Search | Punch and Jurists

U.S. v. Traeger, No. 01-2154 (7th Cir.) (289 F.3d 461) (May 8, 2002) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Traeger, No. 01-2154 (7th Cir.) (289 F.3d 461) (May 8, 2002) (Judge Terrence T. Evans) by

Deal v. U.S., No. 91-8199 (U.S. Supreme Court) (508 U.S. 129; 113 S.Ct. 1993) (May 17, 1993) (Justice Scalia)

Article • May 30, 2002

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

Deal v. U.S., No. 91-8199 (U.S. Supreme Court) (508 U.S. 129; 113 S.Ct. 1993) (May 17, 1993) (Justice Scalia) by The petitioner in this case was convicted of six counts of bank robbery, 18 U.S.C. § 2113(a) and (d), six counts of carrying and using a firearm during and in …

Cox v. Louisiana, No. 24 (U.S. Supreme Court) (379 U.S. 536; 85 S.Ct. 453) (January 18, 2065) (Justice Goldberg)

Article • May 25, 2002

Filed under: Punch And Jurists, Entrapment by Estoppel

Cox v. Louisiana, No. 24 (U.S. Supreme Court) (379 U.S. 536; 85 S.Ct. 453) (January 18, 2065) (Justice Goldberg) by This case is part of the Supreme Court's line of cases dealing with the topic of entrapment by estoppel - a narrow exception to the general rule of law that …

Scott v. Illinois, No. 77-1177 (U.S. Supreme Court) (440 U.S. 367; 99 S.Ct. 1158) (March 5, 1979) (Justice Rehnquist)

Article • May 21, 2002

Filed under: Punch And Jurists, Misdemeanor Offenses

Scott v. Illinois, No. 77-1177 (U.S. Supreme Court) (440 U.S. 367; 99 S.Ct. 1158) (March 5, 1979) (Justice Rehnquist) by Here the Court held that the 6th and 14th Amendments "require only that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him …

Argersinger v. Hamlin, No. 70-5015 (U.S. Supreme Court) (407 U.S. 25; 92 S.Ct. 2006) (June 12, 1972) (Justice Douglas)

Article • May 21, 2002

Filed under: Punch And Jurists, Misdemeanor Offenses

Argersinger v. Hamlin, No. 70-5015 (U.S. Supreme Court) (407 U.S. 25; 92 S.Ct. 2006) (June 12, 1972) (Justice Douglas) by Here the Court held that the right to counsel applies to any offense - misdemeanor or felony - for which a term of imprisonment is imposed; and that the right …

Mathews v. U.S., No. 86-6109 (U.S. Supreme Court) (485 U.S. 58; 108 S.Ct. 883) (February 24, 1988) (Justice Rehnquist)

Article • May 19, 2002

Filed under: Standing, Punch And Jurists

Mathews v. U.S., No. 86-6109 (U.S. Supreme Court) (485 U.S. 58; 108 S.Ct. 883) (February 24, 1988) (Justice Rehnquist) by Here the Court held that a defendant may be entitled to a jury instruction on the affirmative defense of entrapment even if he denies one or more of the elements …

U.S. v. Place, No. 81-1617 (U.S. Supreme Court) (462 U.S. 696; 103 S.Ct. 2637) (June 20, 1983) (Justice O'Connor)

Article • May 6, 2002

Filed under: Punch And Jurists, Searches - Containers/Luggage

U.S. v. Place, No. 81-1617 (U.S. Supreme Court) (462 U.S. 696; 103 S.Ct. 2637) (June 20, 1983) (Justice O'Connor) by Here the Court held that a citizen has no legitimate exoextation to be free from having his luggage subjected to a "canine sniff" by a nartoctics detection dog since it …

Segura v. U.S., No. 82-5298 (U.S. Supreme Court) (468 U.S. 796; 104 S.Ct. 3380) (July 5, 1984) (Justice Burger)

Article • May 6, 2002

Filed under: Punch And Jurists, Independent Source Doctrine

Segura v. U.S., No. 82-5298 (U.S. Supreme Court) (468 U.S. 796; 104 S.Ct. 3380) (July 5, 1984) (Justice Burger) by Here the Court held that because a second search pursuant to a warrant was undertaken independent of an initial illegal search, evidence resulting from the latter search was admissible despite …

Pennsylvania Dep't of Corrections v. Yeskey, No. 97-634 (U.S. Supreme Court) (524 U.S. 206; 118 S.Ct. 1952) (June 15, 1998) (Justice Scalia)

Article • May 2, 2002

Filed under: Americans with Disabilities Act, Punch And Jurists

Pennsylvania Dep't of Corrections v. Yeskey, No. 97-634 (U.S. Supreme Court) (524 U.S. 206; 118 S.Ct. 1952) (June 15, 1998) (Justice Scalia) by Here the Court held that Title II of the ADA apprlies to State prisons, noting that modern prisons provide inmates with many recreational, educational and vocational programs …

Bracy v. Schomig, No. 99-4318 (7th Cir.) (286 F.3d 406) (March 29, 2002) (Judge Terrence T. Evans)

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

Filed under: Punch And Jurists, Burden of Proof

Bracy v. Schomig, No. 99-4318 (7th Cir.) (286 F.3d 406) (March 29, 2002) (Judge Terrence T. Evans) by The history of this case goes back more than 20 years; and for most of that time William Bracy and Roger Collins have been seeking to obtain relief from a death penalty …

Toolasprashad v. Bureau of Prisons, No. 00-5425 (D.C. Cir.) (286 F.3d 576) (April 19, 2002) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Toolasprashad v. Bureau of Prisons, No. 00-5425 (D.C. Cir.) (286 F.3d 576) (April 19, 2002) (Judge David S. Tatel) by This case is noted principally for its strong endorsement of the use of the Privacy Act (5 U.S.C. § 552a) as a tool for combating retaliatory transfers and reclassifications or …

U.S. v. Edwards, No. CRIM.01-190-(PLF) (D.D.C.) (191 F.Supp.2d 88) (February 27, 2002) (Judge Paul L. Friedman)

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

Filed under: Punch And Jurists, Witnesses - Examination of

U.S. v. Edwards, No. CRIM.01-190-(PLF) (D.D.C.) (191 F.Supp.2d 88) (February 27, 2002) (Judge Paul L. Friedman) by This is an interesting case in which Richard A. Seligman, Esq. counsel for the defendant Donald Edwards, served a subpoena duces tecum on the Office of the General Counsel of the Federal Bureau …

U.S. v. Flemmi, No. CR 94-10287-MLW (D.Mass.) (195 F.Supp.2d 243) (August 30, 2001) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Flemmi, No. CR 94-10287-MLW (D.Mass.) (195 F.Supp.2d 243) (August 30, 2001) (Judge Mark L. Wolf) by This Sentencing Memorandum is noted principally as the culmination of many key decisions in the long and shameful saga of the many efforts by the FBI, the Department of Justice and many …

U.S. v. Davenport, No. 00-10572 (5th Cir.) (286 F.3d 217) (March 14, 2002) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists, Sentences - Length/Severity of

U.S. v. Davenport, No. 00-10572 (5th Cir.) (286 F.3d 217) (March 14, 2002) (Judge Edith Brown Clement) by Here the Court held that it was not an abuse of discretion for the district court to impose a 13-year upward departure to a Guideline sentence of 7 years based on the …

U.S. v. Jordan, No. 00-10233 (9th Cir.) (291 F.3d 1091) (May 30, 2002) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Harmless Error

U.S. v. Jordan, No. 00-10233 (9th Cir.) (291 F.3d 1091) (May 30, 2002) (Judge Ronald M. Gould) by The instant case is significant because it is one of the first cases we have seen to address an important question arising out of the Supreme Court's decision in Apprendi v. New …

Denton v. Hernandez, No. 02-70339 (E.D.Mich.) (195 F.Supp.2d 937) (April 3, 2002) (Judge Nancy G. Edmunds)

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

Filed under: Punch And Jurists, Closure of Courtroom

Denton v. Hernandez, No. 02-70339 (E.D.Mich.) (195 F.Supp.2d 937) (April 3, 2002) (Judge Nancy G. Edmunds) by Here the Court granted the plaintiffs an injunction against the closure of all deportation hearings involving persons determined by the Government to be "special interest" cases, on the grounds that such a blanket …

U.S. v. Buckland, No. 99-30285 (9th Cir.) (289 F.3d 558) (May 7, 2002) (Judge Stephen S. Trott)

Article • May 1, 2002 • from P&J August, 2001

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Buckland, No. 99-30285 (9th Cir.) (289 F.3d 558) (May 7, 2002) (Judge Stephen S. Trott) by This decision amends in minor respects the en banc court's prior decision reported at 277 F.3d 1173 (9th Cir. 2002) - but again affirmed that the Supreme Court's decision in Apprendi v. …

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (285 F.3d 1117) (April 12, 2002) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (285 F.3d 1117) (April 12, 2002) (Judge A. Wallace Tashima) by The defendant in this case pled guilty to transporting illegal aliens, but he reserved the right to appeal the denial of his motion to suppress evidence obtained as a result of an …

Fattahi v. Bureau of Alcohol, Tobacco & Firearms, No. CIV.A. 01-1094-A (E.D.Va.) (195 F.Supp.2d 745) (April 2, 2002) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Fattahi v. Bureau of Alcohol, Tobacco & Firearms, No. CIV.A. 01-1094-A (E.D.Va.) (195 F.Supp.2d 745) (April 2, 2002) (Judge Thomas Selby III Ellis) by Here the Court declined to reconsider it decision reported at 186 F.Supp.2d 656, which held that the ATF had not violated the petitioner's rights under the …

U.S. v. Strouse, No. 00-20558 (5th Cir.) (286 F.3d 767) (March 20, 2002) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Supervisory Powers

U.S. v. Strouse, No. 00-20558 (5th Cir.) (286 F.3d 767) (March 20, 2002) (Judge Patrick E. Higginbotham) by Back in 1988, a swat team from the Houston Police Department (HPD) staked out an apartment where an informant was attempting to sell some drugs to a purported drug dealer in a …