Search | Punch and Jurists

U.S. v. Vasquez, No. 01-1695 (1st Cir.) (279 F.3d 77) (February 6, 2002) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

U.S. v. Vasquez, No. 01-1695 (1st Cir.) (279 F.3d 77) (February 6, 2002) (Judge Bruce M. Selya) by

U.S. v. Shepard, No. Crim. No. 98-10262-NG (D.Mass.) (181 F.Supp.2d 14) (January 23, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Shepard, No. Crim. No. 98-10262-NG (D.Mass.) (181 F.Supp.2d 14) (January 23, 2002) (Judge Nancy Gertner) by

U.S. v. Kurkowski, No. 01-3071 (8th Cir.) (281 F.3d 699) (March 5, 2002) (Judge George G. Fagg)

Article • March 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence

U.S. v. Kurkowski, No. 01-3071 (8th Cir.) (281 F.3d 699) (March 5, 2002) (Judge George G. Fagg) by United States v. Van Horn, 277 F.3d 48 (1st Cir. 2002) (Judge Lipez) United States v. Kurkowski, No. 01-3071 (8th Cir. 03/05/02) (Judge Fagg) The continued use by the Government of highly …

U.S. v. Stubbs, No. 99-3726 (6th Cir.) (279 F.3d 402) (February 5, 2002) (Judge Eric L. Clay)

Article • March 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Offense of Conviction

U.S. v. Stubbs, No. 99-3726 (6th Cir.) (279 F.3d 402) (February 5, 2002) (Judge Eric L. Clay) by The defendant in this case pled guilty to three counts of a 13-count indictment, one of which was a charge that he violated 18 U.S.C. § 924(o). The plea agreement incorrectly stated …

Ashcroft v. Free Speech Coalition, No. 00-795 (U.S. Supreme Court) (535 U.S. 234; 122 S.Ct. 1389) (April 16, 2002) (Justice Kennedy)

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

Filed under: Punch And Jurists

Ashcroft v. Free Speech Coalition, No. 00-795 (U.S. Supreme Court) (535 U.S. 234; 122 S.Ct. 1389) (April 16, 2002) (Justice Kennedy) by Here, by a vote of 6 to 3, the Court struck down two provisions of the Child Protection Pornography Act of 1996 which make it a crime to …

U.S. v. Shaker, No. 01-1157 (7th Cir.) (279 F.3d 494) (January 29, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Withdrawal

U.S. v. Shaker, No. 01-1157 (7th Cir.) (279 F.3d 494) (January 29, 2002) (Per Curiam) by Here, joining the Second and Ninth Circuits, the Court held that Rule 32(e) (2001) (requiring a fair and just reason for withdrawing a plea) is triggered only when the district court completes the plea …

U.S. v. Tyler, No. 01-1119 (3rd Cir.) (281 F.3d 84) (February 11, 2002) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists

U.S. v. Tyler, No. 01-1119 (3rd Cir.) (281 F.3d 84) (February 11, 2002) (Judge Anthony J. Scirica) by Here the Court rejected a series of constitutional challenges to the Witness Tampering Act (18 U.S.C. § 1512) by the defendant who argued that the failure to include a mens rea requirement …

Mickens v. Taylor, No. 00-9285 (U.S. Supreme Court) (535 U.S. 162; 122 S.Ct. 1237) (March 27, 2002) (Justice Scalia)

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

Filed under: Punch And Jurists, Conflict of Interest

Mickens v. Taylor, No. 00-9285 (U.S. Supreme Court) (535 U.S. 162; 122 S.Ct. 1237) (March 27, 2002) (Justice Scalia) by The petitioner in this case, Walter Mickens, was convicted in Virginia in 1993 of the killing and sexual assault of a 17-year old male victim who had been stabbed 143 …

U.S. v. Sofsky, No. 01-1097 (2nd Cir.) (287 F.3d 122) (March 28, 2002) (Judge Jon O. Newman)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Sofsky, No. 01-1097 (2nd Cir.) (287 F.3d 122) (March 28, 2002) (Judge Jon O. Newman) by The defendant in this case pled guilty to receiving child pornography on the third day of his trial, after the Government presented evidence that he had received on his home computer via …

U.S. v. Royston, No. 5:01CR30042 (W.D.Va.) (184 F.Supp.2d 517) (January 30, 2002) (Judge James C. Turk)

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

Filed under: Punch And Jurists, Bank Fraud/Robbery/Theft

U.S. v. Royston, No. 5:01CR30042 (W.D.Va.) (184 F.Supp.2d 517) (January 30, 2002) (Judge James C. Turk) by According to statistics released on April 2, 2002 by the Bureau of Justice Statistics, the growth rate of America’s prison population has slowed to 4.4% - the lowest annual growth rate since 1979. …

U.S. v. Molina-Tarazon, No. 00-50171 (9th Cir.) (279 F.3d 709) (January 29, 2002) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Molina-Tarazon, No. 00-50171 (9th Cir.) (279 F.3d 709) (January 29, 2002) (Judge Alex Kozinski) by After he entered a conditional guilty plea to violating 21 U.S.C.S. §§ 841(a)(1), 951, and 960, defendant challenged a suppression ruling of the United States District Court for the Southern District of California …

Miranda v. Clark County, No. 00-15734 (9th Cir.) (279 F.3d 1102) (February 8, 2002) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

Miranda v. Clark County, No. 00-15734 (9th Cir.) (279 F.3d 1102) (February 8, 2002) (Judge Stephen S. Trott) by In a decision that was subsequently reversed by a divided en banc court, the panel held that an indigent defendant may not resort to a civil rights suit under 42 USC …

Schmier v. U.S. Court of Appeals for the Ninth Circuit, No. 01-16105 (9th Cir.) (279 F.3d 817) (February 1, 2002) (Judge Paul R. Michel)

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

Filed under: Punch And Jurists, Court Rules

Schmier v. U.S. Court of Appeals for the Ninth Circuit, No. 01-16105 (9th Cir.) (279 F.3d 817) (February 1, 2002) (Judge Paul R. Michel) by

U.S. v. Handakas, No. 00-1751 (2nd Cir.) (286 F.3d 92) (March 22, 2002) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Handakas, No. 00-1751 (2nd Cir.) (286 F.3d 92) (March 22, 2002) (Judge Dennis G. Jacobs) by Here a divided panel vacated a mail fraud conviction on the grounds that the “honest services” provisions of the statute were unconstitutionally vague as applied and presaged a “breathtaking expansion” of the …

Rudenko v. Costello, No. 99-2242(L) (2nd Cir.) (286 F.3d 51) (March 20, 2002) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists

Rudenko v. Costello, No. 99-2242(L) (2nd Cir.) (286 F.3d 51) (March 20, 2002) (Judge Amalya Lyle Kearse) by Another indication of the difficulty of obtaining meaningful appellate review came in this decision - a decision that brimmed with asperity over egos and personal practices of the judges. In this case, …

U.S. v. Braustein, No. 00-10505 (9th Cir.) (281 F.3d 982) (February 25, 2002) (Judge Harry Pregerson)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Braustein, No. 00-10505 (9th Cir.) (281 F.3d 982) (February 25, 2002) (Judge Harry Pregerson) by In this case, the Court held that Hyde Amendment Appeals(18 U.S.C. § 3006A) are governed by Federal Rule of Appellate Procedure 4(a), and the defendant, as the prevailing party in criminal prosecution, was …

Eunique v. Powell, No. 99-56984 (9th Cir.) (281 F.3d 940) (February 22, 2002) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Travel Restrictions

Eunique v. Powell, No. 99-56984 (9th Cir.) (281 F.3d 940) (February 22, 2002) (Judge Ferdinand F. Fernandez) by Although this case does not directly deal with persons who have been formally charged with crimes, it does deal with an offshoot of the growing web of criminal statutes that make it …

U.S. v. Ross, No. 01-1497 (8th Cir.) (279 F.3d 600) (February 5, 2002) (Judge Kermit Edward Bye)

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

Filed under: Punch And Jurists

U.S. v. Ross, No. 01-1497 (8th Cir.) (279 F.3d 600) (February 5, 2002) (Judge Kermit Edward Bye) by

U.S. v. Rodriguez, No. 00-10487 (11th Cir.) (279 F.3d 947) (January 15, 2002) (Judge R. Lanier III Anderson)

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

Filed under: Punch And Jurists

U.S. v. Rodriguez, No. 00-10487 (11th Cir.) (279 F.3d 947) (January 15, 2002) (Judge R. Lanier III Anderson) by

U.S. v. Durham, No. 00-12276 (11th Cir.) (287 F.3d 1297) (April 4, 2002) (Judge Charles R. Wilson)

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

Filed under: Punch And Jurists, Restraint of Defendant

U.S. v. Durham, No. 00-12276 (11th Cir.) (287 F.3d 1297) (April 4, 2002) (Judge Charles R. Wilson) by This is an interesting case principally because it contains one of the most comprehensive judicial discussions that we have ever seen regarding the parameters that should apply to the Government’s use of …