Search | Punch and Jurists

Kirby v. Illinois, No. 70-5061 (U.S. Supreme Court) (406 U.S. 682; 92 S.Ct. 1877) (June 7, 1972) (Justice Stewart)

Article • February 5, 2001

Filed under: Punch And Jurists, Massiah Rule

Kirby v. Illinois, No. 70-5061 (U.S. Supreme Court) (406 U.S. 682; 92 S.Ct. 1877) (June 7, 1972) (Justice Stewart) by Here the Court held that a person's Sixth and Fourteenth Amendment right to counsel attaches only at or after the time that adversary judicial proceedings have been initiated against him …

Rucker v. Davis, No. 98-16322 (9th Cir.) (237 F.3d 1113) (January 24, 2001) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists

Rucker v. Davis, No. 98-16322 (9th Cir.) (237 F.3d 1113) (January 24, 2001) (Judge Michael Daly Hawkins) by

U.S. v. Guagliardo, No. 01-50066 (9th Cir.) (278 F.3d 868) (January 17, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Special Conditions

U.S. v. Guagliardo, No. 01-50066 (9th Cir.) (278 F.3d 868) (January 17, 2002) (Per Curiam) by

U.S. v. Shepard, No. 98-10262-NG (D.Mass.) (125 F.Supp.2d 562) (January 20, 2000) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists

U.S. v. Shepard, No. 98-10262-NG (D.Mass.) (125 F.Supp.2d 562) (January 20, 2000) (Judge Nancy Gertner) by Here the Court held that the defendant did not qualify for sentencing as an armed career criminal because it could not look at evidence underlying any of the prior offenses to determine whether they …

U.S. v. Ofcky, No. 00-1420 (7th Cir.) (237 F.3d 904) (January 23, 2001) (Judge Richard D. Cudahy)

Article • February 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Ofcky, No. 00-1420 (7th Cir.) (237 F.3d 904) (January 23, 2001) (Judge Richard D. Cudahy) by Here the Court held that in a prosecution of a felon for possession of a weapon, it was proper for the sentencing judge to determine that the weapon involved was an automatic …

U.S. v. VanMeter, No. 00-6456 (10th Cir.) (278 F.3d 1156) (January 29, 2002) (Judge Wade Brorby)

Article • February 1, 2001 • from P&J February, 2002

Filed under: Punch And Jurists, Necessity

U.S. v. VanMeter, No. 00-6456 (10th Cir.) (278 F.3d 1156) (January 29, 2002) (Judge Wade Brorby) by This case is noted for its detailed and informative review of the seven different standards of review that the various Circuits use when determining whether the Government has met the “necessity” requirement contained …

Brown v. City of Oneonta, New York, No. 98-9375 (2nd Cir.) (235 F.3d 769) (December 18, 2000) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

Brown v. City of Oneonta, New York, No. 98-9375 (2nd Cir.) (235 F.3d 769) (December 18, 2000) (Judge John M. Jr. Walker) by The five separate decisions in this case reflect how extraordinarily sensitive and explosive charges of racial profiling can be. Here those charges set off an old-fashioned judicial …

U.S. v. Oliver, No. 99-6107 (3rd Cir.) (238 F.3d 471) (January 24, 2001) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists

U.S. v. Oliver, No. 99-6107 (3rd Cir.) (238 F.3d 471) (January 24, 2001) (Judge Thomas L. Ambro) by The defendant in this case, Gerold Oliver, on leave from the Post Office, sought and received total disability benefits while also working as a registered nurse. The Government filed a complaint charging …

Mickens v. Taylor, No. 00-4 (4th Cir.) (240 F.3d 348) (February 16, 2001) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Conflict of Interest

Mickens v. Taylor, No. 00-4 (4th Cir.) (240 F.3d 348) (February 16, 2001) (Judge H. Emory Jr. Widener) by

Shafer v. South Carolina, No. 00-5250 (U.S. Supreme Court) (532 U.S. 36; 121 S.Ct. 1263) (March 20, 2001) (Justice Ginsburg)

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

Filed under: Jury Instructions, Punch And Jurists

Shafer v. South Carolina, No. 00-5250 (U.S. Supreme Court) (532 U.S. 36; 121 S.Ct. 1263) (March 20, 2001) (Justice Ginsburg) by Here the Court reversed a death sentence, holding that a trial court’s refusal to clarify to the jurors that a life sentence meant that the defendant was ineligible for …

U.S. v. Caba, No. 00-1493 (1st Cir.) (241 F.3d 98) (March 2, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Caba, No. 00-1493 (1st Cir.) (241 F.3d 98) (March 2, 2001) (Judge Bruce M. Selya) by Here the Court flatly rejected the defendant's assertion that Apprendi required a jury determination as to drug quantity because the finding significantly increased his Guideline sentencing range and sentence (although not above …

U.S. v. Neuhausser, No. 99-3763 (6th Cir.) (241 F.3d 460) (February 14, 2001) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Neuhausser, No. 99-3763 (6th Cir.) (241 F.3d 460) (February 14, 2001) (Judge Gerald E. Rosen) by Here the Court held that, notwithstanding Apprendi, sentencing on the jury verdict alone was appropriate without additional facts such as drug quantities that were determined at sentencing under the "preponderance of the …

U.S. v. Robinson, No. 00-1674 (1st Cir.) (241 F.3d 115) (March 6, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists

U.S. v. Robinson, No. 00-1674 (1st Cir.) (241 F.3d 115) (March 6, 2001) (Judge Bruce M. Selya) by

Browning v. U.S., No. 00-7096 (10th Cir.) (241 F.3d 1262) (March 1, 2001) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists

Browning v. U.S., No. 00-7096 (10th Cir.) (241 F.3d 1262) (March 1, 2001) (Judge Stephanie K. Seymour) by Here the en banc court held that for purposes of 28 USC § 2255 the proper retroactivity test for second or successive habeas petitions under the AEDPA is whether the Supreme Court …

U.S. v. Harris, No. 00-14200 (11th Cir.) (244 F.3d 828) (March 14, 2001) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Harris, No. 00-14200 (11th Cir.) (244 F.3d 828) (March 14, 2001) (Judge Rosemary Barkett) by Recently the D.C. Circuit Court held, in U.S. v. Fields, 242 F.3d 393 (D.C. Cir. 2001) (See P&J, 2/19/01), that a “leadership” sentencing enhancement under U.S.S.G. § 3B1.1(a) is subject to the Apprendi …

U.S. v. Jackson, No. 98-6487 (10th Cir.) (240 F.3d 1245) (February 27, 2001) (Judge Wade Brorby)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jackson, No. 98-6487 (10th Cir.) (240 F.3d 1245) (February 27, 2001) (Judge Wade Brorby) by This case involved a sentence of 360-months that was imposed on the defendant pursuant to the provisions of 21 U.S.C. § 841(b)(1)(A). At sentencing, the trial court found that the defendant was responsible …

U.S. v. Aquino, No. 99-10501 (9th Cir.) (242 F.3d 859) (March 8, 2001) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Aquino, No. 99-10501 (9th Cir.) (242 F.3d 859) (March 8, 2001) (Judge Kim McLane Wardlaw) by Here the Court held that where a defendant is convicted of a § 924(c) violation, his sentence may not be enhanced at all for any conduct for which the defendant is accountable …

U.S. v. Smith, No. 99-6146-CR (S.D.Fla.) (125 F.Supp.2d 486) (November 9, 2000) (Judge Wilkie D. Jr. Ferguson)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 99-6146-CR (S.D.Fla.) (125 F.Supp.2d 486) (November 9, 2000) (Judge Wilkie D. Jr. Ferguson) by

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Harrison, No. 99-1642 (2nd Cir.) (241 F.3d 289) (March 5, 2001) (Judge Rosemary S. Pooler) by This case is noted for two reasons: First, the Second Circuit issued another one of those periodic choir calls for the “need to require strict adherence to the provisions of Fed.R.Crim.P. 11" …

U.S. v. Dorris, No. 99-6429 (10th Cir.) (236 F.3d 582) (December 22, 2000) (Judge John C. Porfilio)

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

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Dorris, No. 99-6429 (10th Cir.) (236 F.3d 582) (December 22, 2000) (Judge John C. Porfilio) by The defendant in this case was convicted of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1) and he was sentenced to 210 months imprisonment. In addition …