Search | Punch and Jurists

U.S. v. Sachdev, No. 01-2413 (1st Cir.) (279 F.3d 25) (February 1, 2002) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists

U.S. v. Sachdev, No. 01-2413 (1st Cir.) (279 F.3d 25) (February 1, 2002) (Judge Sandra L. Lynch) by Here the Court reviewed the criteria for granting a departure based on coercion and duress (under the provisions of U.S.S.G. § 5K2.12) and held that normally there must be either an actual …

U.S. v. Swan, No. 01-1598 (3rd Cir.) (275 F.3d 272) (January 2, 2002) (Judge Marjorie O. Rendell)

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

Filed under: Punch And Jurists, Concurrent and Consecutive Sentences

U.S. v. Swan, No. 01-1598 (3rd Cir.) (275 F.3d 272) (January 2, 2002) (Judge Marjorie O. Rendell) by On an issue of first impression in the Third Circuit (but one which has divided the other Circuits) the court held that despite the “should” language Section 5G1.3(c) of the Sentencing Guidelines …

Garceau v. Woodford, No. 01-1862 (9th Cir.) (275 F.3d 769) (December 26, 2001) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists

Garceau v. Woodford, No. 01-1862 (9th Cir.) (275 F.3d 769) (December 26, 2001) (Judge A. Wallace Tashima) by A California state trial court convicted petitioner of first degree murder for the stabbing deaths of his girlfriend and her son. The trial court sentenced petitioner to death. Petitioner's drug partners testified …

U.S. v. Mitchell, No. 00-1366 (10th Cir.) (274 F.3d 1307) (October 23, 2001) (Judge Robert H. McWilliams)

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

Filed under: Punch And Jurists, Necessity

U.S. v. Mitchell, No. 00-1366 (10th Cir.) (274 F.3d 1307) (October 23, 2001) (Judge Robert H. McWilliams) by In this case, three defendants were charged with various drug crimes based in large part on evidence obtained from wiretaps obtained by the Government that were supported by a 74-page affidavit of …

Lee v. Kemna, No. 00-6933 (U.S. Supreme Court) (534 U.S. 362; 122 S.Ct. 877) (January 22, 2002) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Procedural Default/Error

Lee v. Kemna, No. 00-6933 (U.S. Supreme Court) (534 U.S. 362; 122 S.Ct. 877) (January 22, 2002) (Justice Ginsburg) by This habeas decision will probably not long be remembered for its holding: it was so fact-specific that it will have little, if any, precedential value. But the case will certainly …

U.S. v. Daniels, No. Crim. No. 01-40002-01-KHV (D.Kan.) (174 F.Supp.2d 1209) (November 9, 2001) (Judge Kathryn H. Vratil)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Daniels, No. Crim. No. 01-40002-01-KHV (D.Kan.) (174 F.Supp.2d 1209) (November 9, 2001) (Judge Kathryn H. Vratil) by This case is noted for its brief discussion of the so-called "two-witness rule" - a common law rule that arose in England in the seventeenth century which held that, while the …

U.S. v. Wilkerson, No. Crim. No. 98-10185-NG (D.Mass.) (183 F.Supp.2d 373) (January 10, 2002) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Adequacy of Criminal History Category

U.S. v. Wilkerson, No. Crim. No. 98-10185-NG (D.Mass.) (183 F.Supp.2d 373) (January 10, 2002) (Judge Nancy Gertner) by Once again Judge Gertner has presented a noteworthy analysis of an important sentencing issue. In this Sentencing Memorandum she gave a detailed explanation of some of the principles and parameters behind sentencing …

U.S. v. Soler, No. 01-1179 (1st Cir.) (275 F.3d 146) (January 4, 2002) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Soler, No. 01-1179 (1st Cir.) (275 F.3d 146) (January 4, 2002) (Judge Bruce M. Selya) by

U.S. v. Jackson, No. CR.A.99-385M-01(JMF) (D.D.C.) (175 F.Supp.2d 22) (November 27, 2001) (Judge Magistrate)

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

Filed under: Punch And Jurists

U.S. v. Jackson, No. CR.A.99-385M-01(JMF) (D.D.C.) (175 F.Supp.2d 22) (November 27, 2001) (Judge Magistrate) by Here, citing both cases and the text of Note 6 to U.S.S.G. § 4A1.2, the Court held that it is settled "beyond all question" that the invalidity of the underlying conviction is not a defense …

U.S. v. Kirksey, No. 00-CR-80654 (E.D.Mich.) (174 F.Supp.2d 611) (December 4, 2001) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Constitutional Challenges

U.S. v. Kirksey, No. 00-CR-80654 (E.D.Mich.) (174 F.Supp.2d 611) (December 4, 2001) (Judge Gerald E. Rosen) by Here the Court held that the general Federal drug laws, 21 U.S.C. §§ 841(b)(1)(A) and (b)(1)(B), were not rendered unconstitutional by the Supreme Court's decision in Apprendi.

U.S. v. Adkins, No. 00-1057 (7th Cir.) (274 F.3d 444) (December 13, 2001) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists

U.S. v. Adkins, No. 00-1057 (7th Cir.) (274 F.3d 444) (December 13, 2001) (Judge Diane P. Wood) by

U.S. v. Nubuor, No. 00-3012 (7th Cir.) (274 F.3d 435) (December 12, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists

U.S. v. Nubuor, No. 00-3012 (7th Cir.) (274 F.3d 435) (December 12, 2001) (Judge Joel L. Flaum) by

U.S. v. Cooper, No. 00-30208 (5th Cir.) (274 F.3d 230) (November 26, 2001) (Judge Fortunato P. Benavides)

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

Filed under: Punch And Jurists

U.S. v. Cooper, No. 00-30208 (5th Cir.) (274 F.3d 230) (November 26, 2001) (Judge Fortunato P. Benavides) by

U.S. v. Lujano-Perez, No. 00-40920 (5th Cir.) (274 F.3d 219) (November 26, 2001) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Lujano-Perez, No. 00-40920 (5th Cir.) (274 F.3d 219) (November 26, 2001) (Judge Harold R. Jr. DeMoss) by In this case, a divided panel held that that the trial court's failure to admonish the defendants of the nature of the charge, as required by Rule 11 of the Fed.R.Crim.P., …

U.S. v. Paul, No. 00-41299 (5th Cir.) (274 F.3d 155) (November 19, 2001) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Paul, No. 00-41299 (5th Cir.) (274 F.3d 155) (November 19, 2001) (Judge Carolyn Dineen King) by Here the Court affirmed several special conditions of supervised release for a person convicted of various child pornography crimes, including a prohibition on the use of the Internet and a prohibition on …

Kansas v. Crane, No. 00-957 (U.S. Supreme Court) (534 U.S. 407; 122 S.Ct. 867) (January 22, 2002) (Justice Breyer)

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

Filed under: Civil Commitment, Punch And Jurists

Kansas v. Crane, No. 00-957 (U.S. Supreme Court) (534 U.S. 407; 122 S.Ct. 867) (January 22, 2002) (Justice Breyer) by In this case, the Supreme Court set some loose limits on the growing state practice of keeping sexual predators in extended civil confinement after their criminal sentences expire - holding …

U.S. v. Gomez-Estrada, No. 01-1085 (1st Cir.) (273 F.3d 400) (November 27, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Gomez-Estrada, No. 01-1085 (1st Cir.) (273 F.3d 400) (November 27, 2001) (Judge Bruce M. Selya) by

Forrester v. White, No. 86-761 (U.S. Supreme Court) (484 U.S. 219; 108 S.Ct. 538) (January 12, 1988) (Justice O'Connor)

Article • December 31, 2001

Filed under: Punch And Jurists, Immunity - Judicial

Forrester v. White, No. 86-761 (U.S. Supreme Court) (484 U.S. 219; 108 S.Ct. 538) (January 12, 1988) (Justice O'Connor) by The respondent in this case, an Illinois state-court judge, had authority under state law to appoint and discharge probation officers. After hiring petitioner as a probation officer and later promoting …

Faretta v. California, No. 73-5772 (U.S. Supreme Court) (422 U.S. 806; 95 S.Ct. 2525) (June 30, 1975) (Justice Stewart)

Article • December 29, 2001

Filed under: Punch And Jurists, Pro Se Issues

Faretta v. California, No. 73-5772 (U.S. Supreme Court) (422 U.S. 806; 95 S.Ct. 2525) (June 30, 1975) (Justice Stewart) by Here the Court held that a criminal defendant has a constitutional right to conduct his own defense at trial by acting pro se when he voluntarily and intelligently elects to …

U.S. v. Payner, No. 78-1729 (U.S. Supreme Court) (447 U.S. 727; 100 S.Ct. 2439) (June 23, 1980) (Justice Powell)

Article • December 29, 2001

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

U.S. v. Payner, No. 78-1729 (U.S. Supreme Court) (447 U.S. 727; 100 S.Ct. 2439) (June 23, 1980) (Justice Powell) by Case held that a district court cannot circumvent the 4th Amendment standing rules by excluding evidence evidence seized illegally and in bad faith on violation of a third party's - …