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U.S. v. Martinez-Sandoval, No. 01 Cr. 307 (S.D.N.Y.) (2003 U.S. Dist. LEXIS 3045) (March 5, 2003) (Judge Robert P. Jr. Patterson)

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

Filed under: Punch And Jurists, Sufficiency of Evidence

U.S. v. Martinez-Sandoval, No. 01 Cr. 307 (S.D.N.Y.) (2003 U.S. Dist. LEXIS 3045) (March 5, 2003) (Judge Robert P. Jr. Patterson) by Here, in the wake of a jury deadlock, Judge Patterson granted a motion for acquittal in a drug conspiracy case, after finding that the evidence against the defendant …

Ainsworth v. Stanley, No. 00-1678 (1st Cir.) (317 F.3d 1) (December 24, 2002) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists

Ainsworth v. Stanley, No. 00-1678 (1st Cir.) (317 F.3d 1) (December 24, 2002) (Judge Kermit A. Lipez) by Appellant inmates, convicted sex offenders, sued defendant state corrections director, alleging that the director's sex offender program, which required the inmates to disclose prior sexual misconduct, violated their privilege against self-incrimination. The …

Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Kuna v. Daniels, No. Civ. 02-526-HA (D.Or.) (234 F.Supp.2d 1168) (October 20, 2002) (Judge Ancer L. Haggerty) by Here the Court granted the petitioner a writ of habeas corpus, concluding that the BOP's denial of a one-year sentence reduction after petitioner successfully completing a drug treatment program was arbitrary and …

Ponnapula v. Ashcroft, No. Cic. 1:CV-02-1214 (M.D.Pa.) (235 F.Supp.2d 397) (December 10, 2002) (Judge Sylvia H. Rambo)

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

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

Ponnapula v. Ashcroft, No. Cic. 1:CV-02-1214 (M.D.Pa.) (235 F.Supp.2d 397) (December 10, 2002) (Judge Sylvia H. Rambo) by

U.S. v. Angleton, No. 02-20887 (5th Cir.) (314 F.3d 767) (December 12, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists

U.S. v. Angleton, No. 02-20887 (5th Cir.) (314 F.3d 767) (December 12, 2002) (Judge Jerry E. Smith) by The dual sovereignty doctrine permits a successive prosecution in federal court where defendant was acquitted of murder in state court, because the "sham prosecution" exception to that doctrine did not apply under …

U.S. v. Harris, No. 01-3057 (D.C. Cir.) (314 F.3d 608) (December 31, 2002) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Contempt

U.S. v. Harris, No. 01-3057 (D.C. Cir.) (314 F.3d 608) (December 31, 2002) (Judge Karen LeCraft Henderson) by Here the Court recersed a conviction for criminal contempt due to insufficient evidence where the government did not introduce competent evidence that defendant refused to testify before the district court grand jury. …

Nordyke v. King, No. 99-17551 (9th Cir.) (319 F.3d 1185) (February 18, 2003) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists

Nordyke v. King, No. 99-17551 (9th Cir.) (319 F.3d 1185) (February 18, 2003) (Judge Diarmuid F. O'Scannlain) by In December, 2002, in a decision written by Judge Reinhardt (who is regarded by many as one of the Court’s most liberal judges), a panel from the Ninth Circuit held that the …

Dorelien v. U.S. Atty. Gen., No. 02-13587 (11th Cir.) (317 F.3d 1314) (January 13, 2003) (Per Curiam)

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

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

Dorelien v. U.S. Atty. Gen., No. 02-13587 (11th Cir.) (317 F.3d 1314) (January 13, 2003) (Per Curiam) by

U.S. v. Cruz, No. 02-2728 (7th Cir.) (317 F.3d 763) (January 30, 2003) (Judge Joel L. Flaum)

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

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

U.S. v. Cruz, No. 02-2728 (7th Cir.) (317 F.3d 763) (January 30, 2003) (Judge Joel L. Flaum) by Courts may apply abuse of position of trust enhancement, pursuant to U.S.S.G. § 3B1.3, even if defendant did not occupy a position of trust in relation to the victim of the offense …

U.S. v. McClatchey, No. 01-3327 (10th Cir.) (316 F.3d 1122) (January 16, 2003) (Judge Harris L. Hartz)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. McClatchey, No. 01-3327 (10th Cir.) (316 F.3d 1122) (January 16, 2003) (Judge Harris L. Hartz) by Here the Court denied a downward departure based on family circumstances to a defendant whose son suffered severe psychological diabilities - stating those facts did not by themselves constitute exceptional circumstances. Here …

U.S. v. Severino, No. 00-30161 (9th Cir.) (316 F.3d 939) (January 14, 2003) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. Severino, No. 00-30161 (9th Cir.) (316 F.3d 939) (January 14, 2003) (Judge Alex Kozinski) by An information which alleged a prior felony drug conviction, to render defendant eligible for a mandatory minimum sentence, adequately identified the relevant prior conviction under the circumstances so long as the defendant had …

U.S. v. Conrad, No. 02-1292 (8th Cir.) (320 F.3d 851) (February 28, 2002) (Judge Michael J. Melloy)

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

Filed under: Punch And Jurists, Summation

U.S. v. Conrad, No. 02-1292 (8th Cir.) (320 F.3d 851) (February 28, 2002) (Judge Michael J. Melloy) by Here the Court vacated a gun conviction because of the cumulative prejudicial effect of comments by the prosecutor about the purpose of the gun control laws, which it said have “absolutely no …

Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

Mitchell v. Andrews, No. CVF995551OWWGHB (E.D.Cal.) (235 F.Supp.2d 1085) (March 29, 2001) (Judge Oliver W. Wanger) by

Preston v. U.S., No. 163 (U.S. Supreme Court) (376 U.S. 364; 84 S.Ct. 881) (March 23, 2064) (Justice Black)

Article • January 27, 2003

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

Preston v. U.S., No. 163 (U.S. Supreme Court) (376 U.S. 364; 84 S.Ct. 881) (March 23, 2064) (Justice Black) by The petitioner in this case was convicted of conspiracy to rob a federally insured bank in violation of 18 U.S.C.S. § 2113. The conviction was based largely on evidence obtained …

Delaware v. Van Arsdale, No. 84-1279 (U.S. Supreme Court) (475 U.S. 673; 106 S.Ct. 1431) (April 7, 1986) (Justice Rehnquist)

Article • January 27, 2003

Filed under: Punch And Jurists, Confrontation Clause/Rights

Delaware v. Van Arsdale, No. 84-1279 (U.S. Supreme Court) (475 U.S. 673; 106 S.Ct. 1431) (April 7, 1986) (Justice Rehnquist) by In this case, Delaware sought review of a decision from the Supreme Court of Delaware, which reversed the defendant's murder conviction on the ground that the trial court, by …

Lee v. U.S., No. 76-5187 (U.S. Supreme Court) (432 U.S. 23; 97 S.Ct. 2141) (June 13, 1977) (Justice Powell)

Article • January 24, 2003

Filed under: Punch And Jurists

Lee v. U.S., No. 76-5187 (U.S. Supreme Court) (432 U.S. 23; 97 S.Ct. 2141) (June 13, 1977) (Justice Powell) by In this case, the defendant was charged with theft. The information, however, failed to allege knowledge or intent, as required by the statute. After the trial had begun, the district …

Horn v. Banks, No. 01-1385 (U.S. Supreme Court) (536 U.S. 266; 122 S.Ct. 2147) (June 17, 2002) (Per Curiam)

Article • January 18, 2003 • from P&J May, 2002

Filed under: Retroactivity, Punch And Jurists

Horn v. Banks, No. 01-1385 (U.S. Supreme Court) (536 U.S. 266; 122 S.Ct. 2147) (June 17, 2002) (Per Curiam) by This is one of those remarkably recondite habeas corpus decisions that requires a wall map to keep up with the proper pecking order and priorities of a series of past …

Mills v. Maryland, No. 87-5367 (U.S. Supreme Court) (486 U.S. 367; 108 S.Ct. 1860) (June 6, 1988) (Justice Blackmun)

Article • January 18, 2003

Filed under: Jury Instructions, Punch And Jurists

Mills v. Maryland, No. 87-5367 (U.S. Supreme Court) (486 U.S. 367; 108 S.Ct. 1860) (June 6, 1988) (Justice Blackmun) by In this capital case, petitioner, a Maryland prison inmate, was tried by a state-court jury and convicted of the first-degree murder of his cellmate. In the trial's sentencing phase, the …

Minnesota v. Murphy, No. 82-827 (U.S. Supreme Court) (465 U.S. 420; 104 S.Ct. 1138) (February 22, 1984) (Justice White)

Article • January 15, 2003

Filed under: Punch And Jurists

Minnesota v. Murphy, No. 82-827 (U.S. Supreme Court) (465 U.S. 420; 104 S.Ct. 1138) (February 22, 1984) (Justice White) by Court held that a State may require a probationer to discuss matters that affect his probationary status and such a requirement, without more, does not create a "custodial interrogation" that …

Moran v. Burbine, No. 84-1485 (U.S. Supreme Court) (475 U.S. 412; 106 S.Ct. 1135) (March 10, 1986) (Justice O'Connor)

Article • January 7, 2003

Filed under: Punch And Jurists, Miranda

Moran v. Burbine, No. 84-1485 (U.S. Supreme Court) (475 U.S. 412; 106 S.Ct. 1135) (March 10, 1986) (Justice O'Connor) by In this case, a sharply divided Court held that the rights of a suspect in custody are not violated by a failure to inform him that a lawyer is present …