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Article • September 22, 2002
Filed under: Punch And Jurists
U.S. v. Enmoms, No. 71-1193 (U.S. Supreme Court) (419 U.S. 396; 93 S.Ct. 1007) (February 22, 1973) (Justice Stewart) by The defendants in this case, union employees, were prosecuted for violation of the Hobbs Act (18 U.S.C. § 1951). They were accused of engaging in acts of physical violence and …
Article • September 20, 2002
Sibron v. New York, No. 63 (U.S. Supreme Court) (392 U.S. 40; 88 S.Ct. 1889) (June 10, 2068) (Justice Warren) by Here the Court held that the inference that the petitioner engaged in narcotics trafficking merely because he spoke with drug addicts did not constitute probable cause for a warrantless …
Article • September 18, 2002
Filed under: Punch And Jurists
U.S. v. Habig, No. 107 (U.S. Supreme Court) (390 U.S. 222; 88 S.Ct. 926) (March 5, 2068) (Justice Fortas) by In this case an indictment against the defendants was filed on August 12, 1966, for crimes relating to allegedly false income tax returns. The returns in question were filed on …
Article • September 18, 2002
Filed under: Punch And Jurists
Sansone v. U.S., No. 365 (U.S. Supreme Court) (380 U.S. 343; 85 S.Ct. 1004) (March 29, 2065) (Justice Goldberg) by The defendant in this case was convicted of willfully attempting to evade federal income taxes in violation of 26 U.S.C.S. § 7201. Defendant contended that the trial court erred by …
Article • September 15, 2002
Filed under: Punch And Jurists
Mathews v. Eldridge, No. 74-204 (U.S. Supreme Court) (424 U.S. 319; 96 S.Ct. 893) (February 24, 1976) (Justice Powell) by While this case dealt with the denial of social security benefits, it set forth a three-factor analysis (often called the "Mathews factors") for determining what process is due - when …
Article • September 12, 2002
Lambert v. California, No. 47 (U.S. Supreme Court) (355 U.S. 225; 78 S.Ct. 240) (December 16, 2057) (Justice Douglas) by In this case, the Court applied a narrow exception to the general maxim "ignorance of the law is no excuse." Here, the Court considered the requirements for conviction of a …
Article • September 11, 2002
Purkett v. Elem, No. 94-802 (U.S. Supreme Court) (514 U.S. 765; 115 S.Ct. 1769) (May 15, 1995) (Per Curiam) by Court reversed Eighth Circuit by holding that a Batson challenge based on long hair and facial hair is acceptable, on the ground that such hair is "not a characteristic peculiar …
Article • September 11, 2002
Schiro v. Farley, No. 92-7549 (U.S. Supreme Court) (510 U.S. 222; 114 S.Ct. 783) (January 19, 1994) (Justice O'Connor) by Here the Court held that collateral estoppel means simply that when an issue of ultimate fact has once been determined by a valid and final judgment, that issue cannot again …
Article • September 9, 2002
U.S. v. Lane, No. 84-744 (U.S. Supreme Court) (474 U.S. 438; 106 S.Ct. 725) (January 27, 1986) (Justice Burger) by The defendants in this case were indicted on multiple counts of mail fraud, conspiracy, and perjury in violation of 18 U.S.C. §§ 1341, 371, and 1623, respectively. Prior to trial, …
Article • September 8, 2002
Whiteley v. Warden, No. 136 (U.S. Supreme Court) (401 U.S. 560; 91 S.Ct. 1031) (March 29, 1971) (Justice Harlan) by As explained by the Court, the facts and circumstances of this case were as follows: "On November 23, 1964, certain business establishments in Saratoga were broken into, including the Rustic …
Article • September 7, 2002
U.S. v. Dunnigan, No. 91-1300 (U.S. Supreme Court) (507 U.S. 87; 113 S.Ct. 1111) (February 23, 1993) (Justice Kennedy) by The defendant in this case was charged with a sing;e count of conspiracy to distribute cocaine. She elected to take the stand and was the sole witness in her own …
Article • September 6, 2002
Wood v. Georgia, No. 369 (U.S. Supreme Court) (370 U.S. 375; 82 S.Ct. 1364) (June 25, 2062) (Justice Warren) by In the midst of a local political campaign, a County Judge, in the presence of representatives of news media assembled at the Judge's request, issued a charge to a grand …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Lott, No. 00-6141 (10th Cir.) (298 F.3d 970) (July 30, 2002) (Judge David M. Ebel) by Here, in an extended discussion of the meaning of "total punishment" under the Guidelines, and the impact, if any, of Apprendi on the district court's authority to impose consecutive sentences on a …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Moncivais, No. Crim. No. L-00-1333-S (S.D.Tex.) (213 F.Supp.2d 704) (November 2, 2001) (Judge George P. Kazen) by After a jury in another state acquitted the defendant of, inter alia, conspiracy to possess and distribute about 1,221 pounds of marijuana, defendant was charged with conspiracy to possess with intent …
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists
Hill v. Anderson, No. 99-4317 (6th Cir.) (300 F.3d 679) (August 13, 2002) (Judge Gilbert S. Merritt) by In this case, the Sixth Circuit held that the Supreme Court's recent decision in Atkins v. Virginia, 122 S.Ct. 2242 (June 20, 2002) should be given retroactive effect. The petitioner, Danny Hill, …
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists
U.S. v. Nguyen, No. CR01-4069-MBW (N.D.Iowa) (212 F.Supp.2d 1008) (May 17, 2002) (Judge Mark W. Bennett) by Here the Court held that a defendant who gave testimony which helped exculpate a co-defendant at substantial risk of adversely affecting his own penal interests was entitled to a special departure of 3 …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Mercado, No. 01-10507 (10th Cir.) (307 F.3d 1226) (October 4, 2002) (Judge Monroe G. McKay) by In Florida v. White, 526 U.S. 559 (1999), a bitterly divided Supreme Court established what has become known as the “automobile exception” to the Fourth Amendment’s warrant requirement. In that case, the …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Fell, No. 2:01-CR-12-01 (D.Vt.) (217 F.Supp.2d 469) (September 24, 2002) (Judge William K. III Sessions) by In July, 2002, District Judge Rakoff of the S.D.N.Y. ruled that the Federal Death Penalty Act, 18 U.S.C. § 3591-98 (FDPA), was unconstitutional because the high likelihood that innocent persons might be …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Parish, No. 01-30017 (9th Cir.) (308 F.3d 1025) (October 18, 2002) (Judge Jr. William C. Canby) by It is becoming increasing clear that the sheer number of Federal pornography prosecutions has taken off like a rocket, aided in large part by a growing patchwork of hastily-drafted, politically-popular Federal …
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists
U.S. v. Parish, No. 01-30017 (9th Cir.) (308 F.3d 1025) (October 18, 2002) (Judge Jr. William C. Canby) by It is becoming increasing clear that the sheer number of Federal pornography prosecutions has taken off like a rocket, aided in large part by a growing patchwork of hastily-drafted, politically-popular Federal …
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