Search | Punch and Jurists

U.S. v. Arnold, No. 93-4713 (11th Cir.) (117 F.3d 1308) (July 25, 1997) (Judge Joseph Woodrow Hatchett)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Arnold, No. 93-4713 (11th Cir.) (117 F.3d 1308) (July 25, 1997) (Judge Joseph Woodrow Hatchett) by Case held that the withholding of tapes of a defense witness's conversations, which contained impeachment evidence favorable to the defense, with an IRS agent violated the Brady rule.

U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins) by This is a powerful and disturbing decision by Judge Hawkins of South Carolina in which he dismissed with prejudice a series of indictments against a number of legislators due to egregious prosecutorial misconduct …

U.S. v. Martinez, No. 96-40483 (5th Cir.) (106 F.3d 620) (February 13, 1997) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Martinez, No. 96-40483 (5th Cir.) (106 F.3d 620) (February 13, 1997) (Judge Patrick E. Higginbotham) by In this case the defendant falsely identified himself as his brother at a preliminary hearing in order to conceal his criminal record. He later pled guilty to a perjury charge and the …

U.S. v. Omar, No. 95-1271 (1st Cir.) (104 F.3d 519) (January 23, 1998) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony

U.S. v. Omar, No. 95-1271 (1st Cir.) (104 F.3d 519) (January 23, 1998) (Judge Michael Boudin) by Case held that grand jury testimony of witness who had died prior to trial was not admissible under Rule 804(b)(1) as "former testimony". Here the Court observed: "Turning to Rule 804(b)(1), we think …

U.S. v. Holguin, No. 3:95cr136 (DJS) (D.Conn.) (946 F.Supp. 157) (October 1, 1996) (Judge Dominic C. Squatrito)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Holguin, No. 3:95cr136 (DJS) (D.Conn.) (946 F.Supp. 157) (October 1, 1996) (Judge Dominic C. Squatrito) by This is one of those rare cases in which a court granted a defense motion to produce a confidential informant for an in camera examination by the judge to determine whether disclosure …

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson) by This is one of those rare Brady violation cases in which the Court vacated a conviction and ordered a new trial because the Government withheld material evidence that its key witness was …

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Steinberg, No. 94-50542 (9th Cir.) (99 F.3d 1486) (October 30, 1996) (Judge Thomas G. Nelson) by This is one of those rare Brady violation cases in which the Court vacated a conviction and ordered a new trial because the Government withheld material evidence that its key witness was …

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Evidence - Failure to Disclose

U.S. v. Lanoue, No. 95-1140 (1st Cir.) (71 F.3d 966) (December 15, 1995) (Judge Hugh H. Bownes) by This is multi-issue case is noteworthy for its surprising and strong discussion of the use of conduct relating to acquitted crimes to increase a defendant's sentence. The Court observed: "We believe that …

U.S. v. Heater, No. 94-5202 (4th Cir.) (63 F.3d 311) (August 16, 1995) (Judge Sam J. III Ervin)

Article • October 1, 1995

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Heater, No. 94-5202 (4th Cir.) (63 F.3d 311) (August 16, 1995) (Judge Sam J. III Ervin) by Case held that 1993 amendment eliminated the distinction between those who commit perjury to protect themselves from prosecution and those who commit perjury solely to assist another.

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse)

Article • October 1, 1995

Filed under: Punch And Jurists, Constructive/Imputed/Presumed knowledge

U.S. v. Payne, No. 94-1613 (2nd Cir.) (63 F.3d 1200) (August 23, 1995) (Judge Amalya Lyle Kearse) by Among other rulings, the Court affirmed that a prosecutor cannot hide behind the defense that he personally was unaware of the suppressed evidence. "The individual prosecutor is presumed to have knowledge of …

U.S. v. Catano-Alzate, No. 94-1495(L) (2nd Cir.) (62 F.3d 41) (July 21, 1995) (Per Curiam)

Article • September 1, 1995

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Catano-Alzate, No. 94-1495(L) (2nd Cir.) (62 F.3d 41) (July 21, 1995) (Per Curiam) by United States v. Catano-Alzate, 62 F.3d 41 (2nd Cir. 1995) United States v. Zajac, 62 F.3d 145 (6th Cir. 1995) Here are two cases which deal with the rules applicable to an "obstruction of …

U.S. v. Duke, No. 93-3711 (8th Cir.) (50 F.3d 571) (March 20, 1995) (Judge Theodore McMillian)

Article • January 1, 1995

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Duke, No. 93-3711 (8th Cir.) (50 F.3d 571) (March 20, 1995) (Judge Theodore McMillian) by Here the Court held that the perjured testimony of notorious DEA agent Andrew Chambers was not enough to grant a new trial because it was not reasonably likely to have affected the jury's …

U.S. v. Sanchez, No. 91 CR 90 (JSM) (S.D.N.Y.) (813 F.Supp. 90) (February 10, 1993) (Judge John S. Jr. Martin)

Article • January 1, 1994

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Sanchez, No. 91 CR 90 (JSM) (S.D.N.Y.) (813 F.Supp. 90) (February 10, 1993) (Judge John S. Jr. Martin) by Judge Martin started his opinion with these strong words: "I can think of few things more threatening to the liberty of our citizens than to have a court system …

U.S. v. Ransom, No. 92-50102 (9th Cir.) (1993 WL 100158) (April 6, 1993) (Per Curiam)

Article • January 1, 1994

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Ransom, No. 92-50102 (9th Cir.) (1993 WL 100158) (April 6, 1993) (Per Curiam) by Here the Court held that the district court did not err in refusing to grant a new trial despite the defendant's proof that the notorious DEA agent Andrew Chambers had perjured himself at the …

U.S. v. Wallach, No. 89-1544 (2nd Cir.) (935 F.2d 445) (May 31, 1991) (Judge Thomas J. Meskill)

Article • January 1, 1994

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Wallach, No. 89-1544 (2nd Cir.) (935 F.2d 445) (May 31, 1991) (Judge Thomas J. Meskill) by Case held that where Govt. was unaware of witness' perjury, new trial is warranted only if the testimony was material and court is convinced that, but for such testimony, the defendant would …

U.S. v. Chaplin, No. 93-2942 (7th Cir.) (25 F.3d 1373) (June 6, 1994) (Judge Kenneth F. Ripple)

Article • January 1, 1994

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Chaplin, No. 93-2942 (7th Cir.) (25 F.3d 1373) (June 6, 1994) (Judge Kenneth F. Ripple) by This case is noted for its discussion of the common law "two witness" rule which developed in England in the seventeenth century and which applied to crimes of perjury. Under that rule, …