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U.S. v. Manoocher Nosrati-Shamloo, No. 99-10197 (11th Cir.) (255 F.3d 1290) (July 3, 2001) (Per Curiam)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Manoocher Nosrati-Shamloo, No. 99-10197 (11th Cir.) (255 F.3d 1290) (July 3, 2001) (Per Curiam) by The sole issue in this appeal was whether the sentencing court had erred in fixing the amount of intended loss from the theft of credit card applications out of the U.S. mail (in …

Riggins v. Nevada, No. 90-8466 (U.S. Supreme Court) (504 U.S. 127; 112 S.Ct. 1810) (May 18, 1992) (Justice O'Connor)

Article • July 31, 2001

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Riggins v. Nevada, No. 90-8466 (U.S. Supreme Court) (504 U.S. 127; 112 S.Ct. 1810) (May 18, 1992) (Justice O'Connor) by In this case the Supreme Court addressed a claim by a pretrial detainee on direct appeal from his convictions that his right to a fair trial was denied under the …

U.S. v. DiFrancesco, No. 79-567 (U.S. Supreme Court) (449 U.S. 117; 101 S.Ct. 426) (December 9, 1980) (Justice Blackmun)

Article • July 26, 2001

Filed under: Punch And Jurists

U.S. v. DiFrancesco, No. 79-567 (U.S. Supreme Court) (449 U.S. 117; 101 S.Ct. 426) (December 9, 1980) (Justice Blackmun) by The respondent in this case was convicted of federal racketeering offenses at a trial in Federal District Court. He was sentenced as a dangerous special offender under 18 U. S. …

Texas v. McCullough, No. 84-1198 (U.S. Supreme Court) (475 U.S. 134; 106 S.Ct. 976) (February 26, 1986) (Justice Burger)

Article • July 21, 2001

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Texas v. McCullough, No. 84-1198 (U.S. Supreme Court) (475 U.S. 134; 106 S.Ct. 976) (February 26, 1986) (Justice Burger) by In this case the defendant, upon retrial, chose to be sentenced by a judge rather than by the jury. The judge ultimately imposed a harsher sentence than had been imposed …

U.S. v. Frady, No. 80-1595 (U.S. Supreme Court) (456 U.S. 152; 102 S.Ct. 1584) (April 5, 1982) (Justice O'Connor)

Article • July 20, 2001

Filed under: Punch And Jurists

U.S. v. Frady, No. 80-1595 (U.S. Supreme Court) (456 U.S. 152; 102 S.Ct. 1584) (April 5, 1982) (Justice O'Connor) by Case held that to obtain collateral relief based upon trial errors as to which no contemporaneous objection was made, a defendant must show both "cause" excusing his double procedural default …

Holloway v. U.S., No. 97-7164 (U.S. Supreme Court) (526 U.S. 1; 119 S.Ct. 966) (March 2, 1999) (Justice Stevens)

Article • July 10, 2001 • from P&J February, 1999

Filed under: Punch And Jurists

Holloway v. U.S., No. 97-7164 (U.S. Supreme Court) (526 U.S. 1; 119 S.Ct. 966) (March 2, 1999) (Justice Stevens) by The Federal carjacking statute (18 U.S.C. § 2119) makes it a crime to take a vehicle from the person or presence of another by force and violence or intimidation “with …

Avery v. Alabama, No. 124 (U.S. Supreme Court) (308 U.S. 444; 60 S.Ct. 321) (January 2, 2040) (Justice Black)

Article • July 10, 2001

Filed under: Punch And Jurists, Effective Assistance of Counsel

Avery v. Alabama, No. 124 (U.S. Supreme Court) (308 U.S. 444; 60 S.Ct. 321) (January 2, 2040) (Justice Black) by Here the Court held that counsel was not presumed ineffective when given only 3 days to prepare for a capital case because the needed witnesses and evidence easily were accessible …

Amadeo v. Zant, No. 87-5277 (U.S. Supreme Court) (486 U.S. 214; 108 S.Ct. 1771) (May 31, 1988) (Justice Marshall)

Article • July 7, 2001

Filed under: Punch And Jurists, Bias/Discrimination

Amadeo v. Zant, No. 87-5277 (U.S. Supreme Court) (486 U.S. 214; 108 S.Ct. 1771) (May 31, 1988) (Justice Marshall) by Here the Court held that the district court had properly concluded that petitioner successfully established cause for his failure to raise in the state trial court a constitutional challenge to …

Holbrook v. Flynn, No. 84-1606 (U.S. Supreme Court) (475 U.S. 560; 106 S.Ct. 1340) (March 26, 1986) (Justice Marshall)

Article • July 7, 2001

Filed under: Punch And Jurists, Prejudice - Potential for Undue

Holbrook v. Flynn, No. 84-1606 (U.S. Supreme Court) (475 U.S. 560; 106 S.Ct. 1340) (March 26, 1986) (Justice Marshall) by Here the Court held that the deployment of uniformed security officers in a courtroom does not create an inherent danger that the jury may form the impression that the defendant …

Engle v. Isaac, No. 80-1430 (U.S. Supreme Court) (456 U.S. 107; 102 S.Ct. 1558) (April 5, 1982) (Justice O'Connor)

Article • July 7, 2001

Filed under: Punch And Jurists

Engle v. Isaac, No. 80-1430 (U.S. Supreme Court) (456 U.S. 107; 102 S.Ct. 1558) (April 5, 1982) (Justice O'Connor) by In this case the Court built upon its decision in Wainwright v Sykes, 433 U.S. 72 (1977) where it held that a state prisoner, barred by procedural default from raising …

Wainwright v. Torna, No. 81-362 (U.S. Supreme Court) (455 U.S. 586; 102 S.Ct. 1300) (March 22, 1982) (Per Curiam)

Article • July 6, 2001

Filed under: Appeals, Punch And Jurists

Wainwright v. Torna, No. 81-362 (U.S. Supreme Court) (455 U.S. 586; 102 S.Ct. 1300) (March 22, 1982) (Per Curiam) by In this case, the majority held that because the respondent in this case had no constitutional right to counsel (predicated on its holding in Ross v. Moffitt, 417 U.S. 600 …

Ross v. Moffitt, No. 73-786 (U.S. Supreme Court) (417 U.S. 600; 84 S.Ct. 2437) (June 17, 1974) (Justice Rehnquist)

Article • July 6, 2001

Filed under: Appeals, Punch And Jurists

Ross v. Moffitt, No. 73-786 (U.S. Supreme Court) (417 U.S. 600; 84 S.Ct. 2437) (June 17, 1974) (Justice Rehnquist) by The issue addressed in this was whether the Court's holding in Douglas v California, 372 US 353, 9 L Ed 2d 811, 83 S Ct 814 (1963) (which requires the …

Pennsylvania v. Finley, No. 85-2099 (U.S. Supreme Court) (481 U.S. 551; 107 S.Ct. 1991) (May 18, 1987) (Justice Rehnquist)

Article • July 6, 2001

Filed under: Appeals, Punch And Jurists

Pennsylvania v. Finley, No. 85-2099 (U.S. Supreme Court) (481 U.S. 551; 107 S.Ct. 1991) (May 18, 1987) (Justice Rehnquist) by In this case, which involved the application of Anders v. State of California, 386 U.S. 738 (1967), the Supreme Court held that there is no protected Sixth Amendment right to …

U.S. v. Trask, No. CRIM. 00CR10111-NG (D.Mass.) (143 F.Supp.2d 88) (April 20, 2001) (Judge Nancy Gertner)