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U.S. v. Shimoda, No. 02-10188 (9th Cir.) (334 F.3d 846) (June 26, 2003) (Judge Edward Leavy)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Shimoda, No. 02-10188 (9th Cir.) (334 F.3d 846) (June 26, 2003) (Judge Edward Leavy) by Scott Shimoda, the defendant in this case, pled guilty to a single count of possession with intent to distribute 500 grams of more or cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), …

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (333 F.3d 509) (June 26, 2003) (Judge William W. Jr. Wilkins)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Appealable Issues/Orders

U.S. v. Moussaoui, No. 03-4162 (4th Cir.) (333 F.3d 509) (June 26, 2003) (Judge William W. Jr. Wilkins) by Here the Court held that it was without authority to rule on the substantive question of whether it is fundamentally unfair for the Government to institute a criminal prosecution in the …

Bousley v. U.S., No. 96-8516 (U.S. Supreme Court) (523 U.S. 614; 118 S.Ct. 1604) (May 18, 1998) (Justice Rehnquist)

Article • May 13, 2003

Filed under: Punch And Jurists, Procedural Default/Error

Bousley v. U.S., No. 96-8516 (U.S. Supreme Court) (523 U.S. 614; 118 S.Ct. 1604) (May 18, 1998) (Justice Rehnquist) by Here the Court held that a petitioner who has procedurally defaulted a Bailey-type claim by failing to raise it on direct appeal can raise it on collateral review by showing …

Massaro v. U.S., No. 01-1559 (U.S. Supreme Court) (538 U.S. 500; 123 S.Ct. 1690) (April 23, 2003) (Justice Kennedy)

Article • March 1, 2003 • from P&J March, 2003

Filed under: Punch And Jurists, Procedural Default/Error

Massaro v. U.S., No. 01-1559 (U.S. Supreme Court) (538 U.S. 500; 123 S.Ct. 1690) (April 23, 2003) (Justice Kennedy) by Here the Court unanimously held that an ineffective-assistance-of-counsel claim may be brought in a collateral proceeding under 28 U.S.C. § 2255, whether or not the petitioner had first raised that …

Ellis v. U.S., No. 01-2055 (1st Cir.) (313 F.3d 636) (December 20, 2002) (Judge Bruce M. Selya)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Law of the Case

Ellis v. U.S., No. 01-2055 (1st Cir.) (313 F.3d 636) (December 20, 2002) (Judge Bruce M. Selya) by The pro se petitioner in this case sought to vacate his sentence on five grounds, including judicial bias. The trial judge denied relief on four grounds but recused himself on a judicial …

U.S. v. Baymon, No. 01-60879 (5th Cir.) (312 F.3d 725) (November 15, 2002) (Judge Harold R. Jr. DeMoss)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Baymon, No. 01-60879 (5th Cir.) (312 F.3d 725) (November 15, 2002) (Judge Harold R. Jr. DeMoss) by The defendant in this case pled guilty to two counts of being a public official who accepted a thing of value in return for introducing prohibited contraband into a federal prison …

Luce v. U.S., No. 83-912 (U.S. Supreme Court) (469 U.S. 38; 105 S.Ct. 460) (December 10, 1984) (Justice Burger)

Article • November 24, 2002

Filed under: Punch And Jurists, Appealable Issues/Orders

Luce v. U.S., No. 83-912 (U.S. Supreme Court) (469 U.S. 38; 105 S.Ct. 460) (December 10, 1984) (Justice Burger) by In this case the Supreme Court granted certiorari to resolve a conflict among the Circuits as to whether the defendant, who did not testify at trial, is entitled to review …

U.S. v. White, No. 00-11392 (5th Cir.) (307 F.3d 336) (September 23, 2002) (Judge Will L. Garwood)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. White, No. 00-11392 (5th Cir.) (307 F.3d 336) (September 23, 2002) (Judge Will L. Garwood) by This case is noted for it review of an important question: does a waiver of appeal provision in a plea agreement automatically bar a subsequent claim based on ineffective assistance of counsel. …

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Law of the Case

U.S. v. Matthews, No. 01-50440 (5th Cir.) (312 F.3d 652) (November 12, 2002) (Judge Jerry E. Smith) by Here the Court presented a lengthy dissertation on the "law of the case" doctrine - which posits that ordinarily "an issue of fact or law decided on appeal may not be reexamined …

U.S. v. Sines, No. 01-3376 (7th Cir.) (303 F.3d 793) (September 12, 2002) (Judge Ilana Diamond Rovner)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Sines, No. 01-3376 (7th Cir.) (303 F.3d 793) (September 12, 2002) (Judge Ilana Diamond Rovner) by A defendant convicted of bank and mail fraud deemed to have waived the right to appeal imposition of a sex offender treatment program as a special condition of supervised release because his …

U.S. v. Longoria, No. 00-50405 (5th Cir.) (298 F.3d 367) (July 12, 2002) (Per Curiam)

Article • September 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Longoria, No. 00-50405 (5th Cir.) (298 F.3d 367) (July 12, 2002) (Per Curiam) by Here the en banc Court held that the failure to charge drug quantity in an indictment is not jurisdictional in nature and that, in determining whether there is reversible error, it is proper for …

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Preservation of Appellate Rights/Issues

U.S. v. Gallant, No. 01-2679 (1st Cir.) (306 F.3d 1181) (October 15, 2002) (Judge Sandra L. Lynch) by The principal issue in this appeal was whether the defendant had forfeited his right to object to the district court’s refusal at sentencing to grant him an additional one-level downward adjustment for …

Newton v. Rumery, No. 85-1449 (U.S. Supreme Court) (480 U.S. 386; 107 S.Ct. 186) (March 9, 1987) (Justice Powell)

Article • August 8, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

Newton v. Rumery, No. 85-1449 (U.S. Supreme Court) (480 U.S. 386; 107 S.Ct. 186) (March 9, 1987) (Justice Powell) by Here the Court reversed a First Circuit ruling that had adopted a rule that agreements under which a criminal defendant released his rights to file an action under § 1983 …

U.S. v. Sykes, No. 00-5377 (6th Cir.) (292 F.3d 495) (June 6, 2002) (Judge Danny J. Boggs)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Sykes, No. 00-5377 (6th Cir.) (292 F.3d 495) (June 6, 2002) (Judge Danny J. Boggs) by

U.S. v. Whitlow, No. 01-3999 (7th Cir.) (287 F.3d 638) (April 25, 2002) (Judge Frank H. Easterbrook)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Whitlow, No. 01-3999 (7th Cir.) (287 F.3d 638) (April 25, 2002) (Judge Frank H. Easterbrook) by In this case the Seventh Circuit put its seal of approval on a new weapon of vindictiveness in the Government’s continuing battle to reduce, if not eliminate, the number of appeals in …

Reese v. Baldwin, No. 01-35153 (9th Cir.) (282 F.3d 1184) (March 12, 2002) (Judge Ronald M. Gould)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Procedural Default/Error

Reese v. Baldwin, No. 01-35153 (9th Cir.) (282 F.3d 1184) (March 12, 2002) (Judge Ronald M. Gould) by Petitioner filed a petition for a writ of habeas corpus, challenging his conviction for kidnapping and attempted sodomy. The United States District Court for the District of Oregon dismissed the petition, finding …

Lee v. Kemna, No. 00-6933 (U.S. Supreme Court) (534 U.S. 362; 122 S.Ct. 877) (January 22, 2002) (Justice Ginsburg)

Article • January 1, 2002 • from P&J January, 2002

Filed under: Punch And Jurists, Procedural Default/Error

Lee v. Kemna, No. 00-6933 (U.S. Supreme Court) (534 U.S. 362; 122 S.Ct. 877) (January 22, 2002) (Justice Ginsburg) by This habeas decision will probably not long be remembered for its holding: it was so fact-specific that it will have little, if any, precedential value. But the case will certainly …

U.S. v. Ardley, No. 98-7033 (11th Cir.) (273 F.3d 991) (November 20, 2001) (Judge R. Lanier III Anderson)

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

Filed under: Punch And Jurists, Procedural Default/Error

U.S. v. Ardley, No. 98-7033 (11th Cir.) (273 F.3d 991) (November 20, 2001) (Judge R. Lanier III Anderson) by This decision is noted for Judge Tjoflat’s highly persuasive dissent on the topic of the retroactive use of Apprendi on appeals. That dissent is particularly noteworthy because it eschews the common …

U.S. v. Hare, No. 00-3002 (7th Cir.) (269 F.3d 859) (October 22, 2001) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Hare, No. 00-3002 (7th Cir.) (269 F.3d 859) (October 22, 2001) (Judge Frank H. Easterbrook) by Although the Court quickly rejected the defendant's contention, this is the first case we have seen in which a defendant challenged a waiver of appeal provision in a plea agreement as void …

U.S. v. Khattak, No. 00-4169 (3rd Cir.) (273 F.3d 557) (December 6, 2001) (Judge Anthony J. Scirica)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Khattak, No. 00-4169 (3rd Cir.) (273 F.3d 557) (December 6, 2001) (Judge Anthony J. Scirica) by After the defendant in this case signed a standard appeal waiver provision as part of his plea agreement, he asked the Court, on aooeal, to declare that waiver-of-appeals provisions are void as …