824 (U.S. Supreme Court) (454 U.S. 312; 102 S.Ct. 455) (December 14, 1981) (Justice Powell) by The defendant/petitioners in this case, Polk County, its public defender's office, its board of supervisors, and a public defender, challenged a decision of the Court of Appeals for the …

Smith v. Doe, No. 01-729 (U.S. Supreme Court) (538 U.S. 84; 123 S.Ct. 1140) (March 5, 2003) (Justice Kennedy)

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

Filed under: Punch And Jurists, Megan's Laws

Smith v. Doe, No. 01-729 (U.S. Supreme Court) (538 U.S. 84; 123 S.Ct. 1140) (March 5, 2003) (Justice Kennedy) by Here by a vote of 6-to-3, the Court rejected a claim that the retroactive features of Alaska's Sex Offender Registration Act (a Megan’s law) violated the Ex Post Facto Clause …

U.S. v. Pimental, No. 99-10310-NG (D.Mass.) (236 F.Supp.2d 99) (December 19, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Pimental, No. 99-10310-NG (D.Mass.) (236 F.Supp.2d 99) (December 19, 2002) (Judge Nancy Gertner) by Defendant was convicted of two counts of mail fraud following a jury trial. Subsequently, defendant filed a motion for judgment of acquittal under Fed. R. Crim. P. 29, and moved to dismiss the indictment …