Search | Punch and Jurists

U.S. v. Warda, No. 00-1408 (7th Cir.) (285 F.3d 573) (April 1, 2002) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Warda, No. 00-1408 (7th Cir.) (285 F.3d 573) (April 1, 2002) (Judge Ilana Diamond Rovner) by In holding that a new sentence, five months longer that the sentence that the court had previously vacated, did not warrant relief based on a presumption of vindictiveness, the Court stated: "Even …

Harvey v. Horan, No. 01-6703 (4th Cir.) (285 F.3d 298) (March 28, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Constitutional Right to DNA Testing

Harvey v. Horan, No. 01-6703 (4th Cir.) (285 F.3d 298) (March 28, 2002) (Per Curiam) by Here the Forth Circuit declined to grant en banc review of the decision previously reported at 278 F.3d 370, where the panel concluded that a felon convicted of rape did not have a constitutional …

U.S. v. Fellers, No. 01-2045 (8th Cir.) (285 F.3d 721) (April 8, 2002) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Fellers, No. 01-2045 (8th Cir.) (285 F.3d 721) (April 8, 2002) (Judge Roger L. Wollman) by The defendant in this case filed a motion to suppress statements made at his home and at the jail. The district court suppressed the statements made at defendant's home, but admitted the …

U.S. v. Salim, No. S1 01 CR. 02 (DAB) (S.D.N.Y.) (189 F.Supp.2d 93) (March 11, 2002) (Judge Deborah A. Batts)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Salim, No. S1 01 CR. 02 (DAB) (S.D.N.Y.) (189 F.Supp.2d 93) (March 11, 2002) (Judge Deborah A. Batts) by Here the Court held that the methodology undertaken by the Government's fingerprint expert, who was prepared to testify about matches of latent fingerprint evidence, met the Daubert standards for …

U.S. v. Snyder, No. 5:99-CR-528 (HGM/GJD) (N.D.N.Y.) (187 F.Supp.2d 52) (February 20, 2002) (Judge Howard G. Munson)

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

Filed under: Punch And Jurists, Sweat Patch Test

U.S. v. Snyder, No. 5:99-CR-528 (HGM/GJD) (N.D.N.Y.) (187 F.Supp.2d 52) (February 20, 2002) (Judge Howard G. Munson) by Defendant was sentenced to three years probation after pleading guilty to possession of an unregistered firearm in violation of 26 U.S.C.S. § 5861(d).The Government filed a petition for warrant of summons for …

U.S. v. Harris, No. 91-CR-256L (W.D.N.Y.) (188 F.Supp.2d 294) (July 27, 2001) (Judge David G. Larimer)

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

Filed under: Punch And Jurists, Refusal to file motion

U.S. v. Harris, No. 91-CR-256L (W.D.N.Y.) (188 F.Supp.2d 294) (July 27, 2001) (Judge David G. Larimer) by The defendant in this case was originally convicted in 1993 and sentenced to 240 months imprisonment for engaging in a continuing criminal enterprise and tax evasion. Some four years later, he filed a …

U.S. v. Hebroni, No. 00 CR 960 (E.D.N.Y.) (187 F.Supp.2d 75) (February 12, 2002) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Hebroni, No. 00 CR 960 (E.D.N.Y.) (187 F.Supp.2d 75) (February 12, 2002) (Judge Jack B. Weinstein) by For decades it has often seemed as if Judge Weinstein was one of the few judges who really understood the enormous advantages that the Government achieves by throwing defendants in jail …

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (281 F.3d 1330) (March 5, 2002) (Judge Bobby R. Baldock)

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

Filed under: Sanctions, Punch And Jurists

U.S. v. Golyansky, No. 01-1499 (10th Cir.) (281 F.3d 1330) (March 5, 2002) (Judge Bobby R. Baldock) by The great Judge Jerome Frank once wrote: "If we continue to do nothing practical to prevent [prosecutorial misconduct], we should cease to disapprove it. For otherwise it will be as if we …

U.S. v. Speed Joyeros, S.A., No. 00 CR 960 (JBW) (E.D.N.Y.) (204 F.Supp.2d 412) (May 9, 2002) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Grounds for Appeal

U.S. v. Speed Joyeros, S.A., No. 00 CR 960 (JBW) (E.D.N.Y.) (204 F.Supp.2d 412) (May 9, 2002) (Judge Jack B. Weinstein) by United States v. Hebroni, No. 02-1106 (2nd Cir. 03/13/2002) (Per Curiam) (Unpublished) United States v. Speed Joyeros, S.A., No. 00 CR 960 (E.D.N.Y. 2002) (Judge Weinstein) In the …

Jefferson v. Department of Justice, No. 00-5449 (D.C. Cir.) (284 F.3d 172) (April 2, 2002) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Exemptions

Jefferson v. Department of Justice, No. 00-5449 (D.C. Cir.) (284 F.3d 172) (April 2, 2002) (Judge Judith W. Rogers) by Here a divided panel held that under Exemption 7(C) of the Freedom of Information Act (5 U.S.C. § 552(b)(7)(C)), the Justice Department's Office of Professional Responsibility (OPR) is not entitled …

Rashad v. Walsh, No. Civ. No. 98-11669 (NG) (D.Mass.) (204 F.Supp.2d 93) (March 31, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

Rashad v. Walsh, No. Civ. No. 98-11669 (NG) (D.Mass.) (204 F.Supp.2d 93) (March 31, 2002) (Judge Nancy Gertner) by Here the Court granted the petitioner's habeas petition, reversing inmate's conviction for rape where government's delay of over five years in bringing inmate to trial violated his right to a speedy …

U.S. v. Hicks, No. 01-3040 (D.C. Cir.) (283 F.3d 380) (March 26, 2002) (Judge Harry T. Edwards)

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

Filed under: Punch And Jurists

U.S. v. Hicks, No. 01-3040 (D.C. Cir.) (283 F.3d 380) (March 26, 2002) (Judge Harry T. Edwards) by Here the Court held that a defendant does not meet the standards for timely "relating back" (under Rule 15 of the Fed.R.Civ.P.) to an original application for collateral habeas relief where attempts …

Reese v. Baldwin, No. 01-35153 (9th Cir.) (282 F.3d 1184) (March 12, 2002) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Procedural Default/Error

Reese v. Baldwin, No. 01-35153 (9th Cir.) (282 F.3d 1184) (March 12, 2002) (Judge Ronald M. Gould) by Petitioner filed a petition for a writ of habeas corpus, challenging his conviction for kidnapping and attempted sodomy. The United States District Court for the District of Oregon dismissed the petition, finding …

Jenkins v. Artuz, No. 01-2328 (2nd Cir.) (294 F.3d 284) (April 1, 2002) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Jenkins v. Artuz, No. 01-2328 (2nd Cir.) (294 F.3d 284) (April 1, 2002) (Judge Robert D. Sack) by Sometimes, the win-at-any-cost attitude of prosecutors is not only astonishing, it is downright appalling. The ADA in this case, Therese Lendino, had special reason to be particularly careful about the rights of …

U.S. v. Trennell, No. 00-4205 (7th Cir.) (290 F.3d 881) (May 17, 2002) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists

U.S. v. Trennell, No. 00-4205 (7th Cir.) (290 F.3d 881) (May 17, 2002) (Judge Daniel A. Manion) by Here the Court held that the use of a verdict form that permitted the jury to find specific amounts of cocaine attributable to appellant, when the indictment was silent as to drug …

Beamon v. U.S., No. Civ.A. 401CV67 (E.D.Va.) (189 F.Supp.2d 350) (February 7, 2002) (Judge Jerome B. Friedman)

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

Filed under: Punch And Jurists

Beamon v. U.S., No. Civ.A. 401CV67 (E.D.Va.) (189 F.Supp.2d 350) (February 7, 2002) (Judge Jerome B. Friedman) by

U.S. v. Sterling, No. 01-4264 (4th Cir.) (283 F.3d 216) (March 8, 2002) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Fruit of the Poisonous Tree

U.S. v. Sterling, No. 01-4264 (4th Cir.) (283 F.3d 216) (March 8, 2002) (Judge H. Emory Jr. Widener) by The defendant appealed his jury trial conviction of two counts of being a felon in possession of a firearm. He alleged, inter alia, that the District Court erred in refusing to …

U.S. v. Bridges, No. 98-40068-DES (D.Kan.) (189 F.Supp.2d 1226) (March 5, 2002) (Judge Dale E. Saffels)

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

Filed under: Punch And Jurists

U.S. v. Bridges, No. 98-40068-DES (D.Kan.) (189 F.Supp.2d 1226) (March 5, 2002) (Judge Dale E. Saffels) by

U.S. v. Horn, No. CRIM A. 00-946-PWG (D.Md.) (185 F.Supp.2d 530) (January 31, 2002) (Judge Magistrate)

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

Filed under: Punch And Jurists, Daubert Standards

U.S. v. Horn, No. CRIM A. 00-946-PWG (D.Md.) (185 F.Supp.2d 530) (January 31, 2002) (Judge Magistrate) by This 88-page decision in a case of first impression is noted for its detailed (albeit highly technical) analysis of whether the three standard field sobriety tests (SFSTs), that are commonly administered to determine …

U.S. v. Gallo-Vasquez, No. 01-2708 (7th Cir.) (284 F.3d 780) (March 27, 2002) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Status as an Alien

U.S. v. Gallo-Vasquez, No. 01-2708 (7th Cir.) (284 F.3d 780) (March 27, 2002) (Judge Joel L. Flaum) by In this case the Government appealed the district court's grant of a four-level departure to the defendant based on his statue as a deportable alien. In agreeing that the district court had …