Search | Punch and Jurists

Miller v. Dormire, No. 02-1918 (8th Cir.) (310 F.3d 600) (November 12, 2002) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists

Miller v. Dormire, No. 02-1918 (8th Cir.) (310 F.3d 600) (November 12, 2002) (Judge Gerald W. Heaney) by Here the Court granted habeas relief after concluding that the state court determination that the defendant had waived his right to a jury trial was unreasonable and contrary to clearly established federal …

U.S. v. Franco-Lopez, No. 00-50422 (9th Cir.) (312 F.3d 984) (November 27, 2002) (Judge Marsha L. Berzon)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Franco-Lopez, No. 00-50422 (9th Cir.) (312 F.3d 984) (November 27, 2002) (Judge Marsha L. Berzon) by Here the Court held that the Government had breached the defendant's plea agreement by recommending against a safety valve departure without an independent finding by the Probation Department that the departure was …

U.S. v. Dumes, No. 00-1482 (7th Cir.) (313 F.3d 372) (November 15, 2002) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Dumes, No. 00-1482 (7th Cir.) (313 F.3d 372) (November 15, 2002) (Judge Terrence T. Evans) by This multi-defendant drug conspiracy case dealt with a number of issues. The principle issue addressed dealt with the Government's adherence to the wiretap laws; and on that issue the Court held that …

U.S. v. Jackson, No. 01-30888 (5th Cir.) (313 F.3d 231) (November 18, 2002) (Judge John M. Jr. Duhé)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Jackson, No. 01-30888 (5th Cir.) (313 F.3d 231) (November 18, 2002) (Judge John M. Jr. Duhé) by Here the Court held that insufficient evidence existed that a city or a city department received over $10,000 per year in federal funding as required to satisfy an element of 18 …

U.S. v. Grasser, No. 02-2559 (7th Cir.) (312 F.3d 336) (December 6, 2002) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists

U.S. v. Grasser, No. 02-2559 (7th Cir.) (312 F.3d 336) (December 6, 2002) (Judge Terrence T. Evans) by The defendant in this case, an assistant branch manager of a bank, entered guilty pleas to bank theft and bank fraud charges after she took jewelry from safe deposit boxes and looted …

U.S. v. Glenn, No. 01-1602 (2nd Cir.) (312 F.3d 58) (November 14, 2002) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Murder/Felony Murder

U.S. v. Glenn, No. 01-1602 (2nd Cir.) (312 F.3d 58) (November 14, 2002) (Judge Barrington D. Jr. Parker) by This is one of those cases that shows what can happen when a large group of defendants are tried together in a single trial - especially when the trial involves drugs …

U.S. v. Perrotta, No. 00-1799 (2nd Cir.) (313 F.3d 33) (December 5, 2002) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Perrotta, No. 00-1799 (2nd Cir.) (313 F.3d 33) (December 5, 2002) (Judge Rosemary S. Pooler) by Here the Court threw out a Hobbs Act conviction on the grounds that Federal extortion charges cannot be brought where the only connection to interstate commerce is that the victim worked for …

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Character/Reputation/Propensity

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith) by Here a conviction for sexual contact with a minor was reversed because the district court erroneously failed to instruct the jury that it could consider evidence of defendant's good character - where …

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Double Counting

U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith) by Here the Court held that the district court engaged in impermissible double-counting when it enhanced defendant's sentence because of the victim's age - since the age was already factored into the statutes …

U.S. v. Brooke, No. 01-3020 (D.C. Cir.) (308 F.3d 17) (October 25, 2002) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Age

U.S. v. Brooke, No. 01-3020 (D.C. Cir.) (308 F.3d 17) (October 25, 2002) (Judge Merrick B. Garland) by The principal message from this case is that the Guidelines “do not permit a downward departure for elderly defendants who are in good health.” (Id., at 22, n. 5.). Based principally on …

U.S. v. White, No. 00-11392 (5th Cir.) (307 F.3d 336) (September 23, 2002) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. White, No. 00-11392 (5th Cir.) (307 F.3d 336) (September 23, 2002) (Judge Will L. Garwood) by This case is noted for it review of an important question: does a waiver of appeal provision in a plea agreement automatically bar a subsequent claim based on ineffective assistance of counsel. …

Lomholt v. Burt, No. C01-2018-MWB (N.D.Iowa) (219 F.Supp.2d 977) (May 2, 2002) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Video/Closed Circuit TV Testimony

Lomholt v. Burt, No. C01-2018-MWB (N.D.Iowa) (219 F.Supp.2d 977) (May 2, 2002) (Judge Mark W. Bennett) by The petitioner in this case, Mark Lomholt, was convicted in 1996 of two counts of second degree sexual abuse, primarily on the testimony of the two victims, a four-year old female and a …

U.S. v. Holloway, No. 01-10508 (9th Cir.) (309 F.3d 649) (October 30, 2002) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists

U.S. v. Holloway, No. 01-10508 (9th Cir.) (309 F.3d 649) (October 30, 2002) (Judge John T. Jr. Noonan) by Here the Court dismissed on double jeopardy grounds a superseding indictment in which the Government attempted to reprosecute a defendant for a Hobbs Act violation after an earlier conviction under the …

U.S. v. Gonzales, No. 00-10514 (9th Cir.) (307 F.3d 906) (September 30, 2002) (Judge Richard D. Cudahy)

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

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

U.S. v. Gonzales, No. 00-10514 (9th Cir.) (307 F.3d 906) (September 30, 2002) (Judge Richard D. Cudahy) by Here the Court held that the district court’s ruling that all drugs seized from a drug addict were intended for distribution was “clearly erroneous” since it was plausible that some of the …

Matheny v. Morrison, No. 00-3845 (8th Cir.) (307 F.3d 709) (October 8, 2002) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Venue - Generally

Matheny v. Morrison, No. 00-3845 (8th Cir.) (307 F.3d 709) (October 8, 2002) (Judge Gerald W. Heaney) by Here the Court held that, while challenges to the validity of a sentence must be brought under 28 U.S.C. § 2255 in the district where the sentencing court was located, a prisoner …

Silveira v. Lockyer, No. 01-15098 (9th Cir.) (312 F.3d 1052) (December 5, 2002) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists

Silveira v. Lockyer, No. 01-15098 (9th Cir.) (312 F.3d 1052) (December 5, 2002) (Judge Stephen Reinhardt) by Somehow, the Supreme Court has managed to avoid getting embroiled in the never-ending political debate over the scope and meaning of the Second Amendment. It’s most recent pronouncement on that topic was its …

U.S. v. Ochoa, No. 01-50324 (9th Cir.) (311 F.3d 1133) (November 21, 2002) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Relevant Conduct

U.S. v. Ochoa, No. 01-50324 (9th Cir.) (311 F.3d 1133) (November 21, 2002) (Judge Melvin Brunetti) by The "relevant conduct" provision of U.S.S.G. § 1B1.3 is not facially unconstitutional under Apprendi, and Apprendi does not apply to appellant's sentence because it did not exceed the statutory maximum for the crime …

U.S. v. Prime, No. CR01-0310L (W.D.Wash.) (220 F.Supp.2d 1203) (September 20, 2002) (Judge Robert S. Lasnik)

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

Filed under: Punch And Jurists, Handwriting Analysis and Exemplars

U.S. v. Prime, No. CR01-0310L (W.D.Wash.) (220 F.Supp.2d 1203) (September 20, 2002) (Judge Robert S. Lasnik) by This case is noted for its exhaustive review and comprehensive analysis of the law on the issue of the admissibility of handwriting identification evidence, under the standards mandated by the Daubert and Kumho …

Handberry v. Thompson, No. 96 CIV. 6161 (S.D.N.Y.) (219 F.Supp.2d 525) (August 28, 2002) (Judge Constance Baker Motley)

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

Filed under: Punch And Jurists, Prison Conditions

Handberry v. Thompson, No. 96 CIV. 6161 (S.D.N.Y.) (219 F.Supp.2d 525) (August 28, 2002) (Judge Constance Baker Motley) by In this latest ruling in a long-standing class action lawsuit against Rikers Island over its refusal to offer educational programs to youthful offenders, Judge Motley firmly ordered prison officials to comply …

Roe v. City of New York, No. 00 Civ. 9062 (RWS) (S.D.N.Y.) (232 F.Supp.2d 240) (November 19, 2002) (Judge Robert W. Sweet)

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

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

Roe v. City of New York, No. 00 Civ. 9062 (RWS) (S.D.N.Y.) (232 F.Supp.2d 240) (November 19, 2002) (Judge Robert W. Sweet) by Here the Court held that the New York City Police Department may not arrest drug addicts who are carrying syringes containing drug residue if they are participating …