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U.S. v. Arena, No. 00 Cr. 398 (JFK) (S.D.N.Y.) (2001 U.S. Dist. LEXIS 17522) (October 29, 2001) (Judge John F. Keenan)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Arena, No. 00 Cr. 398 (JFK) (S.D.N.Y.) (2001 U.S. Dist. LEXIS 17522) (October 29, 2001) (Judge John F. Keenan) by Here the Court held hat a defendant may be medicated with anti-psychotic drugs to ensure his competency to stand trial, even though the defense announced its intention to …

Riggins v. Nevada, No. 90-8466 (U.S. Supreme Court) (504 U.S. 127; 112 S.Ct. 1810) (May 18, 1992) (Justice O'Connor)

Article • July 31, 2001

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Riggins v. Nevada, No. 90-8466 (U.S. Supreme Court) (504 U.S. 127; 112 S.Ct. 1810) (May 18, 1992) (Justice O'Connor) by In this case the Supreme Court addressed a claim by a pretrial detainee on direct appeal from his convictions that his right to a fair trial was denied under the …

Avery v. Alabama, No. 124 (U.S. Supreme Court) (308 U.S. 444; 60 S.Ct. 321) (January 2, 2040) (Justice Black)

Article • July 10, 2001

Filed under: Punch And Jurists, Effective Assistance of Counsel

Avery v. Alabama, No. 124 (U.S. Supreme Court) (308 U.S. 444; 60 S.Ct. 321) (January 2, 2040) (Justice Black) by Here the Court held that counsel was not presumed ineffective when given only 3 days to prepare for a capital case because the needed witnesses and evidence easily were accessible …

U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Weston, No. 01-3027 (D.C. Cir.) (255 F.3d 873) (July 27, 2001) (Judge A. Raymond Randolph) by Here the Court approved the forced use of antipsychotic drugs on a pretrial detainee who has been accused of killing two policemen in an attempt to make him competent to stand trial …

U.S. v. Basalo, No. 00-10457 (9th Cir.) (258 F.3d 945) (August 2, 2001) (Judge J. Clifford Wallace)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Basalo, No. 00-10457 (9th Cir.) (258 F.3d 945) (August 2, 2001) (Judge J. Clifford Wallace) by In this case, the Ninth Circuit rejected as improper an eight-level downward departure that had been granted by District Judge Walker of the N.D.Cal. to a defendant in a drug case on …

U.S. v. Weston, No. Crim. A. 98-357(EGS) (D.D.C.) (134 F.Supp.2d 115) (March 6, 2001) (Judge Emmet G. Sullivan)

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

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Weston, No. Crim. A. 98-357(EGS) (D.D.C.) (134 F.Supp.2d 115) (March 6, 2001) (Judge Emmet G. Sullivan) by In this continuing saga of a mentally unbalanced pre-trial defendant accused of killing Capitol Police, the Court ordered his forced medication with antipsychotic medication as medically appropriate to enable him to …

U.S. v. U.S. Currency in the Amount of $119,984, No. CV-99-1978 (CPS) (E.D.N.Y.) (129 F.Supp.2d 471) (January 17, 2001) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists, Collateral Estoppel

U.S. v. U.S. Currency in the Amount of $119,984, No. CV-99-1978 (CPS) (E.D.N.Y.) (129 F.Supp.2d 471) (January 17, 2001) (Judge Charles P. Sifton) by In this case the Government filed a civil forfeiture action to recover money that the claimant, Cesar Castro, had attempted to take out of the country …

U.S. v. Basalo, No. CR-96-0074-VRW (N.D.Cal.) (109 F.Supp.2d 1219) (August 29, 2000) (Judge Vaughn R. Walker)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Basalo, No. CR-96-0074-VRW (N.D.Cal.) (109 F.Supp.2d 1219) (August 29, 2000) (Judge Vaughn R. Walker) by Here the Court approved a significant eight-level departure to a defendant convicted of drug crimes in part due to the failure of the Government to disclose potential impeachment material and in part due …

U.S. v. Duran-Benitez, No. 97-CR-974 (DGT) (E.D.N.Y.) (110 F.Supp.2d 133) (August 30, 2000) (Judge David G. Trager)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Duran-Benitez, No. 97-CR-974 (DGT) (E.D.N.Y.) (110 F.Supp.2d 133) (August 30, 2000) (Judge David G. Trager) by After the defendant in this drug case, Jaime Duran-Benitez (Duran) pled guilty to possession of heroin with intent to distribute, he sought a “significant” downward departure under U.S.S.G. § 5K2.0 on the …

Chandler v. U.S., No. 97-6365 (11th Cir.) (218 F.3d 1305) (July 21, 2000) (Judge James Larry Edmondson)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

Chandler v. U.S., No. 97-6365 (11th Cir.) (218 F.3d 1305) (July 21, 2000) (Judge James Larry Edmondson) by Here the en banc court engaged in a contentious debate about whether defense counsel was guilty of ineffective assistance of counsel based on his 24-hour investigation into the sentencing phase of the …

U.S. v. Carmichael, No. 99-1119 (2nd Cir.) (216 F.3d 224) (June 15, 2000) (Judge Ralph K. Jr. Winter)

Article • August 1, 2000 • from P&J August, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Carmichael, No. 99-1119 (2nd Cir.) (216 F.3d 224) (June 15, 2000) (Judge Ralph K. Jr. Winter) by Here the Second Circuit again affirmed its rule that ineffective assistance of counsel is not a proper basis for a downward departure at sentencing, and instead held that the issue should …

U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt) by Here the Court held that a defendant was not entitled to funds under 18 USC § 3006A(e)(1) to retain the services of a clinical psychologist to support a claim of diminished mental …

Satterwhite v. Texas, No. 86-6284 (U.S. Supreme Court) (486 U.S. 249; 108 S.Ct. 1792) (May 31, 1988) (Justice O'Connor)

Article • June 22, 2000

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Satterwhite v. Texas, No. 86-6284 (U.S. Supreme Court) (486 U.S. 249; 108 S.Ct. 1792) (May 31, 1988) (Justice O'Connor) by In this case the Court also held that a pervasive denial of counsel casts such doubt on the fairness of the trial process that it can never be considered harmless …

U.S. v. Corey, No. 98-1893 (1st Cir.) (207 F.3d 84) (March 28, 2000) (Judge Conrad K. Cyr)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Corey, No. 98-1893 (1st Cir.) (207 F.3d 84) (March 28, 2000) (Judge Conrad K. Cyr) by At issue in this appeal is the evidence offered by the prosecution to establish the interstate nexus prong of § 922(g)(1) -- "in or affecting commerce." Although the majority concluded that the …

Payne v. Tennessee, No. 90-5721 (U.S. Supreme Court) (501 U.S. 808; 111 S.Ct. 2597) (June 27, 1991) (Justice Rehnquist)

Article • April 3, 2000

Filed under: Punch And Jurists, Victim Impact Statement/Testimony

Payne v. Tennessee, No. 90-5721 (U.S. Supreme Court) (501 U.S. 808; 111 S.Ct. 2597) (June 27, 1991) (Justice Rehnquist) by Beginning in 1987, the Supreme Court addressed of victim impact statements in three cases. In first two, the Court barred the use at sentencing hearings of victim impact evidence relating …

U.S. v. Weston, No. 99-3119 (D.C. Cir.) (206 F.3d 9) (March 24, 2000) (Per Curiam)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

U.S. v. Weston, No. 99-3119 (D.C. Cir.) (206 F.3d 9) (March 24, 2000) (Per Curiam) by This case is noted for its extended discussion of the parameters under which the Bureau of Prisons may forcibly use antipsychotic drugs on a prisoner. Here, the defendant was charged with killing two police …

U.S. v. Fernandez, No. 98 CR 961 JSM (S.D.N.Y.) (2000 WL 534449) (May 3, 2000) (Judge John S. Jr. Martin)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Fernandez, No. 98 CR 961 JSM (S.D.N.Y.) (2000 WL 534449) (May 3, 2000) (Judge John S. Jr. Martin) by In his typical fashion, District Judge Martin of New York started this evocative decision with a bang. He wrote: “The adoption of the Sentencing Guidelines has substantially changed the …

Closs v. Weber, No. Civ. 99-4124 (D.S.D.) (87 F.Supp.2d 921) (December 23, 1999) (Judge Lawrence L. Piersol)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Antipsychotic Drugs/Forced Medication

Closs v. Weber, No. Civ. 99-4124 (D.S.D.) (87 F.Supp.2d 921) (December 23, 1999) (Judge Lawrence L. Piersol) by Here the Court held that the petitioner's due process rights were violated where his parole was revoked for exercising his right to refuse psychotropic medication which was ordered to be administered by …

U.S. v. Abreu, No. 99-1403 (1st Cir.) (202 F.3d 386) (January 31, 2000) (Judge Sandra L. Lynch)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Abreu, No. 99-1403 (1st Cir.) (202 F.3d 386) (January 31, 2000) (Judge Sandra L. Lynch) by In this case, the First Circuit acknowledged the often forgotten principle of the “fair treatment of indigents” in the criminal justice system. The Court addressed the question of whether ex parte hearings …

U.S. v. Robinson, No. 98 Cr. 167 (S.D.N.Y.) (2000 U.S. Dist LEXIS 694) (January 26, 2000) (Judge Denise Cote)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Expert Witnesses/Testimony

U.S. v. Robinson, No. 98 Cr. 167 (S.D.N.Y.) (2000 U.S. Dist LEXIS 694) (January 26, 2000) (Judge Denise Cote) by Court held that an expert witness presented by the government at trial can testify about characteristics of a particular type of fraudulent scheme but will not be allowed to testify …