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Weeks v. U.S., No. 461 (U.S. Supreme Court) (232 U.S. 383; 34 S.Ct. 341) (February 24, 2014) (Justice Day)
Article • February 24, 2002
Filed under: Punch And Jurists, Exclusionary Rule
Weeks v. U.S., No. 461 (U.S. Supreme Court) (232 U.S. 383; 34 S.Ct. 341) (February 24, 2014) (Justice Day) by Here the Supreme Court articulated, for the first time, the so-called "exclusionary rule" - under which evidence that is secured through an illegal search and seizure is barred from use …
Rutledge v. U.S., No. 94-8769 (U.S. Supreme Court) (517 U.S. 292; 116 S.Ct. 1241) (March 27, 1996) (Justice Stevens)
Article • February 23, 2002
Filed under: Punch And Jurists
Rutledge v. U.S., No. 94-8769 (U.S. Supreme Court) (517 U.S. 292; 116 S.Ct. 1241) (March 27, 1996) (Justice Stevens) by Here the Court held that a conviction for both conspiracy to distribute marijuana and a continuing criminal enterprise (CCE), based on the same drug enterprise, violates the presumptive prohibition against …
Jeffers v. U.S., No. 75-1805 (U.S. Supreme Court) (432 U.S. 137; 97 S.Ct. 2207) (June 16, 1977) (Justice Blackmun)
Article • February 22, 2002
Filed under: Punch And Jurists
Jeffers v. U.S., No. 75-1805 (U.S. Supreme Court) (432 U.S. 137; 97 S.Ct. 2207) (June 16, 1977) (Justice Blackmun) by In this case the Court considered whether the Government could prosecute a defendant under 21 U.S.C. § 848 even though he had previously been convicted of § 846 conspiracy on …
U.S. v. Martinez-Fuerte, No. 74-1560 (U.S. Supreme Court) (428 U.S. 543; 96 S.Ct. 3074) (July 6, 1976) (Justice Powell)
Article • February 21, 2002
Filed under: Punch And Jurists, Searches - Border Stops/Searches
U.S. v. Martinez-Fuerte, No. 74-1560 (U.S. Supreme Court) (428 U.S. 543; 96 S.Ct. 3074) (July 6, 1976) (Justice Powell) by Here the Court held that the Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning …
U.S. v. Hubbell, No. 99-166 (U.S. Supreme Court) (530 U.S. 27; 120 S.Ct. 2037) (June 5, 2000) (Justice Stevens)
Article • February 12, 2002 • from P&J May, 2000
Filed under: Punch And Jurists, Compelled Testimony
U.S. v. Hubbell, No. 99-166 (U.S. Supreme Court) (530 U.S. 27; 120 S.Ct. 2037) (June 5, 2000) (Justice Stevens) by This high-profile case dealt with the question of whether Kenneth W. Starr, the Watergate Independent Counsel, violated the terms of a plea agreement with former Associate Attorney General Webster L. …
Giglio v. U.S., No. 70-29 (U.S. Supreme Court) (405 U.S. 150; 92 S.Ct. 763) (February 24, 1972) (Justice Burger)
Article • February 8, 2002
Filed under: Punch And Jurists, Disclosure Obligations
Giglio v. U.S., No. 70-29 (U.S. Supreme Court) (405 U.S. 150; 92 S.Ct. 763) (February 24, 1972) (Justice Burger) by In this case an assistant to the prosecutor secretly promised the Government's only witness that he would avoid prosecution if he testified on the state's behalf, but did not reveal …
Weiler v. U.S., No. 340 (U.S. Supreme Court) (323 U.S. 606; 65 S.Ct. 548) (January 29, 2045) (Justice Black)
Article • February 7, 2002
Filed under: Punch And Jurists, Perjury/Perjured Testimony
Weiler v. U.S., No. 340 (U.S. Supreme Court) (323 U.S. 606; 65 S.Ct. 548) (January 29, 2045) (Justice Black) by The issue raised in this case was whether it was reversible error to refuse to give the "two witness rule" jury instruction in a case where the petitioner was accused …
Hammer v. U.S., No. 317 (U.S. Supreme Court) (271 U.S. 620; 46 S.Ct. 603) (June 7, 2026) (Justice Butler)
Article • February 7, 2002
Filed under: Punch And Jurists, Perjury/Perjured Testimony
Hammer v. U.S., No. 317 (U.S. Supreme Court) (271 U.S. 620; 46 S.Ct. 603) (June 7, 2026) (Justice Butler) by The petitioner in this case was accused of suborning perjury in his bankruptcy proceedings. On appeal, one of the issues raised was whether there was sufficient evidence to convict the …
Gerstein v. Pugh, No. 73-477 (U.S. Supreme Court) (420 U.S. 103; 95 S.Ct. 854) (February 18, 1975) (Justice Powell)
Article • February 6, 2002
Filed under: Punch And Jurists, Probable/Proximate Cause
Gerstein v. Pugh, No. 73-477 (U.S. Supreme Court) (420 U.S. 103; 95 S.Ct. 854) (February 18, 1975) (Justice Powell) by The defendants in this case were arrested pursuant to a prosecutor's information. Under applicable Florida rules and statutes, prosecutors could charge noncapital offenses by information without a preliminary hearing or …
Allen v. U.S., No. 371 (U.S. Supreme Court) (164 U.S. 492; 17 S.Ct. 154) (December 7, 1996) (Justice Brown)
Article • February 6, 2002
Filed under: Punch And Jurists
Allen v. U.S., No. 371 (U.S. Supreme Court) (164 U.S. 492; 17 S.Ct. 154) (December 7, 1996) (Justice Brown) by The petitioner in this case was tried and convicted for murder three times. His first two convictions were reversed by the Supreme Court, on grounds unrelated to this appeal, in …
Shaw v. Murphy, No. 99-1613 (U.S. Supreme Court) (532 U.S. 223; 121 S.Ct. 1475) (April 18, 2001) (Justice Thomas)
Article • February 4, 2002 • from P&J April, 2001
Filed under: First Amendment, Punch And Jurists
Shaw v. Murphy, No. 99-1613 (U.S. Supreme Court) (532 U.S. 223; 121 S.Ct. 1475) (April 18, 2001) (Justice Thomas) by In this case, the Court held that prison inmates do not have any freestanding constitutional right to assist other inmates in filing legal claims. Starting from the premise that “it …
O'Neal v. McAninch, No. 93-7407 (U.S. Supreme Court) (513 U.S. 432; 115 S.Ct. 992) (February 21, 1995) (Justice Breyer)
Article • February 3, 2002
Filed under: Punch And Jurists, Burden of Proof
O'Neal v. McAninch, No. 93-7407 (U.S. Supreme Court) (513 U.S. 432; 115 S.Ct. 992) (February 21, 1995) (Justice Breyer) by In this case Robert O'Neal filed a federal habeas corpus petition challenging his state-court convictions for murder and other crimes. The Federal District Court agreed with several of his claims …
Lackawanna County District Attorney v. Coss, No. 99-1884 (U.S. Supreme Court) (532 U.S. 394; 121 S.Ct. 1567) (April 25, 2001) (Justice O'Connor)
Article • February 3, 2002 • from P&J April, 2001
Filed under: Punch And Jurists
Lackawanna County District Attorney v. Coss, No. 99-1884 (U.S. Supreme Court) (532 U.S. 394; 121 S.Ct. 1567) (April 25, 2001) (Justice O'Connor) by This is the companion case to Daniels v. U.S., 532 U.S. 374 (2001) (both of which were decided on the same day by identical 5 to 4 …
U.S. v. Vonn, No. 00-973 (U.S. Supreme Court) (535 U.S. 55; 122 S.Ct. 1043) (March 4, 2002) (Justice Souter)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists
U.S. v. Vonn, No. 00-973 (U.S. Supreme Court) (535 U.S. 55; 122 S.Ct. 1043) (March 4, 2002) (Justice Souter) by Here the Court held that a criminal defendant who knowingly and voluntarily enters a guilty plea under Fed. R. Crim. P. 11(h), without objection, carries the burden of showing plain-error …
U.S. v. Levenite, No. 00-4197 (4th Cir.) (277 F.3d 454) (January 10, 2002) (Judge Paul V. Niemeyer)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists
U.S. v. Levenite, No. 00-4197 (4th Cir.) (277 F.3d 454) (January 10, 2002) (Judge Paul V. Niemeyer) by This case is a harsh reminder of the heavy burdens of proving that contingent fees paid to a Government witness affect a defendant's right to a fair trial, as the Court reviewed …
U.S. v. Norris, No. 01-1347L (2nd Cir.) (281 F.3d 357) (February 19, 2002) (Judge Jon O. Newman)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Norris, No. 01-1347L (2nd Cir.) (281 F.3d 357) (February 19, 2002) (Judge Jon O. Newman) by The Second Circuit has finally addressed the late Judge Nickerson’s two earlier Apprendi decisions in this case (reported at 128 F.Supp.2d 739 (E.D.N.Y. 2001) (P&J, 1/22/01) and 143 F.Supp.2d 243 (E.D.N.Y. 2001) …
U.S. v. King, No. 01-1141 (2nd Cir.) (276 F.3d 109) (January 2, 2002) (Judge Joseph M. McLaughlin)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act
U.S. v. King, No. 01-1141 (2nd Cir.) (276 F.3d 109) (January 2, 2002) (Judge Joseph M. McLaughlin) by In this case, Judge Sweet of the S.D.N.Y. had previously held that parts of the Child Support Recovery Act, as amended by the Deadbeat Parents Punishment Act, were unconstitutional in that they …
U.S. v. Reyes, No. 01-1099 (2nd Cir.) (283 F.3d 446) (March 7, 2002) (Judge Jose A. Cabranes)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Stalking Horse
U.S. v. Reyes, No. 01-1099 (2nd Cir.) (283 F.3d 446) (March 7, 2002) (Judge Jose A. Cabranes) by In this case, the Second Circuit held that a parolee cannot win a motion for the suppression of drugs seized from his property by claiming that his probation officer had improperly colluded …
U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Batson Claims
U.S. v. Marino, No. 00-1739 (1st Cir.) (277 F.3d 11) (January 14, 2002) (Judge Sandra L. Lynch) by One of the defendants in this case contended that the prosecutor's use of four peremptory challenges to eliminate Italian-American surnamed individuals from the jury violated the constitutional guarantee of equal protection, as …
Hill v. Braxton, No. 00-7408 (4th Cir.) (277 F.3d 701) (January 14, 2002) (Judge William B. Jr. Traxler)
Article • February 1, 2002 • from P&J February, 2002
Filed under: Punch And Jurists, Pro Se Issues
Hill v. Braxton, No. 00-7408 (4th Cir.) (277 F.3d 701) (January 14, 2002) (Judge William B. Jr. Traxler) by In this case, the petitioner, a state prisoner acting pro se, sought relief from his convictions and sentences for rape and malicious wounding under 28 U.S.C. § 2254. The District Court, …
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