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Trop v. Dulles, No. 70 (U.S. Supreme Court) (356 U.S. 86; 78 S.Ct. 590) (March 31, 2058) (Justice Warren)

Article • June 27, 2002

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Trop v. Dulles, No. 70 (U.S. Supreme Court) (356 U.S. 86; 78 S.Ct. 590) (March 31, 2058) (Justice Warren) by The petitioner in this case, Albert Trop, a native-born American, was declared to have lost his United States citizenship and become stateless by reason of his conviction by court-martial for …

Thompson v. Keohane, No. 94-6615 (U.S. Supreme Court) (516 U.S. 99; 116 S.Ct. 457) (November 29, 1995) (Justice Ginsburg)

Article • June 26, 2002

Filed under: Punch And Jurists, Miranda

Thompson v. Keohane, No. 94-6615 (U.S. Supreme Court) (516 U.S. 99; 116 S.Ct. 457) (November 29, 1995) (Justice Ginsburg) by Case reviewed "in custody requirements" for Miranda warnings - and concluded that the ultimate question is whether there was a formal arrest or a restraint on freedom of movement of …

Walton v. Arizona, No. 88-7351 (U.S. Supreme Court) (497 U.S. 639; 110 S.Ct. 3047) (June 27, 1990) (Justice White)

Article • June 25, 2002

Filed under: Punch And Jurists, Burden of Proof

Walton v. Arizona, No. 88-7351 (U.S. Supreme Court) (497 U.S. 639; 110 S.Ct. 3047) (June 27, 1990) (Justice White) by In this case, the Court was faced with a challenge to the "proportionality review" of a capital sentence - i.e., a comparison of the sentence imposed in the instant case …

Massiah v. U.S., No. 199 (U.S. Supreme Court) (377 U.S. 201; 84 S.Ct. 1199) (May 18, 2064) (Justice Stewart)

Article • June 23, 2002

Filed under: Punch And Jurists, Massiah Rule

Massiah v. U.S., No. 199 (U.S. Supreme Court) (377 U.S. 201; 84 S.Ct. 1199) (May 18, 2064) (Justice Stewart) by Court held that the Sixth Amendment right to counsel, even though that right is offense specific, prohibits the Government from deliberately eliciting "incriminating evidence" from an accused after he has …

U.S. v. Nixon, No. 73-1766 (U.S. Supreme Court) (418 U.S. 683; 94 S.Ct. 3090) (July 24, 1974) (Justice Burger)

Article • June 21, 2002

Filed under: Punch And Jurists, Subpoenas

U.S. v. Nixon, No. 73-1766 (U.S. Supreme Court) (418 U.S. 683; 94 S.Ct. 3090) (July 24, 1974) (Justice Burger) by In this case the Court held that President Nixon was obligated to comply with a subpoena commanding him to produce certain tape recordings of his conversations with his aides. The …

McCormick v. U.S., No. 89-1918 (U.S. Supreme Court) (500 U.S. 257; 111 S.Ct. 1807) (May 23, 1991) (Justice White)

Article • June 21, 2002

Filed under: Punch And Jurists, Sufficiency of Evidence

McCormick v. U.S., No. 89-1918 (U.S. Supreme Court) (500 U.S. 257; 111 S.Ct. 1807) (May 23, 1991) (Justice White) by In this case the Court held that a state legislator did not violate the anti-extortion Hobbs Act (18 U.S.C. §1951) by accepting campaign contributions without an explicit exchange of improper …

Immigration and Naturalization Service v. Delgado, No. 82-1271 (U.S. Supreme Court) (466 U.S. 210; 104 S.Ct. 1758) (April 17, 1984) (Justice Rehnquist)

Article • June 19, 2002

Filed under: Punch And Jurists, Seizure

Immigration and Naturalization Service v. Delgado, No. 82-1271 (U.S. Supreme Court) (466 U.S. 210; 104 S.Ct. 1758) (April 17, 1984) (Justice Rehnquist) by As part of its ongoing efforts to enforce the immigration laws, the Immigration and Naturalization Service (INS) conducted "surveys" of those workplaces that it had reason to …

Caspari v. Bohlen, No. 92-1500 (U.S. Supreme Court) (510 U.S. 383; 114 S.Ct. 848) (February 23, 1994) (Justice O'Connor)

Article • June 17, 2002

Filed under: Punch And Jurists

Caspari v. Bohlen, No. 92-1500 (U.S. Supreme Court) (510 U.S. 383; 114 S.Ct. 848) (February 23, 1994) (Justice O'Connor) by In reviewing the standards laid down by Teague v. Lane, 489 U.S. 288, the Court held that a case does not announce a "new rule" of criminal procedure if the …

Strickland v. Washington, No. 82-1554 (U.S. Supreme Court) (466 U.S. 668; 104 S.Ct. 2052) (May 14, 1984) (Justice O'Connor)

Article • June 16, 2002

Filed under: Punch And Jurists, Strickland Standard

Strickland v. Washington, No. 82-1554 (U.S. Supreme Court) (466 U.S. 668; 104 S.Ct. 2052) (May 14, 1984) (Justice O'Connor) by This case established the standards for determining when ineffective assistance of counsel occurs by creating a two-part test: whether counsel's performance was deficient and whether that deficient performance prejudiced the …

U.S. v. Henry, No. 79-121 (U.S. Supreme Court) (447 U.S. 264; 100 S.Ct. 2183) (June 16, 1980) (Justice Burger)

Article • June 16, 2002

Filed under: Punch And Jurists, Massiah Rule

U.S. v. Henry, No. 79-121 (U.S. Supreme Court) (447 U.S. 264; 100 S.Ct. 2183) (June 16, 1980) (Justice Burger) by This case involved a bank robbery, for which Henry was eventually arrested and held in the Norfolk, Virginia, city jail, following indictment and appointment of counsel. Shortly after Henry was …

Brewer v. Williams, No. 74-1263 (U.S. Supreme Court) (430 U.S. 387; 97 S.Ct. 1232) (March 23, 1977) (Justice Stewart)

Article • June 16, 2002

Filed under: Punch And Jurists, Massiah Rule

Brewer v. Williams, No. 74-1263 (U.S. Supreme Court) (430 U.S. 387; 97 S.Ct. 1232) (March 23, 1977) (Justice Stewart) by In this case, after the defendant was arrested, booked and given his Miranda rights, he was driven by a detective from Davenport to Des Moines. In the course of that …

Maine v. Moulton, No. 84-786 (U.S. Supreme Court) (474 U.S. 159; 106 S.Ct. 477) (December 10, 1985) (Justice Brennan)

Article • June 15, 2002

Filed under: Punch And Jurists, Massiah Rule

Maine v. Moulton, No. 84-786 (U.S. Supreme Court) (474 U.S. 159; 106 S.Ct. 477) (December 10, 1985) (Justice Brennan) by Case held that the Government violated the defendant's Sixth Amendment right to counsel when it interrogated him post-indictment without counsel, even though this interrogation was part of a legitimate investigation …

Kuhlmann v. Wilson, No. 84-1479 (U.S. Supreme Court) (477 U.S. 436; 106 S.Ct. 2616) (June 26, 1986) (Justice Powell)

Article • June 15, 2002

Filed under: Punch And Jurists, Massiah Rule

Kuhlmann v. Wilson, No. 84-1479 (U.S. Supreme Court) (477 U.S. 436; 106 S.Ct. 2616) (June 26, 1986) (Justice Powell) by This the only decision in which the Supreme Court has denied relief on a "Massiah claim." Here the Court considered a case in which a "jailhouse informant" was purportedly placed …

Ex Parte Mitsuye Endo, No. 70 (U.S. Supreme Court) (323 U.S. 283; 65 S.Ct. 208) (December 18, 2044) (Justice Douglas)

Article • June 11, 2002

Filed under: Punch And Jurists, Jurisdiction

Ex Parte Mitsuye Endo, No. 70 (U.S. Supreme Court) (323 U.S. 283; 65 S.Ct. 208) (December 18, 2044) (Justice Douglas) by In this case, the Supreme Court considered the habeas corpus petition of a Japanese-American who had been placed in an internment camp and held that where a District Court …

Braden v. 30th Judicial Circuit Court, No. 71-6516 (U.S. Supreme Court) (410 U.S. 484; 93 S.Ct. 1123) (February 28, 1973) (Justice Brennan)

Article • June 9, 2002

Filed under: Punch And Jurists

Braden v. 30th Judicial Circuit Court, No. 71-6516 (U.S. Supreme Court) (410 U.S. 484; 93 S.Ct. 1123) (February 28, 1973) (Justice Brennan) by The Petitioner in this casw was serving a sentence in an Alabama prison. He applied to the District Court for the Western District of Kentucky for a …

Cockrell v. Burdine, No. 01-495 (U.S. Supreme Court) (535 U.S. 1120; 122 S.Ct. 2347) (June 3, 2002) (Per Curiam)

Article • June 9, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Counsel - Constructive denial of

Cockrell v. Burdine, No. 01-495 (U.S. Supreme Court) (535 U.S. 1120; 122 S.Ct. 2347) (June 3, 2002) (Per Curiam) by Several times in the past few years we have commented on some of the prior appeals in this well-publicized capital case, which has become known in the press as the …

Securities and Exchange Commission v. Zandford, No. 01-147 (U.S. Supreme Court) (535 U.S. 813; 122 S.Ct. 1899) (June 3, 2002) (Justice Stevens)

Article • June 7, 2002 • from P&J May, 2002

Filed under: Punch And Jurists

Securities and Exchange Commission v. Zandford, No. 01-147 (U.S. Supreme Court) (535 U.S. 813; 122 S.Ct. 1899) (June 3, 2002) (Justice Stevens) by The defendant in this case, Charles Zandford, was convicted of thirteen counts of wire fraud for stealing approximately $420,000 from two of his investment clients. He was …

Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy)

Article • June 4, 2002

Filed under: Punch And Jurists, Supervisory Powers

Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy) by This issue presented in this case was whether a district court may invoke its supervisory power to dismiss an indictment for prosecutorial misconduct in a grand jury …

U.S. v. Mechanik, No. 84-1640 (U.S. Supreme Court) (475 U.S. 66; 106 S.Ct. 938) (February 25, 1986) (Justice Rehnquist)

Article • June 4, 2002

Filed under: Punch And Jurists, Supervisory Powers

U.S. v. Mechanik, No. 84-1640 (U.S. Supreme Court) (475 U.S. 66; 106 S.Ct. 938) (February 25, 1986) (Justice Rehnquist) by Federal Rule of Criminal Procedure 6(d) states that only specified persons including "the witness under examination" may be present at a grand jury proceeding. In these consolidated cases, two Government …

Costello v. U.S., No. 72 (U.S. Supreme Court) (350 U.S. 359; 76 S.Ct. 406) (March 5, 2056) (Justice Black)

Article • June 4, 2002

Filed under: Punch And Jurists, Supervisory Powers

Costello v. U.S., No. 72 (U.S. Supreme Court) (350 U.S. 359; 76 S.Ct. 406) (March 5, 2056) (Justice Black) by The sole issue before the Court in this case was "May a defendant be required to stand trial and a conviction be sustained where only hearsay evidence was presented to …