Search | Punch and Jurists

U.S. v. Ristovski, No. 01-1747 (6th Cir.) (312 F.3d 206) (December 4, 2002) (Judge Robert Holmes Bell)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Retroactivity, Punch And Jurists

U.S. v. Ristovski, No. 01-1747 (6th Cir.) (312 F.3d 206) (December 4, 2002) (Judge Robert Holmes Bell) by Here the defendant was convicted by a jury of subscribing false corporate tax returns and submitting false documents to the Internal Revenue Service. His conviction and sentence were affirmed in a decision …

Sattazahn v. Pennslyvania, No. 01-7574 (U.S. Supreme Court) (537 U.S. 101; 123 S.Ct. 732) (January 14, 2003) (Justice Scalia)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists

Sattazahn v. Pennslyvania, No. 01-7574 (U.S. Supreme Court) (537 U.S. 101; 123 S.Ct. 732) (January 14, 2003) (Justice Scalia) by Here a divided Court held that a state-mandated entry of a life sentence imposed after a jury deadlock, measured against the Double Jeopardy Clause, does not block retrial of the …

U.S. v. Eli, No. Civ.A.99-0864(PLF) (D.D.C.) (227 F.Supp.2d 90) (September 5, 2002) (Judge Paul L. Friedman)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Drugs - Type or Quality of

U.S. v. Eli, No. Civ.A.99-0864(PLF) (D.D.C.) (227 F.Supp.2d 90) (September 5, 2002) (Judge Paul L. Friedman) by Here, after the defendant was convicted of various drug charges, he filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255 contending that his court appointed counsel …

Davis v. Milwaukee County, No. 00-C-0786 (E.D.Wisc.) (225 F.Supp.2d 967) (September 30, 2002) (Judge Lynn S. Adelman)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists

Davis v. Milwaukee County, No. 00-C-0786 (E.D.Wisc.) (225 F.Supp.2d 967) (September 30, 2002) (Judge Lynn S. Adelman) by The Court held that a pretrial detainee’s right of access to the courts had been unlawfully impeded by the absence of legal materials at his jail, which interfered with his ability to …

Zayas v. I.N.S., No. 01-2564 (3rd Cir.) (311 F.3d 247) (November 18, 2002) (Judge Louis H. Pollak)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists

Zayas v. I.N.S., No. 01-2564 (3rd Cir.) (311 F.3d 247) (November 18, 2002) (Judge Louis H. Pollak) by This case is noted for its discussion and detailed review of the relationship between the abuse of writ standard established in McCleskey v. Zant and the gatekeeping restrictions on second or successive …

U.S. v. Romano, No. 00-11505 (11th Cir.) (314 F.3d 1279) (December 20, 2002) (Judge Gerald B. Tjoflat)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Plain Error

U.S. v. Romano, No. 00-11505 (11th Cir.) (314 F.3d 1279) (December 20, 2002) (Judge Gerald B. Tjoflat) by This case is noted for its rare - but refreshing - departure from what is rapidly becoming the standard judicial refrain to almost every claim of error under Fed.R.Crim.P. 52(b) - namely …

Morales v. Conley, No. Civ.A. 5:02-0497 (S.D.W.Va.) (224 F.Supp.2d 1070) (September 26, 2002) (Judge Charles H. II Haden)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Detention - Generally

Morales v. Conley, No. Civ.A. 5:02-0497 (S.D.W.Va.) (224 F.Supp.2d 1070) (September 26, 2002) (Judge Charles H. II Haden) by Back in 1980, some 125,000 Cuban aliens without visas arrived in Florida aboard a flotilla of small boats that left from the port city of Mariel - and the event quickly …

U.S. v. Miranda-Ramirez, No. 01-4096 (10th Cir.) (309 F.3d 1255) (October 31, 2002) (Judge Terrence L. O'Brien)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Mitigating Role/Circumstances/Evidence

U.S. v. Miranda-Ramirez, No. 01-4096 (10th Cir.) (309 F.3d 1255) (October 31, 2002) (Judge Terrence L. O'Brien) by Here the Court held that a district court does not have the authority to grant a downward departure based on the use of the INS of forms that erroneously advised the defendant …

Lattimore v. DuBois, No. 01-2056 (1st Cir.) (311 F.3d 46) (November 14, 2002) (Judge Levin H. Campbell)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists

Lattimore v. DuBois, No. 01-2056 (1st Cir.) (311 F.3d 46) (November 14, 2002) (Judge Levin H. Campbell) by

Gant v. Reilly, No. Civ.A. 02-858(RBW) (D.D.C.) (224 F.Supp.2d 26) (September 11, 2002) (Judge Reggie B. Walton)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Sufficiency of Evidence

Gant v. Reilly, No. Civ.A. 02-858(RBW) (D.D.C.) (224 F.Supp.2d 26) (September 11, 2002) (Judge Reggie B. Walton) by

U.S. v. Gawthrop, No. 01-1462 (6th Cir.) (310 F.3d 405) (November 4, 2002) (Judge Algenon L. Marbley)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists

U.S. v. Gawthrop, No. 01-1462 (6th Cir.) (310 F.3d 405) (November 4, 2002) (Judge Algenon L. Marbley) by Here the Court affirmed an exploitation of minor enhancement under USSG § 2G2.2(b)(4) based on acts that occurred 11 years before the crime of conviction, holding there was no requirement of any …

McMahon v. Hodges, No. 99 CIV, 10116(DC) (S.D.N.Y.) (225 F.Supp.2d 357) (September 30, 2002) (Judge Denny Chin)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Judicial Hostility

McMahon v. Hodges, No. 99 CIV, 10116(DC) (S.D.N.Y.) (225 F.Supp.2d 357) (September 30, 2002) (Judge Denny Chin) by

Alaka v. Elwood, No. 02-CV-4664 (E.D.Pa.) (225 F.Supp.2d 547) (October 8, 2002) (Judge Anita B. Brody)

Article • December 1, 2002 • from P&J December, 2002

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

Alaka v. Elwood, No. 02-CV-4664 (E.D.Pa.) (225 F.Supp.2d 547) (October 8, 2002) (Judge Anita B. Brody) by This case is noted for its comprehensive analysis of the law and the INS procedures governing removal proceedings in the context of granting a bond hearing to a lawful permanent resident, who has …

U.S. v. Singh, No. CRIM.A. 02-214 (E.D.Pa.) (224 F.Supp.2d 962) (October 10, 2002) (Judge Marvin Katz)

Article • December 1, 2002 • from P&J December, 2002

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Singh, No. CRIM.A. 02-214 (E.D.Pa.) (224 F.Supp.2d 962) (October 10, 2002) (Judge Marvin Katz) by The defendant in this case had previously been deported from the United States after a prior, unspecified felony conviction. Later, he learned that his mother was about to have an operation for the …

U.S. v. Fenton, No. 01-3587 (3rd Cir.) (309 F.3d 825) (November 8, 2002) (Judge Richard L. Nygaard)

Article • December 1, 2002 • from P&J December, 2002

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

U.S. v. Fenton, No. 01-3587 (3rd Cir.) (309 F.3d 825) (November 8, 2002) (Judge Richard L. Nygaard) by The defendant in this case argued that the district court had erred by imposing a four level enhancement, pursuant to U.S.S.G. § 2K2.1(b)(5), for using a firearm in connection with "another felony …

Berger v. U.S., No. 544 (U.S. Supreme Court) (295 U.S. 78; 55 S.Ct. 629) (April 15, 2035) (Justice Sutherland)

Article • November 29, 2002

Filed under: Punch And Jurists, Fair Trial

Berger v. U.S., No. 544 (U.S. Supreme Court) (295 U.S. 78; 55 S.Ct. 629) (April 15, 2035) (Justice Sutherland) by The petitioner in this case was indicted in a federal district court charged with having conspired with other persons named in the indictment to utter counterfeit notes, with knowledge that …

Smith v. O'Grady, No. 364 (U.S. Supreme Court) (312 U.S. 329; 61 S.Ct. 572) (February 17, 2041) (Justice Black)

Article • November 27, 2002

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Smith v. O'Grady, No. 364 (U.S. Supreme Court) (312 U.S. 329; 61 S.Ct. 572) (February 17, 2041) (Justice Black) by Case held that a guilty plea may be rendered involuntary if the accused has such an incomplete understanding of the charge that his plea cannot stand as an intelligent admission …

Gregg v. Georgia, No. 74-6257 (U.S. Supreme Court) (428 U.S. 153; 96 S.Ct. 2909) (July 2, 1976) (Judge Various)

Article • November 24, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Gregg v. Georgia, No. 74-6257 (U.S. Supreme Court) (428 U.S. 153; 96 S.Ct. 2909) (July 2, 1976) (Judge Various) by This decision, noted for the intensity of the debate about the validity of the death penalty under the Eighth Amendment, consisted of a series of plurality decisions one of which …

Godfrey v. Georgia, No. 78-6899 (U.S. Supreme Court) (446 U.S. 420; 100 S.Ct. 1759) (May 19, 1980) (Justice Stewart)

Article • November 24, 2002

Filed under: Punch And Jurists, Aggravating Factors/Circumstances

Godfrey v. Georgia, No. 78-6899 (U.S. Supreme Court) (446 U.S. 420; 100 S.Ct. 1759) (May 19, 1980) (Justice Stewart) by In this case, the Supreme Court addressed the constitutionality of a mental depravity instruction given to a jury in a capital murder case. The petitioner, Robert Franklin Godfrey, was sentenced …

National Treasury Employees Union v. Von Raab, No. 86-1879 (U.S. Supreme Court) (489 U.S. 656; 109 S.Ct. 1384) (March 21, 1989) (Justice Kennedy)

Article • November 24, 2002

Filed under: Punch And Jurists, Special Needs Exception

National Treasury Employees Union v. Von Raab, No. 86-1879 (U.S. Supreme Court) (489 U.S. 656; 109 S.Ct. 1384) (March 21, 1989) (Justice Kennedy) by Here the Court upheld a drug-testing program of the Custom's service that required urinalysis tests of certain employees seeking promotion on the grounds of a "compelling …