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Article • November 24, 2002
Luce v. U.S., No. 83-912 (U.S. Supreme Court) (469 U.S. 38; 105 S.Ct. 460) (December 10, 1984) (Justice Burger) by In this case the Supreme Court granted certiorari to resolve a conflict among the Circuits as to whether the defendant, who did not testify at trial, is entitled to review …
Article • November 23, 2002
U.S. v. Broce, No. 87-1190 (U.S. Supreme Court) (488 U.S. 563; 109 S.Ct. 757) (January 23, 1989) (Justice Kennedy) by Here the Court explained the finality of a guilty plea, noting that a guilty plea generally bars any double jepardy collateral attacks, with limited exceptions, as well as the right …
Article • November 21, 2002
Filed under: Punch And Jurists
Coffin v. U.S., No. 741 (U.S. Supreme Court) (156 U.S. 432; 15 S.Ct. 394) (March 5, 1995) (Justice White) by In this case, the Court stated that "the principle that there is a presumption of innocence in favor of the accused is undoubted law, axiomatic and elementary, and its enforcement …
Article • November 19, 2002
Filed under: Punch And Jurists
Coy v. Iowa, No. 86-6757 (U.S. Supreme Court) (487 U.S. 1012; 108 S.Ct. 2798) (June 29, 1988) (Justice Scalia) by The appellant in this case was charged with sexually assaulting two 13-year-old girls. At his jury trial, the state court granted the State's motion, pursuant to a 1985 state statute …
Article • November 18, 2002
Arizona v. Youngblood, No. 86-1904 (U.S. Supreme Court) (488 U.S. 51; 109 S.Ct. 333) (November 29, 1988) (Justice Rehnquist) by In this case the victim, a 10-year-old boy, was molested and sodomized by a middle-aged man for 1 1/2 hours. After the assault, the boy was taken to a hospital …
Article • November 14, 2002
Hoffman Estates v. Flipside, Hoffman Estates, Inc., No. 80-1681 (U.S. Supreme Court) (455 U.S. 489; 102 S.Ct. 1186) (March 3, 1982) (Justice Marshall) by This is one of the Supreme Court's seminal decisions on the issue of statutes that are claimed to be unconstitutionally vague and overly broad, upholding a …
Article • November 10, 2002
Filed under: Punch And Jurists, Miranda
Michigan v. Tucker, No. 73-482 (U.S. Supreme Court) (417 U.S. 433; 95 S.Ct. 2357) (June 10, 1974) (Justice Rehnquist) by This case involved an un-Mirandized custodial interrogation that occurred prior to the issuance of the Miranda decision. During the course of the interrogation, the defendant identified a relevant witness of …
Article • November 9, 2002 • from P&J April, 2000
Filed under: Punch And Jurists
Williams v. Taylor, No. 99-6615 (U.S. Supreme Court) (529 U.S. 420; 120 S.Ct. 1479) (April 18, 2000) (Justice Kennedy) by This is one of two cases decided by the Supreme Court on the same day, bearing identical case names. (The other case was (Terry) Williams v. Taylor, No. 98-8384, which …
Article • November 6, 2002
Filed under: Punch And Jurists, Warrants
U.S. v. Watson, No. 74-538 (U.S. Supreme Court) (423 U.S. 411; 96 S.Ct. 820) (January 26, 1976) (Justice White) by Here, over the dissent of Justice Marshall, the Court held that that a warrant is not necessary for a police officer to make an arrest in a public place, so …
Article • November 6, 2002
U.S. v. Watson, No. 74-538 (U.S. Supreme Court) (423 U.S. 411; 96 S.Ct. 820) (January 26, 1976) (Justice White) by In this case, the Ninth Circuit reversed the defendant's conviction for possession of stolen mail in violation of 18 U.S.C. § 1708, on the grounds that the postal inspector had …
Article • November 5, 2002
Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan) by The Court stated: " We arrive at this conclusion upon two clear lines of decisions which converge to require it. One line of our decisions establishes that criminal confessions …
Article • November 3, 2002
Filed under: Punch And Jurists, Miranda
Colorado v. Spring, No. 85-1512 (U.S. Supreme Court) (479 U.S. 564; 107 S.Ct. 851) (January 27, 1987) (Justice Powell) by This case is noted principally for its suggestion that, in some circumstances, affirmative misrepresentations by the police may be sufficient to invalidate a suspect's waiver of his Fifth Amendment privilege …
Article • November 3, 2002
In Re Gault, No. 116 (U.S. Supreme Court) (387 U.S. 1; 87 S.Ct. 1428) (May 15, 2067) (Justice Fortas) by This is one of the Supreme Court's seminal cases on the due process rights of juveniles. Here, the parents of a 15-year-old boy challenged a judgment of the Supreme Court …
Article • November 1, 2002
Filed under: Punch And Jurists, Seizure
Soldal v. Cook County, No. 91-6516 (U.S. Supreme Court) (506 U.S. 56; 113 S.Ct. 538) (December 8, 1992) (Justice White) by In this case mobile home park owners had begun civil proceedings to evict petitioner's trailer from the mobile home park, but forcibly evicted the trailer before obtaining a court …
Article • November 1, 2002 • from P&J November, 2002
Berthoff v. U.S., No. 99-1276 (1st Cir.) (308 F.3d 124) (October 21, 2002) (Judge Norman H. Stahl) by Here the Court rejected, on procedural grounds, District Judge Young’s invitation to consider whether the practice of “fact bargaining” at sentencing had “unduly and unconstitutionally” burdened the defendant’s Sixth Amendment right to …
Article • November 1, 2002 • from P&J November, 2002
U.S. v. Bean, No. 01-704 (U.S. Supreme Court) (537 U.S. 71; 123 S.Ct. 584) (December 10, 2002) (Justice Thomas) by In this case, a unanimous Supreme Court held that convicted felons could not go to the Federal courts to seek restoration of their gun rights once Congress had blocked the …
Article • November 1, 2002 • from P&J November, 2002
Filed under: Punch And Jurists
U.S. v. Edwards, No. 02-1846 (3rd Cir.) (309 F.3d 110) (October 21, 2002) (Per Curiam) by Defendant appealed the United States District Court For the Eastern District of Pennsylvania's denial of his post-judgment motion seeking a sentence reduction on the basis of U.S. Sentencing Guidelines Manual § 2S1.1, amend. 634. …
Article • November 1, 2002 • from P&J November, 2002
Filed under: Punch And Jurists
U.S. v. Baptiste, No. 99-31027 (5th Cir.) (309 F.3d 274) (October 2, 2002) (Per Curiam) by Defendants were convicted for firearms and drug-related crimes. The United States District Court for the Eastern district of Louisiana sentenced defendants to life sentences. A panel of the appellate court vacated defendants' life sentences …
Article • November 1, 2002 • from P&J November, 2002
U.S. v. Elder, No. 00-10143 (9th Cir.) (309 F.3d 519) (June 7, 2002) (Judge Michael Daly Hawkins) by Although this case started out as a typical, run-of-the-mill drug prosecution against the defendant, Marcellus Elder, it quickly turned into an ugly confrontation between the trial judge, Judge Orrick of the N.D.Cal., …
Article • November 1, 2002 • from P&J November, 2002
U.S. v. Jones, No. 01-4550 (4th Cir.) (308 F.3d 425) (October 28, 2002) (Judge Karen J. Williams) by Obstruction of justice Guideline (USSG § 3C1.1) does not require that perjury forming basis for obstruction enhancement bear some relation to the offense of conviction; it is sufficient if perjury occurred during …
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