Search | Punch and Jurists

U.S. v. Truman, No. 01-5072 (6th Cir.) (304 F.3d 586) (August 29, 2002) (Judge David M. Lawson)

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

Filed under: Punch And Jurists, Cooperation with Local Authorities

U.S. v. Truman, No. 01-5072 (6th Cir.) (304 F.3d 586) (August 29, 2002) (Judge David M. Lawson) by This is an important Guidelines’ decision that will probably ignite an immediate debate about the scope of U.S.S.G. § 5K1.1 - and set off a flurry of a whole range of new …

U.S. v. Butler, No. 99-3867 (6th Cir.) (297 F.3d 505) (July 30, 2002) (Judge Karen Nelson Moore)

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

Filed under: Punch And Jurists

U.S. v. Butler, No. 99-3867 (6th Cir.) (297 F.3d 505) (July 30, 2002) (Judge Karen Nelson Moore) by Here, while the Court agreed that restitution for tax offenses could not be ordered under the VWPA since thaqt act does not apply to Title 26 offenses, it also held that the …

Mantilla v. U.S., No. 99-5923 (3rd Cir.) (302 F.3d 182) (September 3, 2002) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Return/Retention of Property

Mantilla v. U.S., No. 99-5923 (3rd Cir.) (302 F.3d 182) (September 3, 2002) (Judge Thomas L. Ambro) by The appellant in this case, Eduardo Mantilla, was convicted in 1992 of three counts of conspiring to import, possess and distribute large quantities of drugs in violation of 21 U.S.C. §§ 846 …

U.S. v. Avery, No. 00-3262 (10th Cir.) (295 F.3d 1158) (July 9, 2002) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Jurisdiction

U.S. v. Avery, No. 00-3262 (10th Cir.) (295 F.3d 1158) (July 9, 2002) (Judge David M. Ebel) by Here the Court rejected the defendant's contention that the failure of his indictment to allege all the essential elements of his crime constituted a jurisdictional defect under Apprendi requiring dismissal of his …

Thompson v. Davis, No. 01-15091 (9th Cir.) (295 F.3d 890) (July 3, 2002) (Per Curiam)

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

Filed under: Americans with Disabilities Act, Punch And Jurists

Thompson v. Davis, No. 01-15091 (9th Cir.) (295 F.3d 890) (July 3, 2002) (Per Curiam) by Here the Court held that state parole boards may not deny parole to prisoners solely on the grounds that they were former drug addicts because the Americans With Disabilities Act (42 USC § 12101 …

U.S. v. Stennett, No. CR. CCB-02-0124 (D.Md.) (208 F.Supp.2d 578) (July 3, 2002) (Judge Catherine C. Blake)

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

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Stennett, No. CR. CCB-02-0124 (D.Md.) (208 F.Supp.2d 578) (July 3, 2002) (Judge Catherine C. Blake) by The Court held that evidence that defendant had possessed unrelated firearm and unrelated ammunition two years earlier was not relevant under Rule 404(b) to whether he he knowingly possessed different firearm on …

U.S. v. Bass, No. 70-71 (U.S. Supreme Court) (404 U.S. 336; 92 S.Ct. 515) (December 20, 1971) (Justice Marshall)

Article • July 29, 2002

Filed under: Punch And Jurists, Rule of Lenity

U.S. v. Bass, No. 70-71 (U.S. Supreme Court) (404 U.S. 336; 92 S.Ct. 515) (December 20, 1971) (Justice Marshall) by In this case, the respondent was convicted of possessing firearms in violation of § 1202 (a)(1) of the Omnibus Crime Control and Safe Streets Act, which provides that a person …

Parr v. U.S., No. 320 (U.S. Supreme Court) (351 U.S. 513; 76 S.Ct. 912) (June 11, 2056) (Justice Harlan)

Article • July 29, 2002

Filed under: Punch And Jurists, Collateral Order Exception

Parr v. U.S., No. 320 (U.S. Supreme Court) (351 U.S. 513; 76 S.Ct. 912) (June 11, 2056) (Justice Harlan) by In this case the Court analyzed some of the cases that fall within the exception to the finality of judgment rule that was established by the Supreme Court in Cohen …

Raley v. Ohio, No. 175 (U.S. Supreme Court) (360 U.S. 433; 79 S.Ct. 1257) (June 22, 2059) (Justice Brennan)

Article • July 29, 2002

Filed under: Punch And Jurists, Entrapment by Estoppel

Raley v. Ohio, No. 175 (U.S. Supreme Court) (360 U.S. 433; 79 S.Ct. 1257) (June 22, 2059) (Justice Brennan) by Here the Court reversed the contempt convictions of several witnesses who refused to testify before Congress based on a defense of entrapment by estoppel, since the appellants had relied on …

California v. Carney, No. 83-859 (U.S. Supreme Court) (471 U.S. 386; 105 S.Ct. 2066) (May 13, 1985) (Justice Burger)

Article • July 29, 2002

Filed under: Punch And Jurists, Searches - Automobile

California v. Carney, No. 83-859 (U.S. Supreme Court) (471 U.S. 386; 105 S.Ct. 2066) (May 13, 1985) (Justice Burger) by Here the Court held that the automobile exception to the warrant requirement applies even to motor homes, parked in a public place, pm the theory that it possessed the elements …

Klopfer v. North Carolina, No. 100 (U.S. Supreme Court) (386 U.S. 213; 87 S.Ct. 988) (March 13, 2067) (Justice Warren)

Article • July 27, 2002

Filed under: Punch And Jurists, Speedy Trial Rights

Klopfer v. North Carolina, No. 100 (U.S. Supreme Court) (386 U.S. 213; 87 S.Ct. 988) (March 13, 2067) (Justice Warren) by The question before the Court in this case was whether a State may indefinitely postpone prosecution on an indictment without stated justification over the objection of an accused who …

Gomez v. Toledo, No. 79-5601 (U.S. Supreme Court) (446 U.S. 635; 100 S.Ct. 1920) (May 27, 1980) (Justice Marshall)

Article • July 27, 2002

Filed under: Punch And Jurists, Affirmative Defenses

Gomez v. Toledo, No. 79-5601 (U.S. Supreme Court) (446 U.S. 635; 100 S.Ct. 1920) (May 27, 1980) (Justice Marshall) by Here, citing the provisions of Fed.R.Civ.P. 8(c), which requires a defendant to plead any "matter constituting an avoidance or affirmative defense," the Court held that immunity is an affirmative defense …

Dunn v. U.S., No. 77-6949 (U.S. Supreme Court) (442 U.S. 100; 99 S.Ct. 2190) (June 4, 1979) (Justice Marshall)

Article • July 27, 2002

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Dunn v. U.S., No. 77-6949 (U.S. Supreme Court) (442 U.S. 100; 99 S.Ct. 2190) (June 4, 1979) (Justice Marshall) by Case held that an interview in a private attorney's office at which a sworn statement is given does not constitute a "proceeding ancillary to a court or grand jury" within …

California v. Green, No. 387 (U.S. Supreme Court) (399 U.S. 149; 90 S.Ct. 1930) (June 23, 1970) (Justice White)

Article • July 27, 2002

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

California v. Green, No. 387 (U.S. Supreme Court) (399 U.S. 149; 90 S.Ct. 1930) (June 23, 1970) (Justice White) by The respondent in this case, John Anthony Green, was convicted of furnishing marihuana to a minor in violation of California law, chiefly on the basis of evidence consisting of prior …

Gagnon v. Scarpelli, No. 71-1225 (U.S. Supreme Court) (411 U.S. 778; 93 S.Ct. 1756) (May 14, 1973) (Justice Powell)

Article • July 26, 2002

Filed under: Punch And Jurists, Fair Trial

Gagnon v. Scarpelli, No. 71-1225 (U.S. Supreme Court) (411 U.S. 778; 93 S.Ct. 1756) (May 14, 1973) (Justice Powell) by The respondent inmate filed a petition for habeas corpus relief against petitioner state official after inmate's probation for armed robbery was revoked without a hearing and without benefit of counsel. …

Jackson v. Denno, No. 62 (U.S. Supreme Court) (378 U.S. 368; 84 S.Ct. 1774) (June 22, 2064) (Justice White)

Article • July 19, 2002

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Jackson v. Denno, No. 62 (U.S. Supreme Court) (378 U.S. 368; 84 S.Ct. 1774) (June 22, 2064) (Justice White) by Here the Court held that when the voluntariness of a confession is at issue there must be a procedure adopted which provides "a reliable and clearcut determination of . . …

Hurtado v. U.S., No. 71-6742 (U.S. Supreme Court) (410 U.S. 578; 93 S.Ct. 1157) (March 5, 1973) (Justice Stewart)

Article • July 19, 2002

Filed under: Punch And Jurists

Hurtado v. U.S., No. 71-6742 (U.S. Supreme Court) (410 U.S. 578; 93 S.Ct. 1157) (March 5, 1973) (Justice Stewart) by In this case the petitioners, inmates who were citizens of Mexico, were detained as material witnesses at the federal criminal trials of those accused of illegally bringing them into this …

U.S. v. Dionisio, No. 71-229 (U.S. Supreme Court) (410 U.S. 1; 93 S.Ct. 764) (January 22, 1973) (Justice Stewart)

Article • July 14, 2002

Filed under: Punch And Jurists, Seizure

U.S. v. Dionisio, No. 71-229 (U.S. Supreme Court) (410 U.S. 1; 93 S.Ct. 764) (January 22, 1973) (Justice Stewart) by Here the Court held that a grand jury subpoena is not a "seizure" within the meaning of the Fourth Amendment and that a grand jury directive compelling production of "physical …

U.S. v. Mara, No. 71-850 (U.S. Supreme Court) (410 U.S. 10; 93 S.Ct. 774) (January 22, 1973) (Justice Stewart)

Article • July 14, 2002

Filed under: Punch And Jurists, Handwriting Analysis and Exemplars

U.S. v. Mara, No. 71-850 (U.S. Supreme Court) (410 U.S. 10; 93 S.Ct. 774) (January 22, 1973) (Justice Stewart) by Here the Court held that a person could be compelled to give handwriting exemplars to a grand jury because handwriting, like speech, was repeatedly shown to the public and hence …

Baker v. Carr, No. 6 (U.S. Supreme Court) (369 U.S. 186; 82 S.Ct. 691) (March 26, 2062) (Justice Brennan)

Article • July 7, 2002

Filed under: Punch And Jurists, Political Beliefs/Positions/Questions

Baker v. Carr, No. 6 (U.S. Supreme Court) (369 U.S. 186; 82 S.Ct. 691) (March 26, 2062) (Justice Brennan) by Here the Court affirmed the principle that "political questions" - i.e., controversies which revolve around policy choices and value determinations constitutionally committed to the Congress or Executive Branch - are …