Search | Punch and Jurists

U.S. v. Martinez-Salazar, No. 94-10158 (9th Cir.) (146 F.3d 653) (May 28, 1998) (Judge Michael Daly Hawkins)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Martinez-Salazar, No. 94-10158 (9th Cir.) (146 F.3d 653) (May 28, 1998) (Judge Michael Daly Hawkins) by In this decision, the Court relied upon the Supreme Court's ruling in Ross v. Oklahoma, 487 U.S. 81 (1998). In that case, the Court held that the loss of peremptory challenges is …

Caldwell v. Dubois, No. Civ.A. 95-30157-MAP (D.Mass.) (999 F.Supp. 199) (March 31, 1998) (Judge Michael A. Ponsor)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Batson Claims

Caldwell v. Dubois, No. Civ.A. 95-30157-MAP (D.Mass.) (999 F.Supp. 199) (March 31, 1998) (Judge Michael A. Ponsor) by This decision is one of those rare instances in which a conviction was overturned because the Court concluded that the prosecution's decision to exclude "at least two of the four black jurors …

Malone v. Vasquez, No. 96-1613 (8th Cir.) (138 F.3d 711) (February 26, 1998) (Judge Diana E. Murphy)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Batson Claims

Malone v. Vasquez, No. 96-1613 (8th Cir.) (138 F.3d 711) (February 26, 1998) (Judge Diana E. Murphy) by Case is noted for Judge Heaney's dissent in which he concluded that an all white jury that convicted a black defendant, with a tenth grade education, had been empaneled in violation of …

U.S. v. Stafford, No. 97-1542 (7th Cir.) (136 F.3d 1109) (February 3, 1998) (Judge Richard A. Posner)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Batson Claims

U.S. v. Stafford, No. 97-1542 (7th Cir.) (136 F.3d 1109) (February 3, 1998) (Judge Richard A. Posner) by This case is noted for one of those Snippets of Justice that speaks volumes about our criminal justice system - and particularly how the Government openly fears having the system judged by …

U.S. v. Love, No. 95-5760 (4th Cir.) (134 F.3d 595) (January 20, 1998) (Judge J. Harvie III Wilkinson)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Love, No. 95-5760 (4th Cir.) (134 F.3d 595) (January 20, 1998) (Judge J. Harvie III Wilkinson) by Here, although the Court joined with other Circuits in "encouraging strict adherence" to Fed.R.Crim.P. 24(c) dealing with the use of peremptory challenges, it held that the defendant had suffered no prejudice …

Tankleff v. Senkowski, No. 97-2116, No. 2063 (2nd Cir.) (135 F.3d 235) (January 12, 1998) (Judge Guido Calabresi)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Batson Claims

Tankleff v. Senkowski, No. 97-2116, No. 2063 (2nd Cir.) (135 F.3d 235) (January 12, 1998) (Judge Guido Calabresi) by This multi-issue habeas case is noted principally because of its affirmation of an important ruling on so- called Batson-challenges (see, Batson v. Kentucky, 476 U.S. 79 (1986) to race-related peremptory challenges …

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Batson Claims

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams) by The district court held, and the Court of Appeals ageed, that the striking of of six out of seven black venirepersons constituted a prima facie case of discrimination; but that case was …

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Underwood, No. 95-2155 (7th Cir.) (130 F.3d 1225) (November 21, 1997) (Per Curiam) by At first blush, this decision appears to be nothing more than a routine denial of an en banc rehearing of a previously reported case. In U.S. v. Underwood, 122 F.3d 389 (7th Cir. 1997) …

U.S. v. Underwood, No. 95-2155 (7th Cir.) (122 F.3d 389) (August 7, 1997) (Judge Jesse E. Eschbach)

Article • October 1, 1997 • from P&J October, 1997

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Underwood, No. 95-2155 (7th Cir.) (122 F.3d 389) (August 7, 1997) (Judge Jesse E. Eschbach) by In this case, the Seventh Circuit reversed four convictions because the district court's (Judge Alesia) standard procedures for allowing defendants to exercise their peremptory challenges were so confusing and so misleading that …

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam)

Article • February 1, 1997 • from P&J February, 1997

Filed under: Punch And Jurists, Batson Claims

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam) by Court held that Government's use or peremptory challenges did not violate the rules established by the Supreme Court in Batson v. Kentucky, 479 U.S. 79 (1986). This multi-issue appeal arose from a two-year long …

Mata v. Johnson, No. 96-20218 (5th Cir.) (99 F.3d 1261) (January 31, 1996) (Judge Jacques L. Jr. Wiener)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Batson Claims

Mata v. Johnson, No. 96-20218 (5th Cir.) (99 F.3d 1261) (January 31, 1996) (Judge Jacques L. Jr. Wiener) by This is another case that reviews the tightening noose on appeals in capital cases, particularly due to the provisions of the recent Antiterrorism and Effective Death Penalty Act (AEDPA). One of …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins) by In this decision, an en banc Court reconsiders and then reaffirms its long standing principle that automatic reversal of a conviction is required when a trial court erroneously deprives a criminal defendant …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins) by Here the en banc Ninth Circuit strongly affirmed its standing rule that a criminal defendant is automatically entitled to have his conviction vacated if the trial court erroneously deprives him of the …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (96 F.3d 1132) (September 23, 1996) (Judge Michael Daly Hawkins) by In this decision, an en banc Court reconsiders and then reaffirms its long standing principle that automatic reversal of a conviction is required when a trial court erroneously deprives a criminal defendant …

U.S. v. Taylor, No. 95-1318, No. 1130 (2nd Cir.) (92 F.3d 1313) (August 16, 1996) (Judge Wilfred Feinberg)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Taylor, No. 95-1318, No. 1130 (2nd Cir.) (92 F.3d 1313) (August 16, 1996) (Judge Wilfred Feinberg) by United States v. Taylor, 92 F.3d 1313 (2nd Cir. 1996) (Judge Feinberg) Coulter v. Gramley, 93 F.3d 394 (7th Cir. 1996) (Judge Wood) As our criminal justice system continues to polarize …

Coulter v. Gramley, No. 93-2621 (7th Cir.) (93 F.3d 394) (August 21, 1996) (Judge Diane P. Wood)

Article • September 1, 1996 • from P&J September, 1996

Filed under: Punch And Jurists, Peremptory Challenges

Coulter v. Gramley, No. 93-2621 (7th Cir.) (93 F.3d 394) (August 21, 1996) (Judge Diane P. Wood) by In reversing the defendant's conviction after the prosecution used peremptory challenges to exclude nine of ten Blacks from the jury, the Court held that even a single improper removal of a juror …

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (68 F.3d 279) (September 21, 1995) (Judge John T. Jr. Noonan)

Article • November 1, 1995

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (68 F.3d 279) (September 21, 1995) (Judge John T. Jr. Noonan) by Court held that improper denial of peremptory challenge was subject to harmless error rule.

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (68 F.3d 279) (September 21, 1995) (Judge John T. Jr. Noonan)

Article • November 1, 1995

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Annigoni, No. 94-50422 (9th Cir.) (68 F.3d 279) (September 21, 1995) (Judge John T. Jr. Noonan) by