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Article • November 25, 2001
Cedric Kushner Promotions, Ltd. v. King, No. 00-549 (U.S. Supreme Court) (533 U.S. 158; 121 S.Ct. 2087) (June 11, 2001) (Justice Breyer) by In this civil RICO case, the Court held that corporate employees acting within the scope of their employment may be held liable for violations of the Racketeer …
Article • November 25, 2001
Geders v. U.S., No. 74-5968 (U.S. Supreme Court) (425 U.S. 80; 96 S.Ct. 1330) (March 30, 1976) (Justice Burger) by Here the Court held that a defendant's Sixth Amendment right to effective assistance of counsel was violated when the trial court prohibited him from consulting with his counsel during a …
Article • November 18, 2001
Williamson v. U.S., No. 93-5256 (U.S. Supreme Court) (512 U.S. 594; 114 S.Ct. 2431) (June 27, 1994) (Justice O'Connor) by In this case the declarant had lied to the police when he was first interviewed and several hours later he told a different story. When the declarant refused to testify …
Article • November 18, 2001
Smith v. Robbins, No. 98-1037 (U.S. Supreme Court) (528 U.S. 259; 120 S.Ct. 746) (January 19, 2000) (Justice Thomas) by In this case, the Supreme Court held that the procedure established in Anders v. California, 386 U.S. 738 (1967), for appointed counsel to follow when deciding that an indigent defendant’s …
Article • November 8, 2001
Cobbledick v. U.S., No. 571 (U.S. Supreme Court) (309 U.S. 323; 60 S.Ct. 540) (February 26, 2040) (Justice Frankfurter) by In this case the appellant was subpoenaed to appear and produce certain documents before a grand jury. He moved the district court to quash the subpoena, but the motion was …
Article • November 5, 2001
Younger v. Harris, No. 2 (U.S. Supreme Court) (401 U.S. 37; 91 S.Ct. 746) (February 23, 1971) (Justice Black) by Case established principle that Federal courts cannot enjoin ongoing state criminal proceedings unless extraordinary circumstances are present. The Court also prohibited Federal courts from interfering in pending state civil cases …
Article • November 2, 2001
Filed under: Punch And Jurists
Russell v. U.S., No. 84-435 (U.S. Supreme Court) (471 U.S. 858; 105 S.Ct. 2455) (June 3, 1985) (Justice Stevens) by Here the Supreme Court established a per se rule that, for purposes of the Federal arson statute, 18 USC § 844(i), rental property constitutes property that is used as an …
Article • November 1, 2001
U.S. v. Havens, No. 79-305 (U.S. Supreme Court) (446 U.S. 620; 100 S.Ct. 1912) (May 27, 1980) (Justice White) by Here the Court upheld the admission at trial of illegally seized evidence to impeach a defendant's testimony deliberately elicited by the Government under the cover of impeaching an accused who …
Article • November 1, 2001
Filed under: Punch And Jurists
Wolff v. McDonnell, No. 73-679 (U.S. Supreme Court) (418 U.S. 539; 94 S.Ct. 2963) (June 26, 1974) (Justice White) by This is one of the Supreme Court's seminal decisions on prisoners' rights in general, covering such issues as legal assistance, restrictions on legal mail, and due process procedures that apply …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Santiago, No. 98-1674 (2nd Cir.) (268 F.3d 151) (October 15, 2001) (Judge Sonia Sotomayor) by In this case the court held that Apprendi's recidivism exception encompasses the issue of whether prior convictions arose from offenses "committed on occasions different from one another." (Id., at 155.) The court first …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Knight, No. 99-5642 (3rd Cir.) (266 F.3d 203) (September 6, 2001) (Judge Carol Los Mansmann) by In this case the Third Circuit held that the district court had committed plain error when it selected the defendant’s sentence from the wrong Guideline sentencing range; and that, even though the …
Article • November 1, 2001 • from P&J November, 2001
Filed under: Punch And Jurists
U.S. v. Tighe, No. 00-30263 (9th Cir.) (266 F.3d 1187) (September 24, 2001) (Judge Raymond C. Fisher) by The District Court for the District of Montana sentenced defendant under the Armed Career Criminal Act (ACCA) (18 U.S.C. § 924(e)), which mandates a minimum sentence of 15 years for any person …
Article • November 1, 2001 • from P&J November, 2001
Jones-El v. Berge, No. 00-C-421-C (W.D.Wisc.) (164 F.Supp.2d 1096) (October 10, 2001) (Judge Barbara B. Crabb) by Here the Court granted the plaintiff inmates an injunction prohibiting prison officials from holding mentally ill inmates in segregation, equating the practice to "placing an asthmatic in a place with little air to …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Maung, No. 00-10296 (11th Cir.) (267 F.3d 1113) (September 25, 2001) (Judge Edward E. Carnes) by This case is noted for its detailed review of the law relating to the so-called “fencing enhancement” contained in U.S.S.G. § 2B6.1(b)(2) (a provision that deals with Motor Vehicle Identification Numbers). Under …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Roper, No. 99-6693 (6th Cir.) (266 F.3d 526) (September 21, 2001) (Judge Ronald Lee Gilman) by After the defendant in this case was sentenced to 265 months in prison for drug crimes, he appealed - arguing that his sentence violated Apprendi v. New Jersey, 530 U.S. 466 (2000) …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Roberts, No. 00-20781 (5th Cir.) (274 F.3d 1007) (December 4, 2001) (Judge Rhesa Hawkins Barksdale) by The issue addressed in this case was one that the Fifth Circuit had never previously addressed, namely “does the Fourth Amendment permit a non-routine, outbound search at the functional equivalent of the …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Thomas, No. 98-1051 (2nd Cir.) (274 F.3d 655) (December 12, 2001) (Judge Jose A. Cabranes) by This is another one of the 49 decisions vacated and remanded by the Supreme Court “for further consideration in light of its decision in Apprendi”. Three defendants were convicted of conspiring to …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Adelzo-Gonzalez, No. 99-50152 (9th Cir.) (268 F.3d 772) (September 26, 2001) (Judge Susan Y. Illston) by In this case the Court found that the district court had erred by failing to make adequate inquiries into the alleged breakdown of trust between the defendant and his counsel - stating …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Perkins, No. P-00-CR-270 (W.D.Tex.) (166 F.Supp.2d 1116) (September 25, 2001) (Judge Royal Ferguson) by This is a decision that highlights the importance of never taking for granted the authority and jurisdiction of a Federal agency - no matter how customary their actions may appear to be. In this …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Ardley, No. 98-7033 (11th Cir.) (273 F.3d 991) (November 20, 2001) (Judge R. Lanier III Anderson) by This decision is noted for Judge Tjoflat’s highly persuasive dissent on the topic of the retroactive use of Apprendi on appeals. That dissent is particularly noteworthy because it eschews the common …
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