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Purdy v. Zeldes, No. 2:00-CV-390 (D.Vt.) (166 F.3d 935) (September 21, 2001) (Judge William K. III Sessions)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Effective Assistance of Counsel

Purdy v. Zeldes, No. 2:00-CV-390 (D.Vt.) (166 F.3d 935) (September 21, 2001) (Judge William K. III Sessions) by The plaintiff in this case, John M. Purdy, sued his criminal defense attorney, Jacob D. Zeldes, for malpractice, breach of fiduciary duty, and misrepresentation arising from Zeldes’ alleged inadequate representation of Purdy …

U.S. v. McCabe, No. 01-1445 (8th Cir.) (270 F.3d 588) (November 5, 2001) (Judge Diana E. Murphy)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Statement of Reasons

U.S. v. McCabe, No. 01-1445 (8th Cir.) (270 F.3d 588) (November 5, 2001) (Judge Diana E. Murphy) by If the Guideline sentencing range for a particular defendant exceed 24 months, the law quite clearly requires a sentencing judge to state in open court, at the time of sentencing, its reasons …

U.S. v. Garcia, No. 00 CR. 1070(RWS) (S.D.N.Y.) (165 F.Supp.2d 496) (April 17, 2001) (Judge Robert W. Sweet)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Garcia, No. 00 CR. 1070(RWS) (S.D.N.Y.) (165 F.Supp.2d 496) (April 17, 2001) (Judge Robert W. Sweet) by Here the Court granted an alien who pled guilty to illegal reentry a nine month reduction in his sentence because the Government had delayed prosecuting him on that charge for 9 …

U.S. v. Gross, No. 98 CR 159(SJ) (E.D.N.Y.) (165 F.Supp.2d 372) (October 2, 2001) (Judge Sterling Jr. Johnson)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Gross, No. 98 CR 159(SJ) (E.D.N.Y.) (165 F.Supp.2d 372) (October 2, 2001) (Judge Sterling Jr. Johnson) by One of the more difficult tasks that a criminal defense lawyer faces is to get an indictment dismissed based on a pre-indictment delay. Yet, as more and more statutes of limitation …

U.S. v. Cromartie, No. 00-13957 (11th Cir.) (267 F.3d 1293) (October 3, 2001) (Per Curiam)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists

U.S. v. Cromartie, No. 00-13957 (11th Cir.) (267 F.3d 1293) (October 3, 2001) (Per Curiam) by

U.S. v. Campbell, No. 00-2493 (1st Cir.) (268 F.3d 1) (October 11, 2001) (Judge Norman H. Stahl)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists

U.S. v. Campbell, No. 00-2493 (1st Cir.) (268 F.3d 1) (October 11, 2001) (Judge Norman H. Stahl) by

U.S. v. Salemme, No. CR 94-10287 (D.Mass.) (164 F.Supp.2d 49) (February 13, 1998) (Judge Mark L. Wolf)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Recusal, Punch And Jurists

U.S. v. Salemme, No. CR 94-10287 (D.Mass.) (164 F.Supp.2d 49) (February 13, 1998) (Judge Mark L. Wolf) by This case, and its companion case reported at 164 F.Supp.2d 86 (D.Mass. 1998), [both of which were not released for publication until 2001] relate to a motion for recusal, pursuant to 28 …

U.S. v. Salemme, No. CR. 94-10287 (D.Mass.) (164 F.Supp.2d 86) (March 30, 1998) (Judge Mark L. Wolf)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Recusal, Punch And Jurists

U.S. v. Salemme, No. CR. 94-10287 (D.Mass.) (164 F.Supp.2d 86) (March 30, 1998) (Judge Mark L. Wolf) by This case, and its companion case reported at 164 F.Supp.2d 49 (D.Mass. 1998), [both of which were not released for publication until 2001] relate to a motion for recusal, pursuant to 28 …

Brackett v. U.S., No. 01-1466 (1st Cir.) (270 F.3d 60) (October 31, 2001) (Judge Sandra L. Lynch)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists

Brackett v. U.S., No. 01-1466 (1st Cir.) (270 F.3d 60) (October 31, 2001) (Judge Sandra L. Lynch) by This case is noted for its interpretation of one of the events that trigger the commencement of the one year limitations period set forth in 28 U.S.C. § 2255. Clause (4) of …

U.S. v. Lujan, No. 00-2016 (10th Cir.) (268 F.3d 965) (October 9, 2001) (Judge William J. Jr. Holloway)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Lujan, No. 00-2016 (10th Cir.) (268 F.3d 965) (October 9, 2001) (Judge William J. Jr. Holloway) by

Alvarez-Machain v. U.S., No. 99-56762 (9th Cir.) (266 F.3d 1045) (September 11, 2001) (Judge Alfred T. Goodwin)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Alien Tort Claims Act, Punch And Jurists

Alvarez-Machain v. U.S., No. 99-56762 (9th Cir.) (266 F.3d 1045) (September 11, 2001) (Judge Alfred T. Goodwin) by This case arose out of a civil rights complaint for damages that was filed in 1993 against DEA officials and agents for their April 1990 kidnaping of the plaintiff, Humberto Alvarez-Machain (Alvarez), …

Hohn v. U.S., No. 96-8986 (U.S. Supreme Court) (524 U.S. 236; 118 S.Ct. 1969) (June 15, 1998) (Justice Kennedy)

Article • October 30, 2001

Filed under: Punch And Jurists

Hohn v. U.S., No. 96-8986 (U.S. Supreme Court) (524 U.S. 236; 118 S.Ct. 1969) (June 15, 1998) (Justice Kennedy) by Here, the petitioner, Hohn, iled a habeas corpus petition under 28 U.S.C. 2255 seeking to vacate his conviction of using a firearm during a drug trafficking offense (18 U.S.C. 924(c)(1). …

Gentile v. State Bar of Nevada, No. 89-1836 (U.S. Supreme Court) (501 U.S. 1030; 111 S.Ct. 2720) (June 27, 1991) (Justice Kennedy)

Article • October 30, 2001

Filed under: Punch And Jurists

Gentile v. State Bar of Nevada, No. 89-1836 (U.S. Supreme Court) (501 U.S. 1030; 111 S.Ct. 2720) (June 27, 1991) (Justice Kennedy) by Here the Court upheld an attorney disciplinary rule prohibiting lawyer speech that would have a "substantial likelihood of materially prejudicing an adjudicative proceeding", holding it was sufficiently …

Michigan v. Long, No. 82-256 (U.S. Supreme Court) (463 U.S. 1032; 103 S.Ct. 3469) (July 6, 1983) (Justice O'Connor)

Article • October 14, 2001

Filed under: Punch And Jurists, Terry Stops

Michigan v. Long, No. 82-256 (U.S. Supreme Court) (463 U.S. 1032; 103 S.Ct. 3469) (July 6, 1983) (Justice O'Connor) by In this case the Court held that the police, while conducting a Terry stop search of a suspect, may search the suspect's person and the area within his immediate control. …

Parratt v. Taylor, No. 79-1734 (U.S. Supreme Court) (451 U.S. 527; 101 S.Ct. 1908) (May 18, 1981) (Justice Rehnquist)

Article • October 12, 2001

Filed under: Due Process, Punch And Jurists

Parratt v. Taylor, No. 79-1734 (U.S. Supreme Court) (451 U.S. 527; 101 S.Ct. 1908) (May 18, 1981) (Justice Rehnquist) by The respondent in this case was an inmate at the Nebraska Penal and Correctional Complex who ordered by mail certain hobby materials valued at $23.50. The hobby materials were lost …

U.S. v. Holt, No. 99-7150 (10th Cir.) (264 F.3d 1215) (September 5, 2001) (Judge David M. Ebel)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Holt, No. 99-7150 (10th Cir.) (264 F.3d 1215) (September 5, 2001) (Judge David M. Ebel) by This is an important Fourth Amendment decision that deals with the permissible scope of police questioning during routine traffic stops. The law governing that topic was established by the Supreme Court in …

U.S. v. Purdy, No. 00-30168 (9th Cir.) (264 F.3d 809) (August 31, 2001) (Judge Harry Pregerson)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Purdy, No. 00-30168 (9th Cir.) (264 F.3d 809) (August 31, 2001) (Judge Harry Pregerson) by In this case, the Court rejected a claim by the defendant that his conviction for illegal possession of a firearm as an "unlawful user" of drugs, in violation of 18 U.S.C. § 922(g)(3) …

U.S. v. Correa-Gomez, No. Cr.A. 01-32 (E.D.Ky.) (160 F.Supp.2d 748) (August 31, 2001) (Judge Henry R. Jr. Wilhoit)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Correa-Gomez, No. Cr.A. 01-32 (E.D.Ky.) (160 F.Supp.2d 748) (August 31, 2001) (Judge Henry R. Jr. Wilhoit) by In U.S. v. Armstrong, 517 U.S. 456 (1996), the Supreme Court held that, to prove a selective prosecution case, the claimant must prove two elements: first, he must demonstrate that the …

U.S. v. Scarfo, No. 00-4313 (3rd Cir.) (263 F.3d 80) (August 27, 2001) (Judge Max Rosenn)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists

U.S. v. Scarfo, No. 00-4313 (3rd Cir.) (263 F.3d 80) (August 27, 2001) (Judge Max Rosenn) by Here the Court held that a “gag order” placed by Judge Politan of the D.N.J. on a defense attorney who had been removed from the case constituted an unreasonable and unwarranted invasion of …

U.S. v. Schulte, No. 00-3301 (6th Cir.) (264 F.3d 656) (September 4, 2001) (Judge Thomas A. Jr. Wiseman)

Article • October 1, 2001 • from P&J October, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Schulte, No. 00-3301 (6th Cir.) (264 F.3d 656) (September 4, 2001) (Judge Thomas A. Jr. Wiseman) by One of the issues raised on appeal be the defendant in this case was that the sentencing enhancements increasing his sentence were improperly applied in light of Apprendi. The defendant conceded …