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Johnson v. Zerbst, No. 699 (U.S. Supreme Court) (304 U.S. 458; 58 S.Ct. 1019) (May 23, 2038) (Justice Black)
Article • January 6, 2002
Filed under: Punch And Jurists, Waivers/Defaults
Johnson v. Zerbst, No. 699 (U.S. Supreme Court) (304 U.S. 458; 58 S.Ct. 1019) (May 23, 2038) (Justice Black) by The issue in this case concerned whether the accused willingly stood trial without the benefit of counsel; and the Court held that waivers of counsel must not only be voluntary, …
U.S. v. Zolin, No. 88-40 (U.S. Supreme Court) (491 U.S. 554; 109 S.Ct. 2619) (June 21, 1989) (Justice Blackmun)
Article • January 3, 2002
Filed under: Punch And Jurists, Attorney/Client
U.S. v. Zolin, No. 88-40 (U.S. Supreme Court) (491 U.S. 554; 109 S.Ct. 2619) (June 21, 1989) (Justice Blackmun) by This case presents one of the Supreme Court's most detailed explanations of the purpose behind the attorney-client privilege and the reasons for the crime fraud exception. The Court made clear …
Nelson v. O'Neil, No. 336 (U.S. Supreme Court) (402 U.S. 622; 91 S.Ct. 1723) (June 1, 1971) (Justice Stewart)
Article • January 2, 2002
Filed under: Punch And Jurists, Co-onspirator and Accomplice Statements/Testimony
Nelson v. O'Neil, No. 336 (U.S. Supreme Court) (402 U.S. 622; 91 S.Ct. 1723) (June 1, 1971) (Justice Stewart) by In this case the Court dealt with a situation where "a co-defendant [took] the stand in his own defense, denie[d] making an alleged out-of-court statement implicating the defendant, and proceed[ed] …
Harvey v. Horan, No. 01-6703 (4th Cir.) (278 F.3d 370) (January 23, 2002) (Judge J. Harvie III Wilkinson)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Constitutional Right to DNA Testing
Harvey v. Horan, No. 01-6703 (4th Cir.) (278 F.3d 370) (January 23, 2002) (Judge J. Harvie III Wilkinson) by Here the Court reversed a district court decision and held that a felon convicted or rape does not have a constitutional right to have access to, and to test, DNA evidence …
Okai v. Verfuth, No. 99-3277 (7th Cir.) (275 F.3d 606) (December 21, 2001) (Judge John L. Coffey)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Other Crimes/Bad Acts Evidence
Okai v. Verfuth, No. 99-3277 (7th Cir.) (275 F.3d 606) (December 21, 2001) (Judge John L. Coffey) by Challenges to the rights of prison guards to assert the defense of qualified immunity in civil rights suits have always seemed to scare the courts; yet, in reality, that fear has always …
U.S. v. Ferreira, No. 00-14723 (11th Cir.) (275 F.3d 1020) (December 11, 2001) (Judge Stanley Marcus)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint
U.S. v. Ferreira, No. 00-14723 (11th Cir.) (275 F.3d 1020) (December 11, 2001) (Judge Stanley Marcus) by In this case, the district court enhanced the appellants' sentences under U.S.S.G. § 2A4.1(b)(1), which provides for a six-level increase "if a ransom demand or demand upon government was made" in the course …
U.S. v. Walser, No. 01-8019 (10th Cir.) (275 F.3d 981) (December 28, 2001) (Judge Stephanie K. Seymour)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Special Conditions
U.S. v. Walser, No. 01-8019 (10th Cir.) (275 F.3d 981) (December 28, 2001) (Judge Stephanie K. Seymour) by Here, somewhat modifying its prior precedent which had rejected a broad prohibition against use of the Internet during a term of supervised release, the Court upheld such a restriction since the use …
U.S. v. Jenkins, No. 01-1292 (3rd Cir.) (275 F.3d 283) (December 20, 2001) (Judge Anthony J. Scirica)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Jenkins, No. 01-1292 (3rd Cir.) (275 F.3d 283) (December 20, 2001) (Judge Anthony J. Scirica) by
Larson v. U.S., No. 00-2455 (1st Cir.) (274 F.3d 643) (December 27, 2001) (Per Curiam)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Return/Retention of Property
Larson v. U.S., No. 00-2455 (1st Cir.) (274 F.3d 643) (December 27, 2001) (Per Curiam) by This case is noted principally as a reminder that the forfeiture laws now require the Government to pay interest on funds which it seizes from a claimant pursuant to a forfeiture proceeding, but which …
U.S. v. Farmer, No. 00-4580 (4th Cir.) (274 F.3d 800) (December 12, 2001) (Judge J. Harvie III Wilkinson)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Pre-Trial Restraint of Assets
U.S. v. Farmer, No. 00-4580 (4th Cir.) (274 F.3d 800) (December 12, 2001) (Judge J. Harvie III Wilkinson) by In July, 1998, U.S. Customs Agents obtained warrants to search the residence and warehouse of William Farmer, who was not yet a defendant in any criminal proceedings, based on a showing …
Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (276 F.3d 1125) (January 11, 2002) (Judge Harry Pregerson)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Excessive Force, Punch And Jurists
Headwaters Forest Defense v. County of Humboldt, No. 98-17250 (9th Cir.) (276 F.3d 1125) (January 11, 2002) (Judge Harry Pregerson) by Here, on remand from the Supreme Court, a panel reaffirmed a prior decision in which it had held that police officers were not entitled to assert the defense of …
U.S. v. Pacheco, No. 95 Crim 619 LAK (S.D.N.Y.) (175 F.Supp.2d 541) (May 1, 2001) (Judge Lewis A. Kaplan)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Return/Retention of Property
U.S. v. Pacheco, No. 95 Crim 619 LAK (S.D.N.Y.) (175 F.Supp.2d 541) (May 1, 2001) (Judge Lewis A. Kaplan) by Here the Court slammed the Government for giving a non-responsive answer to his order that it return to a defendant a passport and personal identification papers that were seized at …
U.S. v. Blackmon, No. 99-50534 (9th Cir.) (273 F.3d 1204) (December 12, 2001) (Judge Betty Binns Fletcher)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Necessity
U.S. v. Blackmon, No. 99-50534 (9th Cir.) (273 F.3d 1204) (December 12, 2001) (Judge Betty Binns Fletcher) by This case is noted as a rare example of an appellate court ruling that a conviction should be reversed because the Government had failed to comply with some of the statutory requirements …
Beharry v. Reno, No. 98 CV 5381 (JBW) (E.D.N.Y.) (183 F.Supp.2d 584) (January 9, 2002) (Judge Jack B. Weinstein)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Deportation/Removal/Exclusion
Beharry v. Reno, No. 98 CV 5381 (JBW) (E.D.N.Y.) (183 F.Supp.2d 584) (January 9, 2002) (Judge Jack B. Weinstein) by In this case Judge Weinstein granted a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the ground that petitioner was eligible for discretionary relief from deportation under …
U.S. v. Ortlieb, No. 00-30895 (5th Cir.) (274 F.3d 871) (November 27, 2001) (Judge Richard A. Schell)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Ortlieb, No. 00-30895 (5th Cir.) (274 F.3d 871) (November 27, 2001) (Judge Richard A. Schell) by While representing one of the defendants during the course of a six-week trial in this case, defense attorney Michael S. Fawer of Covington, LA became embroiled in a number of arguments and …
U.S. v. Graham, No. 99-1719 (6th Cir.) (275 F.3d 490) (December 17, 2001) (Judge Karen Nelson Moore)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Terrorism, Punch And Jurists
U.S. v. Graham, No. 99-1719 (6th Cir.) (275 F.3d 490) (December 17, 2001) (Judge Karen Nelson Moore) by In this case, the terrorism enhancement contained in U.S.S.G. § 3A1.4 was applied to a conviction for conspiracy to possess machine guns, threaten to assault and murder federal officers and employees, to …
U.S. v. Astronomo, No. Crim. No. 00-10311-NG (D.Mass.) (183 F.Supp.2d 158) (December 20, 2001) (Judge Nancy Gertner)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists
U.S. v. Astronomo, No. Crim. No. 00-10311-NG (D.Mass.) (183 F.Supp.2d 158) (December 20, 2001) (Judge Nancy Gertner) by Once again, Judge Gertner of the D.Mass. has firmly rejected a Government attempt to allow it to seize virtual control over the sentencing process - here by attempting to engineer a dramatically …
Brown v. Mayle, No. 99-17261 (9th Cir.) (283 F.3d 1019) (February 7, 2002) (Judge Marsha L. Berzon)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Three Strikes Statutes/Rule
Brown v. Mayle, No. 99-17261 (9th Cir.) (283 F.3d 1019) (February 7, 2002) (Judge Marsha L. Berzon) by Last Fall, a divided panel from the Ninth Circuit struck down two, consecutive 25-years-to-life sentences imposed under California’s three strikes law; and held that the sentences, which had been imposed on a …
U.S. v. Mulder, No. 99-1516 (2nd Cir.) (273 F.3d 91) (November 1, 2001) (Judge Rosemary S. Pooler)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Mulder, No. 99-1516 (2nd Cir.) (273 F.3d 91) (November 1, 2001) (Judge Rosemary S. Pooler) by This is a case that shows the importance of staying on top of the inordinately complex rules that often apply when district courts attempt to use “relevant conduct” and uncharged crimes as …
U.S. v. Antico, No. 00-1446 (3rd Cir.) (275 F.3d 245) (November 28, 2001) (Judge Thomas L. Ambro)
Article • January 1, 2002 • from P&J January, 2002
Filed under: Punch And Jurists, Honest Services Fraud
U.S. v. Antico, No. 00-1446 (3rd Cir.) (275 F.3d 245) (November 28, 2001) (Judge Thomas L. Ambro) by Among the many errors claimed on appeal in this case, the defendant argued that the district court had committed error when it refused to instruct the jury that it had to determine …
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