Search | Punch and Jurists

U.S. v. Basalo, No. 00-10457 (9th Cir.) (258 F.3d 945) (August 2, 2001) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Basalo, No. 00-10457 (9th Cir.) (258 F.3d 945) (August 2, 2001) (Judge J. Clifford Wallace) by In this case, the Ninth Circuit rejected as improper an eight-level downward departure that had been granted by District Judge Walker of the N.D.Cal. to a defendant in a drug case on …

U.S. v. Clark, No. 99-50485 (5th Cir.) (260 F.3d 382) (July 26, 2001) (Judge Emilio M. Garza)

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

Filed under: Punch And Jurists

U.S. v. Clark, No. 99-50485 (5th Cir.) (260 F.3d 382) (July 26, 2001) (Judge Emilio M. Garza) by This case is a good example of the hoops through which a defendant must sometimes jump in his pursuit of appellate relief based on the Supreme Court’s decision in Apprendi v. New …

U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists

U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph) by A brief review of Jennifer Wynn's "Inside Rikers: Stories From the World’s Largest Penal Colony," 223 pages, St. Martin's Press, 2001. BOOK REVIEW - “Inside Rikers: Stories From the World’s Largest Penal …

U.S. v. Soltero-Corona, No. 00-2720 (8th Cir.) (258 F.3d 858) (July 31, 2001) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Stipulations

U.S. v. Soltero-Corona, No. 00-2720 (8th Cir.) (258 F.3d 858) (July 31, 2001) (Judge Richard S. Arnold) by This brief decision addressed two related Apprendi issues: (a) whether a defendant can raise an Apprendi claim on a direct appeal after "forfeiting" the claim by not raising it in the district …

U.S. v. Webb, No. 99-3114 (D.C. Cir.) (255 F.3d 890) (July 27, 2001) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Webb, No. 99-3114 (D.C. Cir.) (255 F.3d 890) (July 27, 2001) (Judge Merrick B. Garland) by Here the Court held that an alleged Apprendi error (not submitting to the jury the issue of how much drugs the defendant sold on three occasions to a government informant) dir not …

U.S. v. Maxwell, No. 00-2084 (1st Cir.) (254 F.3d 21) (June 29, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Maxwell, No. 00-2084 (1st Cir.) (254 F.3d 21) (June 29, 2001) (Judge Bruce M. Selya) by This decision deals with the ongoing protests in Puerto Rico over the Navy’s use of a military installation on the island of Vieques as a site for live-fire artillery and bombing exercises. …

U.S. v. Buckley, No. 00-3845 (7th Cir.) (251 F.3d 668) (May 24, 2001) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Post-Offense Conduct

U.S. v. Buckley, No. 00-3845 (7th Cir.) (251 F.3d 668) (May 24, 2001) (Judge Richard A. Posner) by Here the Court held that the defendant's modest religious activities did not justify a downward departure from the applicable Guideline range on a remand for resentencing (and prior to the adoption of …

New York v. Class, No. 84-1181 (U.S. Supreme Court) (475 U.S. 106; 106 S.Ct. 960) (February 25, 1986) (Justice O'Connor)

Article • June 30, 2001

Filed under: Punch And Jurists, Searches - Automobile

New York v. Class, No. 84-1181 (U.S. Supreme Court) (475 U.S. 106; 106 S.Ct. 960) (February 25, 1986) (Justice O'Connor) by The issue addressed by the Court in this case was "whether, in order to observe a Vehicle Identification Number (VIN) generally visible from outside an automobile, a police officer …

Landgraf v. USI Film Products, No. 92-757 (U.S. Supreme Court) (511 U.S. 244; 114 S.Ct. 1522) (April 26, 1994) (Justice Stevens)

Article • June 27, 2001

Filed under: Retroactivity, Punch And Jurists

Landgraf v. USI Film Products, No. 92-757 (U.S. Supreme Court) (511 U.S. 244; 114 S.Ct. 1522) (April 26, 1994) (Justice Stevens) by In this case, the Court considered whether the provisions of the Civil Rights Act of 1991 that provided expanded rights to recover compensatory and punitive damages in Title …

Bracy v. Gramley, No. 96-6133 (U.S. Supreme Court) (520 U.S. 899; 117 S.Ct. 1793) (June 9, 1997) (Justice Rehnquist)

Article • June 25, 2001

Filed under: Punch And Jurists, Discovery - Generally

Bracy v. Gramley, No. 96-6133 (U.S. Supreme Court) (520 U.S. 899; 117 S.Ct. 1793) (June 9, 1997) (Justice Rehnquist) by Case held that petitioner made a sufficient factual showing, under Rule 6(a) of Rules governing § 2254 cases, to establish good cause for discovery on a claim of judicial bias …

Bell v. U.S., No. 82-5119 (U.S. Supreme Court) (462 U.S. 356; 103 S.Ct. 2398) (June 13, 1983) (Justice Powell)

Article • June 23, 2001

Filed under: Punch And Jurists, Bank Fraud/Robbery/Theft

Bell v. U.S., No. 82-5119 (U.S. Supreme Court) (462 U.S. 356; 103 S.Ct. 2398) (June 13, 1983) (Justice Powell) by Here the Court held held that the federal bank larceny statute (18 USC § 2113(b)) was not limited to the common law crime of larceny, and that the statutory language …

Santobello v. New York, No. 70-98 (U.S. Supreme Court) (404 U.S. 257; 92 S.Ct. 495) (December 20, 1971) (Justice Burger)

Article • June 21, 2001

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

Santobello v. New York, No. 70-98 (U.S. Supreme Court) (404 U.S. 257; 92 S.Ct. 495) (December 20, 1971) (Justice Burger) by In this seminal case on guilty pleas, the Court held that when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that …

Artuz v. Bennett, No. 99-1238 (U.S. Supreme Court) (531 U.S. 4; 121 S.Ct. 213) (November 7, 2000) (Justice Scalia)

Article • June 11, 2001 • from P&J October, 2000

Filed under: Punch And Jurists

Artuz v. Bennett, No. 99-1238 (U.S. Supreme Court) (531 U.S. 4; 121 S.Ct. 213) (November 7, 2000) (Justice Scalia) by This is one of those habeas corpus decisions that proves the obvious: Through complex, complicated and obfuscated statutes, Congress has succeeded in turning the Great Writ into a procedural playground …

U.S. v. Brown, No. 99-2120 (1st Cir.) (251 F.3d 286) (June 5, 2001) (Judge Norman H. Stahl)