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Lee v. Illinois, No. 84-6807 (U.S. Supreme Court) (476 U.S. 530; 106 S.Ct. 2056) (June 3, 1986) (Justice Brennan)
Article • August 8, 2002
Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony
Lee v. Illinois, No. 84-6807 (U.S. Supreme Court) (476 U.S. 530; 106 S.Ct. 2056) (June 3, 1986) (Justice Brennan) by The majority observed that "On one level, the right to confront and cross-examine adverse witnesses contributes to the establishment of a system of criminal justice in which the perception as …
Newton v. Rumery, No. 85-1449 (U.S. Supreme Court) (480 U.S. 386; 107 S.Ct. 186) (March 9, 1987) (Justice Powell)
Article • August 8, 2002
Filed under: Punch And Jurists, Waiver of Appeal Rights
Newton v. Rumery, No. 85-1449 (U.S. Supreme Court) (480 U.S. 386; 107 S.Ct. 186) (March 9, 1987) (Justice Powell) by Here the Court reversed a First Circuit ruling that had adopted a rule that agreements under which a criminal defendant released his rights to file an action under § 1983 …
U.S. v. Grace, No. 81-1863 (U.S. Supreme Court) (461 U.S. 171; 103 S.Ct. 1702) (April 20, 1983) (Justice White)
Article • August 8, 2002
Filed under: Punch And Jurists, Vagueness/Overbreadth
U.S. v. Grace, No. 81-1863 (U.S. Supreme Court) (461 U.S. 171; 103 S.Ct. 1702) (April 20, 1983) (Justice White) by Here the Court held at 40 USC § 13k, which prohibited the displaying of any flags and banners in the Supreme Court building and on the surrounding public grounds was …
County of Sacramento v. Lewis, No. 96-1337 (U.S. Supreme Court) (523 U.S. 833; 118 S.Ct. 1708) (May 26, 1998) (Justice Souter)
Article • August 8, 2002
Filed under: Punch And Jurists, Deliberate Indifference
County of Sacramento v. Lewis, No. 96-1337 (U.S. Supreme Court) (523 U.S. 833; 118 S.Ct. 1708) (May 26, 1998) (Justice Souter) by In this case the police engaged in a high speed chase of a teen-aged suspect that resulted in the death of a passenger in the suspect's motorcycle when …
Garrett v. U.S., No. 83-1842 (U.S. Supreme Court) (471 U.S. 773; 105 S.Ct. 2407) (June 3, 1985) (Justice Rehnquist)
Article • August 7, 2002
Filed under: Punch And Jurists
Garrett v. U.S., No. 83-1842 (U.S. Supreme Court) (471 U.S. 773; 105 S.Ct. 2407) (June 3, 1985) (Justice Rehnquist) by Here the Court held that the language, structure and legislative history of the CCE statutes show that Congress intended the CCE offense to be a separate offense that is punishable …
Jones v. U.S., No. 97-9361 (U.S. Supreme Court) (527 U.S. 373; 119 S.Ct. 2090) (June 21, 1999) (Justice Thomas)
Article • August 7, 2002 • from P&J June, 1999
Filed under: Punch And Jurists
Jones v. U.S., No. 97-9361 (U.S. Supreme Court) (527 U.S. 373; 119 S.Ct. 2090) (June 21, 1999) (Justice Thomas) by This is the first case in which the Supreme Court upheld the expanded Federal Death Penalty Law (18 U.S.C. § 3591-3598), despite the vote of four Justices who claimed that …
Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart)
Article • August 7, 2002
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart) by In this case the police conducted a warrantless, four-day search of the apartment where the defendant had killed a police officer. Rejecting the State's argument that the man had forfeited …
Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart)
Article • August 7, 2002
Filed under: Punch And Jurists, Voluntary Nature/Voluntariness
Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart) by In this case the police conducted a warrantless, four-day search of the apartment where the defendant had killed a police officer. In the evening of the same day as the …
Alabama v. Smith, No. 88-333 (U.S. Supreme Court) (490 U.S. 794; 109 S.Ct. 2201) (June 12, 1989) (Justice Rehnquist)
Article • August 5, 2002
Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing
Alabama v. Smith, No. 88-333 (U.S. Supreme Court) (490 U.S. 794; 109 S.Ct. 2201) (June 12, 1989) (Justice Rehnquist) by The respondent/prisoner in this case plead guilty to burglary and rape, and was sentenced to 30 year consecutive terms. The guilty pleas were subsequently overturned on appeal, and the prisoner …
U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (207 F.Supp.2d 856) (June 10, 2002) (Judge William C. Lee)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Daubert Standards
U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (207 F.Supp.2d 856) (June 10, 2002) (Judge William C. Lee) by Here the Court denied a defense motion to exclude expert testimony relating to footware impression testimony, holding that it met the standards of reliability called for by Daubert and that it was relevant …
Henderson v. Walls, No. 00-3834 (7th Cir.) (296 F.3d 541) (July 9, 2002) (Judge Diane P. Wood)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Batson Claims
Henderson v. Walls, No. 00-3834 (7th Cir.) (296 F.3d 541) (July 9, 2002) (Judge Diane P. Wood) by In 1987, the petitioner in this case, Demetrius Henderson, was convicted of kidnapping, raping and murdering a 16-year old victim. Ever since then, he has been attempting to convince the courts that …
U.S. v. Wiseman, No. 01-2122 (10th Cir.) (297 F.3d 975) (July 18, 2002) (Judge Diana E. Murphy)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Guns - Type of
U.S. v. Wiseman, No. 01-2122 (10th Cir.) (297 F.3d 975) (July 18, 2002) (Judge Diana E. Murphy) by Where the trial court (rather than the jury) found that defendant used a semiautomatic assault weapon when he committed Hobbs Act robberies, defendant must be resentenced as to that conviction, to a …
U.S. v. Carrington, No. 99-4537 (4th Cir.) (301 F.3d 204) (August 22, 2002) (Judge Paul V. Niemeyer)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Plain Error
U.S. v. Carrington, No. 99-4537 (4th Cir.) (301 F.3d 204) (August 22, 2002) (Judge Paul V. Niemeyer) by Here the Court held that, although a sentence based on 1) an indictment that failed to specify drug quantity and 2) absence of a jury finding as to quantity, was plain error …
Detroit Free Press v. Ashcroft, No. 02-1437 (6th Cir.) (303 F.3d 681) (August 26, 2002) (Judge Damon J. Keith)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Closure of Courtroom
Detroit Free Press v. Ashcroft, No. 02-1437 (6th Cir.) (303 F.3d 681) (August 26, 2002) (Judge Damon J. Keith) by Here the Court held that the DOJ had acted unlawfully in holding hundreds of deportation hearings in secret based only on the Government’s assertion of links to terrorism and invalidated, …
Bailey v. Weber, No. 01-1550 (8th Cir.) (295 F.3d 852) (July 10, 2002) (Judge Roger L. Wollman)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Knowingly and Voluntarily Made
Bailey v. Weber, No. 01-1550 (8th Cir.) (295 F.3d 852) (July 10, 2002) (Judge Roger L. Wollman) by Here the Court affirmed the denial of a writ of habeas corpus, holding that the defendant’s plea agreement was knowingly and voluntarily made despite fact that he had an IQ of 66 …
U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (208 F.Supp.2d 984) (June 19, 2002) (Judge William C. Lee)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Daubert Standards
U.S. v. Allen, No. 1:01-CR-80 (N.D.Ind.) (208 F.Supp.2d 984) (June 19, 2002) (Judge William C. Lee) by Here, following its earlier ruling reported at 207 F.Supp.2d 856, the Court denied the defendant's motion in limine to exclude expert testimony regarding footwear impression evidence, holding that the methodology employed was sufficiently …
Duckett v. Mullin, No. 00-6292 (10th Cir.) (306 F.3d 982) (September 4, 2002) (Judge Carlos Lucero)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Improper Comments
Duckett v. Mullin, No. 00-6292 (10th Cir.) (306 F.3d 982) (September 4, 2002) (Judge Carlos Lucero) by Although a district attorney's "inappropriate" commentary at trial was intentional and calculated, a habeas petitioner could not show that prosecutorial misconduct so infected the trial as to make the proceeding fundamentally unfair. This …
U.S. v. Hyde, No. CR02-0016 PJH (N.D.Cal.) (208 F.Supp.2d 1052) (June 17, 2002) (Judge Magistrate)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists
U.S. v. Hyde, No. CR02-0016 PJH (N.D.Cal.) (208 F.Supp.2d 1052) (June 17, 2002) (Judge Magistrate) by Here the Court granted the defendant's motion to seal the information contained in a financial affidavit filed to obtain counsel on the grounds that there was a sufficiently real risk of self-incrimination through the …
U.S. v. Ramos, No. CR.A. 02-30007-MAP (D.Mass.) (210 F.Supp.2d 1) (June 4, 2002) (Judge Magistrate)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Informer's Privilege
U.S. v. Ramos, No. CR.A. 02-30007-MAP (D.Mass.) (210 F.Supp.2d 1) (June 4, 2002) (Judge Magistrate) by Here, the Court directed the Government to disclose to the defense, “forthwith,” the name and criminal history of a confidential informant who was directly involved in at least three of the transactions with which …
U.S. v. Campbell, No. 00-1698 (3rd Cir.) (295 F.3d 398) (July 2, 2002) (Judge Julio M. Fuentes)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Plain Error
U.S. v. Campbell, No. 00-1698 (3rd Cir.) (295 F.3d 398) (July 2, 2002) (Judge Julio M. Fuentes) by Here the Court held that even though the defendant's 22-year sentence violated the Apprendi rule, the error did not affect the defendant's substantial rights nor seriously affect the fairness, integrity or public …
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