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U.S. v. Hermanek, No. 99-10092 (9th Cir.) (289 F.3d 1076) (May 15, 2002) (Judge Raymond C. Fisher)
Article • April 1, 2002 • from P&J April, 2002
Filed under: Punch And Jurists, Harmless Error
U.S. v. Hermanek, No. 99-10092 (9th Cir.) (289 F.3d 1076) (May 15, 2002) (Judge Raymond C. Fisher) by Here, despite agreeing that the Government had committed numerous, serious errors (including the failure to assure that expert testimony was reliable), the Court held they were harmless since they "more probably than …
U.S. v. Fulcher, No. 7:98CR00102 (W.D.Va.) (188 F.Supp.2d 627) (February 8, 2002) (Judge Jackson L. Kiser)
Article • April 1, 2002 • from P&J April, 2002
Filed under: Punch And Jurists
U.S. v. Fulcher, No. 7:98CR00102 (W.D.Va.) (188 F.Supp.2d 627) (February 8, 2002) (Judge Jackson L. Kiser) by Here the Court upheld the defendants' right to present defenses of public authority and entrapment by estoppel based on implied authority from DEA agents to engage in illegal undercover activities, despite Gov't claims …
Kaufmann v. U.S., No. 00-15458 (11th Cir.) (282 F.3d 1336) (February 21, 2002) (Judge Rosemary Barkett)
Article • April 1, 2002 • from P&J April, 2002
Filed under: Punch And Jurists
Kaufmann v. U.S., No. 00-15458 (11th Cir.) (282 F.3d 1336) (February 21, 2002) (Judge Rosemary Barkett) by Here the Court held that a conviction does not become "final" until the 90-day period for seeking certiorari from the Supreme Court has expired, even though the petitioner never actually petitioned for review …
Kaufmann v. U.S., No. 00-15458 (11th Cir.) (282 F.3d 1336) (February 21, 2002) (Judge Rosemary Barkett)
Article • April 1, 2002 • from P&J April, 2002
Filed under: Punch And Jurists
Kaufmann v. U.S., No. 00-15458 (11th Cir.) (282 F.3d 1336) (February 21, 2002) (Judge Rosemary Barkett) by Here the Court held that Apprendi is not applicable retroactively to cases on collateral review, but it also held that the dismissal of his habeas petition as untimely was error because the court. …
U.S. v. Warnick, No. 01-4364 (4th Cir.) (287 F.3d 299) (April 16, 2002) (Judge Karen J. Williams)
Article • April 1, 2002 • from P&J April, 2002
Filed under: Punch And Jurists, Applicable Guidelines Issues
U.S. v. Warnick, No. 01-4364 (4th Cir.) (287 F.3d 299) (April 16, 2002) (Judge Karen J. Williams) by Here the Court held that, despite the lack of any reference in USSG § 5C1.2 to offenses under 21 USC § 860, the district court erred in concluding that the defendant did …
Fattahi v. Bureau of of Alcohol, Tobacco & Firearms, No. CIV.A.01-1094-A (E.D.Va.) (186 F.Supp.2d 656) (February 26, 2002) (Judge Thomas Selby III Ellis)
Article • April 1, 2002 • from P&J April, 2002
Filed under: Punch And Jurists, Privacy Act/Rights
Fattahi v. Bureau of of Alcohol, Tobacco & Firearms, No. CIV.A.01-1094-A (E.D.Va.) (186 F.Supp.2d 656) (February 26, 2002) (Judge Thomas Selby III Ellis) by This case is moted for its discussion of the Privacy Act, and particularly how two of the 13 exceptions to that Act (the "consent" and "routine …
Dept. of Housing and Urban Development v. Rucker, No. 00-1770 (U.S. Supreme Court) (535 U.S. 125; 122 S.Ct. 1230) (March 26, 2002) (Justice Rehnquist)
Article • March 29, 2002 • from P&J March, 2002
Filed under: Punch And Jurists
Dept. of Housing and Urban Development v. Rucker, No. 00-1770 (U.S. Supreme Court) (535 U.S. 125; 122 S.Ct. 1230) (March 26, 2002) (Justice Rehnquist) by Here a unanimous Court upheld the strict “one-strike rule” for public housing that allows tenants to be evicted from their housing if a member of …
Holloway v. Arkansas, No. 76-5856 (U.S. Supreme Court) (435 U.S. 475; 98 S.Ct. 1173) (April 3, 1978) (Justice Burger)
Article • March 27, 2002
Filed under: Punch And Jurists, Conflict of Interest
Holloway v. Arkansas, No. 76-5856 (U.S. Supreme Court) (435 U.S. 475; 98 S.Ct. 1173) (April 3, 1978) (Justice Burger) by Here the Court held that reversal of convictions is required where the trial court failed to discharge its duty to inquire into a known potential conflict of interest with attorneys …
Cuyler v. Sullivan, No. 78-1832 (U.S. Supreme Court) (446 U.S. 335; 100 S.Ct. 1708) (May 12, 1980) (Justice Powell)
Article • March 27, 2002
Filed under: Punch And Jurists, Conflict of Interest
Cuyler v. Sullivan, No. 78-1832 (U.S. Supreme Court) (446 U.S. 335; 100 S.Ct. 1708) (May 12, 1980) (Justice Powell) by Case held that counsel is ineffective if her or she "actually represented conflicting interests" or an actual conflict of interest adversely affected the lawyer's performance. (Id., at 350). In this …
Missouri v. Hunter, No. 81-1214 (U.S. Supreme Court) (459 U.S. 359; 103 S.Ct. 673) (January 19, 1983) (Justice Burger)
Article • March 17, 2002
Filed under: Punch And Jurists, Punishment
Missouri v. Hunter, No. 81-1214 (U.S. Supreme Court) (459 U.S. 359; 103 S.Ct. 673) (January 19, 1983) (Justice Burger) by Here the Court amplified its "Blockburger rule" and held that where Congress "specifically authoriz[es]" cumulative punishments for even the same offense, the Double Jeopardy Clause is not violated. In Blockburger …
McKaskle v. Wiggins, No. 82-1135 (U.S. Supreme Court) (465 U.S. 168; 104 S.Ct. 944) (January 23, 1984) (Justice O'Connor)
Article • March 16, 2002
Filed under: Punch And Jurists, Pro Se Issues
McKaskle v. Wiggins, No. 82-1135 (U.S. Supreme Court) (465 U.S. 168; 104 S.Ct. 944) (January 23, 1984) (Justice O'Connor) by In this case the Court addressed the scope of one's right to conduct his own defense and, in expanding on its decision in Faretta v. California, it held that the …
U.S. v. Timmreck, No. 78-744 (U.S. Supreme Court) (441 U.S. 780; 99 S.Ct. 2085) (May 21, 1979) (Justice Stevens)
Article • March 11, 2002
Filed under: Punch And Jurists, Harmless Error
U.S. v. Timmreck, No. 78-744 (U.S. Supreme Court) (441 U.S. 780; 99 S.Ct. 2085) (May 21, 1979) (Justice Stevens) by In this case the defendant/respondent was convicted of a federal drug offense upon a guilty plea. Upon accepting the plea the trial judge explained that the defendant could receive a …
Pontarelli v. U.S. Dept. of Treasury, No. 00-1268 (3rd Cir.) (285 F.3d 216) (March 29, 2002) (Judge Thomas L. Ambro)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Restoration of Civil Rights
Pontarelli v. U.S. Dept. of Treasury, No. 00-1268 (3rd Cir.) (285 F.3d 216) (March 29, 2002) (Judge Thomas L. Ambro) by The Federal gun laws contain a long (and growing) list of categories of people who are barred from possessing guns (the list of prohibited persons presently includes persons convicted …
U.S. v. Stewart, No. CRIM. 01-062-P-C (D.Me.) (182 F.Supp.2d 97) (February 18, 2002) (Judge Gene Carter)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Conflict of Interest
U.S. v. Stewart, No. CRIM. 01-062-P-C (D.Me.) (182 F.Supp.2d 97) (February 18, 2002) (Judge Gene Carter) by We have always found it a bit fascinating to watch how the courts deal with fee disputes between an attorney and his client. Not only do they love to pretend that such conflicts …
Richardson v. Miller, No. 01-1309 (1st Cir.) (279 F.3d 1) (January 29, 2002) (Judge Frank M. Coffin)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Richardson v. Miller, No. 01-1309 (1st Cir.) (279 F.3d 1) (January 29, 2002) (Judge Frank M. Coffin) by This decision is noted for its discussion of the recent elimination of the “catalyst theory” which, for a long time, has justified the payment of legal fees in a civil rights suit; …
U.S. v. Anthony, No. 00-5622 (6th Cir.) (280 F.3d 694) (February 12, 2002) (Judge Nathaniel R. Jones)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Otherwise Extensive
U.S. v. Anthony, No. 00-5622 (6th Cir.) (280 F.3d 694) (February 12, 2002) (Judge Nathaniel R. Jones) by The defendant in this case was convicted for giving false statements to a federal investigator and leading a cover-up effort in violation of 18 U.S.C. 1001. At sentencing, the district court imposed …
U.S. v. Jackson, No. 01-4004 (4th Cir.) (280 F.3d 403) (February 7, 2002) (Judge J. Michael Luttig)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Prohibited Persons
U.S. v. Jackson, No. 01-4004 (4th Cir.) (280 F.3d 403) (February 7, 2002) (Judge J. Michael Luttig) by The defendant in this case was convicted of possessing a firearm by an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3). On appeal, he argued, inter alia, …
U.S. v. Hickey, No. 01-1858 (1st Cir.) (280 F.3d 65) (February 19, 2002) (Judge Frank M. Coffin)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.
U.S. v. Hickey, No. 01-1858 (1st Cir.) (280 F.3d 65) (February 19, 2002) (Judge Frank M. Coffin) by In this case, the Court held that Guideline Amendment 599 does not apply to career offenders convicted of armed robbery, 18 U.S.C. § 2113(d), and use of a firearm during the commission …
Yu v. U.S., No. 99 Civ. 10272 (RWS) (S.D.N.Y.) (183 F.Supp.2d 657) (January 28, 2002) (Judge Robert W. Sweet)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists
Yu v. U.S., No. 99 Civ. 10272 (RWS) (S.D.N.Y.) (183 F.Supp.2d 657) (January 28, 2002) (Judge Robert W. Sweet) by
U.S. v. Hill, No. 00-30023 (9th Cir.) (279 F.3d 731) (January 29, 2002) (Judge Thomas G. Nelson)
Article • March 1, 2002 • from P&J March, 2002
Filed under: Punch And Jurists, Accessories and Accomplices
U.S. v. Hill, No. 00-30023 (9th Cir.) (279 F.3d 731) (January 29, 2002) (Judge Thomas G. Nelson) by This case offers a disturbing look at the virtually unlimited power of the Government to pursue a target - relentlessly - even if the purpose of that pursuit is to gain leverage …
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