Search | Punch and Jurists

Valenzuela v. U.S., No. 00-13729 (11th Cir.) (286 F.3d 1223) (March 25, 2002) (Judge Gerald B. Tjoflat)

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

Filed under: Punch And Jurists

Valenzuela v. U.S., No. 00-13729 (11th Cir.) (286 F.3d 1223) (March 25, 2002) (Judge Gerald B. Tjoflat) by The petitioners were American citizens sought for prosecution by Italy for their roles in an international drug smuggling ring. A magistrate judge certified their extradition to Italy. The United States District Court …

Beerheide v. Suthers, No. 00-1086 (10th Cir.) (286 F.3d 1179) (April 11, 2002) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Prison Conditions

Beerheide v. Suthers, No. 00-1086 (10th Cir.) (286 F.3d 1179) (April 11, 2002) (Judge Stephanie K. Seymour) by Here the Defendants, Colorado Department of Corrections (DOC) and related individuals, appealed from an order of the United States District Court for the District of Colorado holding that plaintiffs, prisoners' First Amendment …

Bazzetta v. McGinnis, No. 01-1635 (6th Cir.) (286 F.3d 311) (April 10, 2002) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists

Bazzetta v. McGinnis, No. 01-1635 (6th Cir.) (286 F.3d 311) (April 10, 2002) (Judge Gilbert S. Merritt) by In an era when prison officials are left virtually alone and unmanaged in their roles as caretakers of the burgeoning prison populations across America, this case is a rarity. In 1995, the …

U.S. v. Whiteside, No. 99-15197 (11th Cir.) (285 F.3d 1345) (March 22, 2002) (Judge Joel F. Dubina)

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

Filed under: Punch And Jurists

U.S. v. Whiteside, No. 99-15197 (11th Cir.) (285 F.3d 1345) (March 22, 2002) (Judge Joel F. Dubina) by

U.S. v. Haney, No. 00-1421 (10th Cir.) (287 F.3d 1266) (April 22, 2002) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists

U.S. v. Haney, No. 00-1421 (10th Cir.) (287 F.3d 1266) (April 22, 2002) (Judge Robert H. Henry) by In this case, the defendant appealed his conviction and sentence for possession of escape paraphernaila in prison, in violation of 18 U.S.C. § 1791(a)(2). He argued that he was improperly denied the …

McKune v. Lile, No. 00-1187 (U.S. Supreme Court) (536 U.S. 24; 122 S.Ct. 2017) (June 10, 2002) (Justice Kennedy)

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

Filed under: Punch And Jurists, Self-Incrimination Privilege

McKune v. Lile, No. 00-1187 (U.S. Supreme Court) (536 U.S. 24; 122 S.Ct. 2017) (June 10, 2002) (Justice Kennedy) by In this case a sharply divided Supreme Court upheld, as constitutionally valid, a Sexual Abuse Treatment Program (SATP) used in the state prison system in Kansas that requires inmates to …

Bell v. Cone, No. 01-400 (U.S. Supreme Court) (535 U.S. 685; 122 S.Ct. 1843) (May 28, 2002) (Justice Rehnquist)

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

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

Bell v. Cone, No. 01-400 (U.S. Supreme Court) (535 U.S. 685; 122 S.Ct. 1843) (May 28, 2002) (Justice Rehnquist) by Here, by a vote of 8 to 1, the Court reversed the grant of habeas relief to a capital defendant whose counsel did nothing at his original hearing, principally on …

U.S. v. Holbert, No. 00-4068 (10th Cir.) (285 F.3d 1257) (April 5, 2002) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists

U.S. v. Holbert, No. 00-4068 (10th Cir.) (285 F.3d 1257) (April 5, 2002) (Judge Paul J. Jr. Kelly) by One of the issues raised in this appeal was whether the district court had erred by applying a two-level enhancement under U.S.S.G. § 3A1.3 for restraint of the victim - when …

U.S. v. Mason, No. 01-30538 (5th Cir.) (293 F.3d 826) (June 10, 2002) (Judge Edith Brown Clement)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Mason, No. 01-30538 (5th Cir.) (293 F.3d 826) (June 10, 2002) (Judge Edith Brown Clement) by Here the Court vacated a drug conviction because the government's primary witness at trial falsely stated that he had not entered into a plea agreement, which prevented the defense from from effectively …

Valletto v. U.S., No. Civ. No. 00-4632 (JEI) (D.N.J.) (195 F.Supp.2d 643) (March 28, 2002) (Judge Joseph E. Irenas)

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

Filed under: Punch And Jurists, Strickland Standard

Valletto v. U.S., No. Civ. No. 00-4632 (JEI) (D.N.J.) (195 F.Supp.2d 643) (March 28, 2002) (Judge Joseph E. Irenas) by

U.S. v. Pineda-Torres, No. 01-50133 (9th Cir.) (287 F.3d 860) (April 23, 2002) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Pineda-Torres, No. 01-50133 (9th Cir.) (287 F.3d 860) (April 23, 2002) (Judge Stephen Reinhardt) by The defendant in this case appealed his convictions for importation of marijuana and for possession of marijuana with intent to distribute on the grounds that the district court had abused its discretion by …

Gonzalez v. Phillips, No. 98-CV-75600 (E.D.Mich.) (195 F.Supp.2d 893) (December 21, 2001) (Judge Arthur Tarnow)

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

Filed under: Punch And Jurists, Strickland Standard

Gonzalez v. Phillips, No. 98-CV-75600 (E.D.Mich.) (195 F.Supp.2d 893) (December 21, 2001) (Judge Arthur Tarnow) by Reversing a decision of the Michigan Court of Appeals, the Court held that the failure of petitioner's counsel to request an interpreter for the petitioner at trial constituted ineffective assistance of counsel that prejudiced …

U.S. v. Working, No. 01-30098 (9th Cir.) (287 F.3d 801) (April 17, 2002) (Judge Barry G. Silverman)

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

Filed under: Punch And Jurists

U.S. v. Working, No. 01-30098 (9th Cir.) (287 F.3d 801) (April 17, 2002) (Judge Barry G. Silverman) by

Jackson v. Litscher, No. 00-C-1587 (E.D.Wisc.) (194 F.Supp.2d 849) (March 19, 2002) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Miranda

Jackson v. Litscher, No. 00-C-1587 (E.D.Wisc.) (194 F.Supp.2d 849) (March 19, 2002) (Judge Lynn S. Adelman) by Here the Court granted a writ of habeas corpus to a defendant because the state courts had erroneously failed to grant his motion to suppress his confesion that was obtained after the police …

U.S. v. Lane, No. 00 CR 0657 (N.D.Ill.) (194 F.Supp.2d 758) (January 30, 2002) (Judge Charles R. Sr. Norgle)

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

Filed under: Punch And Jurists, Pending Appeal/Sentencing

U.S. v. Lane, No. 00 CR 0657 (N.D.Ill.) (194 F.Supp.2d 758) (January 30, 2002) (Judge Charles R. Sr. Norgle) by This case is noted for its detailed review of the criteria under which bail can be granted to a person convicted of a Federal crime pending his or her appeal …

U.S. v. Humphrey, No. 99-3374 (6th Cir.) (287 F.3d 422) (April 17, 2002) (Judge R. Guy Jr. Cole)

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

Filed under: Punch And Jurists

U.S. v. Humphrey, No. 99-3374 (6th Cir.) (287 F.3d 422) (April 17, 2002) (Judge R. Guy Jr. Cole) by

Chavez-Rivas v. Olsen, No. CIV.A. 01-1018 (D.N.J.) (194 F.Supp.2d 386) (April 1, 2002) (Judge Stephen M. Orlofsky)

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

Filed under: Punch And Jurists

Chavez-Rivas v. Olsen, No. CIV.A. 01-1018 (D.N.J.) (194 F.Supp.2d 386) (April 1, 2002) (Judge Stephen M. Orlofsky) by Here the Court firmly rejected a Government contention that the sudden transfer of a habeas petitioner out of one jurisdiction to another (here the day after counsel was appointed) divests the original …

U.S. v. Whitlow, No. 01-3999 (7th Cir.) (287 F.3d 638) (April 25, 2002) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Whitlow, No. 01-3999 (7th Cir.) (287 F.3d 638) (April 25, 2002) (Judge Frank H. Easterbrook) by In this case the Seventh Circuit put its seal of approval on a new weapon of vindictiveness in the Government’s continuing battle to reduce, if not eliminate, the number of appeals in …

U.S. v. Corrado, No. 98-2315 (6th Cir.) (286 F.3d 934) (April 15, 2002) (Judge Harry W. Wellford)

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

Filed under: Punch And Jurists

U.S. v. Corrado, No. 98-2315 (6th Cir.) (286 F.3d 934) (April 15, 2002) (Judge Harry W. Wellford) by Here the Court held that a criminal forfeiture award is part of a defendant's sentence, not part of the substantive offense, thus "double jeopardy" principles will not bar government from appealing district …

U.S. v. Dando, No. 00-2508 (10th Cir.) (287 F.3d 1007) (April 25, 2002) (Judge Bobby R. Baldock)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Dando, No. 00-2508 (10th Cir.) (287 F.3d 1007) (April 25, 2002) (Judge Bobby R. Baldock) by The defendant in this case pled guilty to misdemeanor assault in violation of 18 U.S.C.S. §§ 113(a)(5) and 1153. In the plea agreement, defendant acknowledged that restitution was mandatory under 18 U.S.C.S. …