Search | Punch and Jurists

U.S. v. Lipscomb, No. 00-10461 (5th Cir.) (299 F.3d 303) (July 12, 2002) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Federal Funds

U.S. v. Lipscomb, No. 00-10461 (5th Cir.) (299 F.3d 303) (July 12, 2002) (Judge Jacques L. Jr. Wiener) by The defendant in this case, a former city council member, appealed his convictions for conspiracy and program bribery, in violation of 18 U.S.C.S. § 666. The defendant's conduct involved his favored …

U.S. v. Cafiero, No. 2000MO434 RBC (D.Mass.) (221 F.Supp.2d 88) (June 26, 2002) (Judge Magistrate)

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

Filed under: Punch And Jurists, Foreign Crimes/Convictions/Conduct

U.S. v. Cafiero, No. 2000MO434 RBC (D.Mass.) (221 F.Supp.2d 88) (June 26, 2002) (Judge Magistrate) by Here the Court held that the U.S. could prosecute a foreign national, who was a passenger on a plane that was diverted to the U.S., on drug charges, since the involuntary nature of his …

Derman v. U.S., No. 01-2545 (1st Cir.) (298 F.3d 34) (July 25, 2002) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

Derman v. U.S., No. 01-2545 (1st Cir.) (298 F.3d 34) (July 25, 2002) (Judge Bruce M. Selya) by In this case, the petitioner was convicted of conspiring to manufacture and distribute marijuana after police officers discovered that a co-defendant was operating huge underground greenhouse on petitioner's property. The sentencing court …

U.S. v. Vallejo, No. 00-15998 (11th Cir.) (297 F.3d 1154) (July 16, 2002) (Judge Myron H. Bright)

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

Filed under: Punch And Jurists

U.S. v. Vallejo, No. 00-15998 (11th Cir.) (297 F.3d 1154) (July 16, 2002) (Judge Myron H. Bright) by Here the Court vacated a sentence based on a multi-object conspiracy for mail fraud and money laundering because the district court failed to make findings beyond a reasonable doubt on each of …

Dutton v. Evans, No. 10 (U.S. Supreme Court) (400 U.S. 74; 91 S.Ct. 210) (October 15, 1970) (Justice Stewart)

Article • August 30, 2002

Filed under: Punch And Jurists, Hearsay Evidence

Dutton v. Evans, No. 10 (U.S. Supreme Court) (400 U.S. 74; 91 S.Ct. 210) (October 15, 1970) (Justice Stewart) by Here a sharply divided Court found the utility of a trial confrontation so remote that it did not require the prosecution to produce a seemingly available witness, thus rejecting hearsay …

Taylor v. Illinois, No. 86-5963 (U.S. Supreme Court) (484 U.S. 400; 108 S.Ct. 646) (January 25, 1988) (Justice Stevens)

Article • August 29, 2002

Filed under: Sanctions, Punch And Jurists

Taylor v. Illinois, No. 86-5963 (U.S. Supreme Court) (484 U.S. 400; 108 S.Ct. 646) (January 25, 1988) (Justice Stevens) by Here the Court upheld the trial court's exclusion of a witness pursuant to Rule 16(b)(1)(C) where the defendant deliberately failed to identify a witness prior to trial - although it …

Kleindienst v. Mandel, No. 71-16 (U.S. Supreme Court) (408 U.S. 753; 92 S.Ct. 2576) (June 29, 1972) (Justice Blackmun)

Article • August 28, 2002

Filed under: First Amendment, Punch And Jurists

Kleindienst v. Mandel, No. 71-16 (U.S. Supreme Court) (408 U.S. 753; 92 S.Ct. 2576) (June 29, 1972) (Justice Blackmun) by The respondent in this case, Ernest Mandel, a self-proclaimed "revolutionary Marxist" and Belgian citizen, sought entry into the United States to speak at a conference at Stanford University. (Id., at …

New York Times v. U.S., No. 1873 (U.S. Supreme Court) (403 U.S. 713; 91 S.Ct. 2140) (June 30, 1971) (Per Curiam)

Article • August 28, 2002

Filed under: Punch And Jurists

New York Times v. U.S., No. 1873 (U.S. Supreme Court) (403 U.S. 713; 91 S.Ct. 2140) (June 30, 1971) (Per Curiam) by In an action in the United States District Court for the Southern District of New York, the United States government sought an injunction against the publication by the …

Greer v. Miller, No. 85-2064 (U.S. Supreme Court) (483 U.S. 756; 107 S.Ct. 3102) (June 26, 1987) (Justice Powell)

Article • August 27, 2002

Filed under: Punch And Jurists, Comments on Defendant's Silence

Greer v. Miller, No. 85-2064 (U.S. Supreme Court) (483 U.S. 756; 107 S.Ct. 3102) (June 26, 1987) (Justice Powell) by Here a divided Court held that a prosecutor's prejudicial comment about the defendant's post-arrest silence did not infect the trial with unfairness because the weight of the evidence against the …

Wood v. Georgia, No. 79-6027 (U.S. Supreme Court) (450 U.S. 261; 101 S.Ct. 1097) (March 4, 1981) (Justice Powell)

Article • August 22, 2002

Filed under: Punch And Jurists, Conflict of Interest

Wood v. Georgia, No. 79-6027 (U.S. Supreme Court) (450 U.S. 261; 101 S.Ct. 1097) (March 4, 1981) (Justice Powell) by The principal thrust of this probation violation case was an attorney conflict of interest issue and the Court held that the Sixth Amendment carries a correlative right to representation that …

Glasser v. U.S., No. 30 (U.S. Supreme Court) (315 U.S. 60; 62 S.Ct. 457) (January 19, 2042) (Justice Murphy)

Article • August 21, 2002

Filed under: Punch And Jurists, Conflict of Interest

Glasser v. U.S., No. 30 (U.S. Supreme Court) (315 U.S. 60; 62 S.Ct. 457) (January 19, 2042) (Justice Murphy) by The petitioners in this case challenged their criminal convictions for conspiracy to defraud the United States under 18 U.S.C.S. § 88 by accepting payoffs in exchange for dismissing criminal charges …

Vasquez v. Hillery, No. 84-836 (U.S. Supreme Court) (474 U.S. 254; 106 S.Ct. 617) (January 14, 1986) (Justice Marshall)

Article • August 18, 2002

Filed under: Punch And Jurists, Bias/Discrimination

Vasquez v. Hillery, No. 84-836 (U.S. Supreme Court) (474 U.S. 254; 106 S.Ct. 617) (January 14, 1986) (Justice Marshall) by In this case the Court set aside a murder conviction some 23 years after the respondent had been convicted because of racial discrimination in the composition of the grand jury …

Sandstrom v. Montana, No. 78-5384 (U.S. Supreme Court) (442 U.S. 510; 99 S.Ct. 2450) (June 18, 1979) (Justice Brennan)

Article • August 18, 2002

Filed under: Punch And Jurists, Burden of Proof

Sandstrom v. Montana, No. 78-5384 (U.S. Supreme Court) (442 U.S. 510; 99 S.Ct. 2450) (June 18, 1979) (Justice Brennan) by The petitioner was convicted of intentional homicide in violation of a Montana statute, based on a jury instruction that the law presumed that a person intended the ordinary consequences of …

Blessing v. Freestone, No. 95-1441 (U.S. Supreme Court) (520 U.S. 329; 117 S.Ct. 1353) (April 21, 1997) (Justice O'Connor)

Article • August 15, 2002

Filed under: Punch And Jurists, Jurisdiction - Generally

Blessing v. Freestone, No. 95-1441 (U.S. Supreme Court) (520 U.S. 329; 117 S.Ct. 1353) (April 21, 1997) (Justice O'Connor) by In discussing the criteria for bringing a civil rights suit for damages under 42 U.S.C. § 1983, the Court explained: "Section 1983 imposes liability on anyone who, under color of …

Berra v. U.S., No. 60 (U.S. Supreme Court) (351 U.S. 131; 76 S.Ct. 685) (April 30, 2056) (Justice Harlan)

Article • August 14, 2002

Filed under: Punch And Jurists

Berra v. U.S., No. 60 (U.S. Supreme Court) (351 U.S. 131; 76 S.Ct. 685) (April 30, 2056) (Justice Harlan) by In this case the defendant waswas convicted of violating the antecedent of 26 U.S.C. § 7201, namely, §145 (b) of the 1939 Code, a felony statute. The defendant claimed that …

U.S. v. Batchelder, No. 78-776 (U.S. Supreme Court) (442 U.S. 114; 99 S.Ct. 2198) (June 4, 1979) (Justice Marshall)

Article • August 14, 2002

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Batchelder, No. 78-776 (U.S. Supreme Court) (442 U.S. 114; 99 S.Ct. 2198) (June 4, 1979) (Justice Marshall) by Here the Court held that when identical conduct runs afoul of more than one prohibition of the criminal law, serious consttitutional concerns arise and at least three different principles of …

Stone v. Powell, No. 74-1055 (U.S. Supreme Court) (428 U.S. 465; 96 S.Ct. 3037) (July 6, 1976) (Justice Powell)

Article • August 12, 2002

Filed under: Punch And Jurists, Fourth Amendment/Variance Violations

Stone v. Powell, No. 74-1055 (U.S. Supreme Court) (428 U.S. 465; 96 S.Ct. 3037) (July 6, 1976) (Justice Powell) by Petitioners (WHO WERE state corrections officials in these two consolidated cases) sought review of judgments from the United States Court of Appeals (for the Ninth Circuit in the case of …

Kentucky Dep't of Corrections v. Thompson, No. 87-1815 (U.S. Supreme Court) (490 U.S. 454; 109 S.Ct. 1904) (May 15, 1989) (Justice Blackmun)

Article • August 8, 2002

Filed under: Liberty Interests, Punch And Jurists

Kentucky Dep't of Corrections v. Thompson, No. 87-1815 (U.S. Supreme Court) (490 U.S. 454; 109 S.Ct. 1904) (May 15, 1989) (Justice Blackmun) by Case held that to articulate a claim under § 1983 alleging a violation of a liberty interest without procedural due process, an inmate must first establish that …

New Mexico v. Earnest, No. 85-162 (U.S. Supreme Court) (477 U.S. 648; 106 S.Ct. 2734) (June 27, 1986) (Per Curiam)

Article • August 8, 2002

Filed under: Punch And Jurists, Cross-Examination

New Mexico v. Earnest, No. 85-162 (U.S. Supreme Court) (477 U.S. 648; 106 S.Ct. 2734) (June 27, 1986) (Per Curiam) by In this brief decision, Justice Rehnquist noted in his concurring opinion: "As Lee v. Illinois [476 U.S. 530 (1986)] makes clear, to the extent that Douglas v. Alabama [380 …

Douglas v. Alabama, No. 313 (U.S. Supreme Court) (380 U.S. 415; 85 S.Ct. 1074) (April 5, 2065) (Justice Brennan)

Article • August 8, 2002

Filed under: Punch And Jurists, Cross-Examination

Douglas v. Alabama, No. 313 (U.S. Supreme Court) (380 U.S. 415; 85 S.Ct. 1074) (April 5, 2065) (Justice Brennan) by The petitioner in this case, Jesse Douglas, and another individual, Loyd, were tried separately on charges of assault with intent to commit murder. Loyd was tried first and found guilty. …