Search | Punch and Jurists

Zadvydas v. Davis, No. 99-7791 (U.S. Supreme Court) (533 U.S. 678; 121 S.Ct. 2491) (June 28, 2001) (Justice Breyer)

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

Filed under: Punch And Jurists, Limitations on Period of Detention

Zadvydas v. Davis, No. 99-7791 (U.S. Supreme Court) (533 U.S. 678; 121 S.Ct. 2491) (June 28, 2001) (Justice Breyer) by Here a divided Court held that a proision of the IIRIRA that authorizes the post-removal-period detention of removed aliens must be construed to contain an "implicit 'reasonable time' limitation" to …

U.S. v. Fulcher, No. 00-4167 (4th Cir.) (250 F.3d 244) (May 17, 2001) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists

U.S. v. Fulcher, No. 00-4167 (4th Cir.) (250 F.3d 244) (May 17, 2001) (Judge J. Michael Luttig) by Michael Fulcher was an inmate at Bland Correctional Center in Virginia (BCC) - an institution that was apparently renowned for its “pervasive presence of drugs” that was the result of an “extensive” …

U.S. v. Angle, No. 96-4662 (4th Cir.) (254 F.3d 514) (June 29, 2001) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists

U.S. v. Angle, No. 96-4662 (4th Cir.) (254 F.3d 514) (June 29, 2001) (Judge William W. Jr. Wilkins) by United States v. Angle, 254 F.3d 514 (4th Cir. 2001) (En banc) (Judge Wilkins) United States v. Promise, 255 F.3d 150 (4th Cir. 2001) (En banc) (Judge Wilkins) In October, 2000, …

Lattimore v. Dubois, No. Civ. No. 97-11011-NG (D.Mass.) (152 F.Supp.2d 67) (July 13, 2001) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

Lattimore v. Dubois, No. Civ. No. 97-11011-NG (D.Mass.) (152 F.Supp.2d 67) (July 13, 2001) (Judge Nancy Gertner) by Here Judge Gertner granted habeas relief to a defendant who had served 20 years in prison after finding that the "cause" that excused his procedural defaults was the trial judge's abuse of …

U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum) by Periodically, cases come to light in which informants and Government witnesses are paid or given such enormous benefits that one can legitimately question whether that person has any real incentive to tell …

U.S. v. Loe, No. 00-40454 (5th Cir.) (248 F.3d 449) (April 17, 2001) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists

U.S. v. Loe, No. 00-40454 (5th Cir.) (248 F.3d 449) (April 17, 2001) (Judge Patrick E. Higginbotham) by Among the many issues addressed in this multi-defendant money-laundering case, the Court held that for statute of limitations purposes in an insurance fraud trial, fraudulent payment triggers the running of the five-year …

U.S. v. Jordan, No. 97-10255 (9th Cir.) (256 F.3d 922) (July 5, 2001) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jordan, No. 97-10255 (9th Cir.) (256 F.3d 922) (July 5, 2001) (Judge Ronald M. Gould) by Here the Court held the district court committed plain error by using only a preponderance of the evidence to impose two sentencing enhancements that more than doubled the defendant's sentence, but refused …

U.S. v. Johansson, No. 00-50245 (9th Cir.) (249 F.3d 848) (May 4, 2001) (Judge Charles R. Breyer)

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

Filed under: Punch And Jurists

U.S. v. Johansson, No. 00-50245 (9th Cir.) (249 F.3d 848) (May 4, 2001) (Judge Charles R. Breyer) by

U.S. v. Murphy, No. 00-4599 (4th Cir.) (254 F.3d 511) (June 28, 2001) (Judge J. Michael Luttig)

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

Filed under: Punch And Jurists, Using a Minor to Commit a Crime

U.S. v. Murphy, No. 00-4599 (4th Cir.) (254 F.3d 511) (June 28, 2001) (Judge J. Michael Luttig) by In 1994, Congress directed the Sentencing Commission to “promulgate guidelines or amend existing guidelines to provide that a defendant 21 years of age or older who has been convicted of an offense …

Nat'l Council of Resistance of Iran v. Dept. of State, No. 99-1438 (D.C. Cir.) (251 F.3d 192) (June 8, 2001) (Judge David B. Sentelle)

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

Filed under: Terrorism, Punch And Jurists

Nat'l Council of Resistance of Iran v. Dept. of State, No. 99-1438 (D.C. Cir.) (251 F.3d 192) (June 8, 2001) (Judge David B. Sentelle) by In this consolidated case, two organizations challenged their designations as terrorist organizations by the Secretary of State as unsupported by the evidence and, in fact, …

Saffold v. Newland, No. 99-15541 (9th Cir.) (250 F.3d 1262) (July 17, 2000) (Judge Jr. William C. Canby)

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

Filed under: Punch And Jurists

Saffold v. Newland, No. 99-15541 (9th Cir.) (250 F.3d 1262) (July 17, 2000) (Judge Jr. William C. Canby) by

Daniels v. U.S., No. 00-6298 (10th Cir.) (254 F.3d 1180) (June 25, 2001) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists

Daniels v. U.S., No. 00-6298 (10th Cir.) (254 F.3d 1180) (June 25, 2001) (Judge Stephanie K. Seymour) by This is a significant Apprendi decision for a number of reasons. It is not only an en banc ruling, it amplified and expanded upon a previous en banc ruling of the same …

Tyler v. Cain, No. 00-5961 (U.S. Supreme Court) (533 U.S. 656; 121 S.Ct. 2478) (June 28, 2001) (Justice Thomas)

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

Filed under: Punch And Jurists

Tyler v. Cain, No. 00-5961 (U.S. Supreme Court) (533 U.S. 656; 121 S.Ct. 2478) (June 28, 2001) (Justice Thomas) by Here the Court held that its ruling in Cage v. Louisiana, 489 U.S. 39 (1990), dealing with erroneous jury instructions, had not been "made retroactive" within the meaning of 1996 …

U.S. v. Sewell, No. 00-1604 (2nd Cir.) (252 F.3d 647) (June 11, 2001) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists

U.S. v. Sewell, No. 00-1604 (2nd Cir.) (252 F.3d 647) (June 11, 2001) (Judge Rosemary S. Pooler) by In this case, the defendant claimed that the district court erred when it denied him the opportunity to present evidence that he was high on crack cocaine at the time he committed …

Bracy v. Schomig, No. 99-4318 (7th Cir.) (248 F.3d 604) (April 18, 2001) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Burden of Proof

Bracy v. Schomig, No. 99-4318 (7th Cir.) (248 F.3d 604) (April 18, 2001) (Judge Richard A. Posner) by This case is noted for Judge Rovner’s dissent in which she strongly objected to the majority’s refusal to grant a new trial to two petitioners who were sentenced to death after being …

U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (249 F.3d 963) (May 10, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Velasco-Heredia, No. 00-50107 (9th Cir.) (249 F.3d 963) (May 10, 2001) (Judge Stephen S. Trott) by Here the Court held that a sentence of supervised release in excess of the statutory maximum based on a determination of the quantity of drugs by a preponderance of the evidence was …

U.S. v. Promise, No. 99-4737 (4th Cir.) (255 F.3d 150) (June 29, 2001) (Judge William W. Jr. Wilkins)

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

Filed under: Punch And Jurists, Plain Error

U.S. v. Promise, No. 99-4737 (4th Cir.) (255 F.3d 150) (June 29, 2001) (Judge William W. Jr. Wilkins) by United States v. Angle, 254 F.3d 514 (4th Cir. 2001) (En banc) (Judge Wilkins) United States v. Promise, 255 F.3d 150 (4th Cir. 2001) (En banc) (Judge Wilkins) In October, 2000, …

Henderson v. Norris, No. 00-2203 (8th Cir.) (258 F.3d 706) (July 9, 2001) (Judge Morris Sheppard Arnold)

Article • June 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Henderson v. Norris, No. 00-2203 (8th Cir.) (258 F.3d 706) (July 9, 2001) (Judge Morris Sheppard Arnold) by An Arkansas state jury sentenced Grover Henderson to life imprisonment for selling .238 grams (that’s one-fifth of a gram - or .0084 ounces!!!) of cocaine base - and it was the first …

U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum) by QUOTE OF THE WEEK - The search for truth - one of the casualties of the criminal justice system! "One of the basics of our jurisprudence is the search for truth, and …

U.S. v. Torres, No. 00-5209 (3rd Cir.) (251 F.3d 138) (May 22, 2001) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Sentences - Authority to Modify

U.S. v. Torres, No. 00-5209 (3rd Cir.) (251 F.3d 138) (May 22, 2001) (Judge Richard L. Nygaard) by Each week, out of the 70-odd new criminal decisions published by the Federal courts, there are, on average and by our count, some 10% of those cases that involve claims by defendants …