Search | Punch and Jurists

Woodford v. Visciotti, No. 02-137 (U.S. Supreme Court) (537 U.S. 19; 123 S.Ct. 357) (November 4, 2002) (Per Curiam)

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

Filed under: Punch And Jurists

Woodford v. Visciotti, No. 02-137 (U.S. Supreme Court) (537 U.S. 19; 123 S.Ct. 357) (November 4, 2002) (Per Curiam) by In this summary reversal, the Court vacated the grant of habeas relief (based on ineffective assistance of counsel during the penalty phase of a capital case) stating that the 9th …

U.S. v. Phillips, No. 01-30878 (5th Cir.) (303 F.3d 548) (July 22, 2002) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists

U.S. v. Phillips, No. 01-30878 (5th Cir.) (303 F.3d 548) (July 22, 2002) (Judge Carl E. Stewart) by The defendant in this case was convicted of multiple felony counts and, as part of his punishment, he was ordered to pay restitution in the amount of $217,587.56 to various private parties. …

U.S. v. Williams, No. CRIM. 3:02CR49 (E.D.Va.) (216 F.Supp.2d 568) (August 9, 2002) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Williams, No. CRIM. 3:02CR49 (E.D.Va.) (216 F.Supp.2d 568) (August 9, 2002) (Judge Robert E. Payne) by In this case, following the conclusion of evidence at trial, the defendant filed a motion for a judgment of acquittal under Fed. R. Crim. P. 29 on his charge for possession of …

U.S. v. Lopez, No. 99-4396 (6th Cir.) (309 F.3d 966) (October 29, 2002) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Lopez, No. 99-4396 (6th Cir.) (309 F.3d 966) (October 29, 2002) (Judge Eugene E. Jr. Siler) by Where both defendants were convicted of conspiracy to distribute cocaine, defendants' claims, that their sentences violate Apprendi because the quantity of cocaine involved in the conspiracy was neither alleged in the …

Renteria-Gonzalez v. Immigration & Naturalization Service, No. 01-60364 (5th Cir.) (322 F.3d 804) (November 11, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

Renteria-Gonzalez v. Immigration & Naturalization Service, No. 01-60364 (5th Cir.) (322 F.3d 804) (November 11, 2002) (Judge Jerry E. Smith) by Here the Court held that the IIRIRA does not deprive a Circuit court of jurisdiction where the temporary resident had an “aggravated felony” conviction that did not qualify as …

U.S. v. Cravens, No. 01-2409 (7th Cir.) (275 F.3d 637) (December 27, 2001) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Cravens, No. 01-2409 (7th Cir.) (275 F.3d 637) (December 27, 2001) (Judge Daniel A. Manion) by In this case, the Court held that a defendant with an extensive criminal history, and who admitted guilt during a plea, is not eligible for a downward departure, under Section 5K2.13(1), (2) …

U.S. v. Cravens, No. 01-2409 (7th Cir.) (275 F.3d 637) (December 27, 2001) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists

U.S. v. Cravens, No. 01-2409 (7th Cir.) (275 F.3d 637) (December 27, 2001) (Judge Daniel A. Manion) by The defendant in this case appealed the denial of his request for authorization to obtain a psychiatric evaluation for purposes of supporting his downward departure motion based on diminished capacity, pursuant to …

Kutzner v. Montgomery County, No. 02-20861 (5th Cir.) (303 F.3d 339) (August 7, 2002) (Per Curiam)

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

Filed under: Punch And Jurists

Kutzner v. Montgomery County, No. 02-20861 (5th Cir.) (303 F.3d 339) (August 7, 2002) (Per Curiam) by Here the Court held that a civil suit to compel state officials to release biological evidence for DNA testing was in effect a challenge to the validity of the defendant’s murder conviction and …

U.S. v. Quach, No. 01-10532 (9th Cir.) (302 F.3d 1096) (July 12, 2002) (Judge Richard A. Paez)

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

Filed under: Punch And Jurists, Cooperation Not Complete

U.S. v. Quach, No. 01-10532 (9th Cir.) (302 F.3d 1096) (July 12, 2002) (Judge Richard A. Paez) by In this case the Court considered the appeal of a defendant who had pled guilty to misprision of felony pursuant to a written agreement with the government. According to the terms of …

Marchwinski v. Howard, No. 00-2115 (6th Cir.) (309 F.3d 330) (October 18, 2002) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Special Needs Exception

Marchwinski v. Howard, No. 00-2115 (6th Cir.) (309 F.3d 330) (October 18, 2002) (Judge Alice M. Batchelder) by In this case of first impression, the Sixth Circuit upheld the right of the State of Michigan to conduct random, suspicionless drug testing of welfare recipients as the price of receiving benefits. …

Brown v. Keane, No. 02 Civ. 0350 (S.D.N.Y.) (229 F.Supp.2d 298) (October 31, 2002) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Present Sense Impression

Brown v. Keane, No. 02 Civ. 0350 (S.D.N.Y.) (229 F.Supp.2d 298) (October 31, 2002) (Judge Lewis A. Kaplan) by The petitioner in this case, Troy Brown, was convicted in state court of attempted aggravated assault on a police officer. He and another man were outside a bar in the Bronx …

Haley v. Cockrell, No. 01-41389 (5th Cir.) (306 F.3d 257) (September 27, 2002) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Haley v. Cockrell, No. 01-41389 (5th Cir.) (306 F.3d 257) (September 27, 2002) (Judge Carl E. Stewart) by Petitioner sought a writ of habeas corpus under 28 U.S.C. § 2254, asserting that his conviction was illegal. The District Court for the Eastern District of Texas granted the petition and ordered …

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Law of the Case

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith) by Here the Court presented a lengthy dissertation on the "law of the case" doctrine - which posits that ordinarily "an issue of fact or law decided on appeal may not be reexamined …

U.S. v. Reilly, No. 01 Cr. 1114 (RPP) (S.D.N.Y.) (2002 U.S. Dist. LEXIS 19564) (October 11, 2002) (Judge Robert P. Jr. Patterson)

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

Filed under: Punch And Jurists

U.S. v. Reilly, No. 01 Cr. 1114 (RPP) (S.D.N.Y.) (2002 U.S. Dist. LEXIS 19564) (October 11, 2002) (Judge Robert P. Jr. Patterson) by U.S. v. Reilly, No. 01 Cr. 1114 (S.D.N.Y. 10/11/2002) (Judge Patterson) U.S. v. Oakes, 224 F.Supp.2d 296 (D.Me. 2002) (Judge Carter) The common theme in both of …

Coalition of Clergy, Lawyers and Professors v. Bush, No. 02-55367 (9th Cir.) (310 F.3d 1153) (November 18, 2002) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Jurisdiction

Coalition of Clergy, Lawyers and Professors v. Bush, No. 02-55367 (9th Cir.) (310 F.3d 1153) (November 18, 2002) (Judge Kim McLane Wardlaw) by A coalition group lacked next-friend and third party standing to bring a habeas petition on behalf of persons captured in Afghanistan and detained by the U.S. and …

U.S. v. Sines, No. 01-3376 (7th Cir.) (303 F.3d 793) (September 12, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Sines, No. 01-3376 (7th Cir.) (303 F.3d 793) (September 12, 2002) (Judge Ilana Diamond Rovner) by A defendant convicted of bank and mail fraud deemed to have waived the right to appeal imposition of a sex offender treatment program as a special condition of supervised release because his …

Ryan v. Miller, No. 01-2122 (2nd Cir.) (303 F.3d 231) (August 28, 2002) (Judge Rosemary S. Pooler)

Article • October 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Hearsay Evidence

Ryan v. Miller, No. 01-2122 (2nd Cir.) (303 F.3d 231) (August 28, 2002) (Judge Rosemary S. Pooler) by In this case, the Second Circuit reversed, for the third time, a 23-year old murder conviction, based on the prosecution’s persistent, backdoor attempts to introduce into evidence an “unreliable” confession of one …

U.S. v. Thomas, No. 00-1593(L) (2nd Cir.) (303 F.3d 138) (September 4, 2002) (Judge Dennis G. Jacobs)

Article • October 1, 2002 • from P&J August, 2002

Filed under: Punch And Jurists, Batson Claims

U.S. v. Thomas, No. 00-1593(L) (2nd Cir.) (303 F.3d 138) (September 4, 2002) (Judge Dennis G. Jacobs) by The Supreme Court held, in Batson v. Kentucky, 476 U.S. 79 (1986), that the Equal Protection Clause of the Fourteenth Amendment forbids a prosecutor from using peremptory challenges to exclude African-Americans from …

U.S. v. Ceballos, No. 01-3715 (7th Cir.) (302 F.3d 679) (August 27, 2002) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists

U.S. v. Ceballos, No. 01-3715 (7th Cir.) (302 F.3d 679) (August 27, 2002) (Judge Michael S. Kanne) by One of the many issues addressed in this appeal was a question long regarded as firmly settled under Seventh Circuit precedent - namely, whether the sentence of one of the defendants in …

U.S. v. Gandara-Salinas, No. CR. 01-1652-MV (D.N.M.) (215 F.Supp.2d 1207) (July 26, 2002) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Gandara-Salinas, No. CR. 01-1652-MV (D.N.M.) (215 F.Supp.2d 1207) (July 26, 2002) (Judge Martha Vazquez) by Here the Court granted a motion to suppress evidence on the grounds that the border patrol agent who stopped the defendant's truck had nothing but an "inchoate and unparticularized suspicion or hunch" arising …