Search | Punch and Jurists

Berkey v. U.S., No. 01-4325 (7th Cir.) (318 F.3d 768) (February 10, 2003) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Strickland Standard

Berkey v. U.S., No. 01-4325 (7th Cir.) (318 F.3d 768) (February 10, 2003) (Judge William J. Bauer) by On the positive side of this case, the petitioner, Theodore Berkey, will at least have a few small consolations to muse about as he spends the next 30 years of his life …

U.S. v. Price, No. CR. 99-348(TPJ) (D.D.C.) (237 F.Supp.2d 1) (December 17, 2002) (Judge Thomas Penfield Jackson)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Price, No. CR. 99-348(TPJ) (D.D.C.) (237 F.Supp.2d 1) (December 17, 2002) (Judge Thomas Penfield Jackson) by

Gentry v. Roe, No. 00-55691 (9th Cir.) (320 F.3d 891) (January 28, 2003) (Judge Jerome Farris)

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

Filed under: Punch And Jurists, Strickland Standard

Gentry v. Roe, No. 00-55691 (9th Cir.) (320 F.3d 891) (January 28, 2003) (Judge Jerome Farris) by The petitioner in this case, Lionel Gentry, was convicted of murder in Califirnia. After his conviction was affirmed by the state courts, he filed for a writ of habeas corpus in the Federal …

U.S. v. Gore, No. 01-51131 (5th Cir.) (298 F.3d 322) (July 10, 2002) (Judge Jerry E. Smith)

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

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

U.S. v. Gore, No. 01-51131 (5th Cir.) (298 F.3d 322) (July 10, 2002) (Judge Jerry E. Smith) by In this case, the Court held that the district court's failure "to state in open court" (as required by 18 U.S.C. § 3553(c)) it reasons for imposing a 7-level upward departure (to …

Wood v. Georgia, No. 79-6027 (U.S. Supreme Court) (450 U.S. 261; 101 S.Ct. 1097) (March 4, 1981) (Justice Powell)

Article • August 22, 2002

Filed under: Punch And Jurists, Conflict of Interest

Wood v. Georgia, No. 79-6027 (U.S. Supreme Court) (450 U.S. 261; 101 S.Ct. 1097) (March 4, 1981) (Justice Powell) by The principal thrust of this probation violation case was an attorney conflict of interest issue and the Court held that the Sixth Amendment carries a correlative right to representation that …

Glasser v. U.S., No. 30 (U.S. Supreme Court) (315 U.S. 60; 62 S.Ct. 457) (January 19, 2042) (Justice Murphy)

Article • August 21, 2002

Filed under: Punch And Jurists, Conflict of Interest

Glasser v. U.S., No. 30 (U.S. Supreme Court) (315 U.S. 60; 62 S.Ct. 457) (January 19, 2042) (Justice Murphy) by The petitioners in this case challenged their criminal convictions for conspiracy to defraud the United States under 18 U.S.C.S. § 88 by accepting payoffs in exchange for dismissing criminal charges …

Duke v. Cockrell, No. 01-10232 (5th Cir.) (292 F.3d 414) (May 21, 2002) (Per Curiam)

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

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

Duke v. Cockrell, No. 01-10232 (5th Cir.) (292 F.3d 414) (May 21, 2002) (Per Curiam) by Here the Court held that a defendant who pled nolo contendere to a sexual assault charge was not required to be told that he would have to admit his guilt as part of a …

U.S. v. Reyes, No. 01-50737 (5th Cir.) (300 F.3d 555) (July 25, 2002) (Judge Carl E. Stewart)

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

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

U.S. v. Reyes, No. 01-50737 (5th Cir.) (300 F.3d 555) (July 25, 2002) (Judge Carl E. Stewart) by This case initially caught our eye because it involved the imposition of a 151-month sentence on a 76-year old man who pled guilty to importing 110 bundles of marijuana (weighing 78 kilos) …

Strickland v. Washington, No. 82-1554 (U.S. Supreme Court) (466 U.S. 668; 104 S.Ct. 2052) (May 14, 1984) (Justice O'Connor)

Article • June 16, 2002

Filed under: Punch And Jurists, Strickland Standard

Strickland v. Washington, No. 82-1554 (U.S. Supreme Court) (466 U.S. 668; 104 S.Ct. 2052) (May 14, 1984) (Justice O'Connor) by This case established the standards for determining when ineffective assistance of counsel occurs by creating a two-part test: whether counsel's performance was deficient and whether that deficient performance prejudiced the …

Wiggins v. Corcoran, No. 01-23 (4th Cir.) (288 F.3d 629) (May 2, 2002) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Failure to Consult/Investigate/Raise

Wiggins v. Corcoran, No. 01-23 (4th Cir.) (288 F.3d 629) (May 2, 2002) (Judge H. Emory Jr. Widener) by The defendant in this case was convicted in state court, following a bench trial, of murder, robbery, and theft. A jury then sentenced defendant to death. The judgment and conviction were …

Valletto v. U.S., No. Civ. No. 00-4632 (JEI) (D.N.J.) (195 F.Supp.2d 643) (March 28, 2002) (Judge Joseph E. Irenas)

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

Filed under: Punch And Jurists, Strickland Standard

Valletto v. U.S., No. Civ. No. 00-4632 (JEI) (D.N.J.) (195 F.Supp.2d 643) (March 28, 2002) (Judge Joseph E. Irenas) by

Gonzalez v. Phillips, No. 98-CV-75600 (E.D.Mich.) (195 F.Supp.2d 893) (December 21, 2001) (Judge Arthur Tarnow)

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

Filed under: Punch And Jurists, Strickland Standard

Gonzalez v. Phillips, No. 98-CV-75600 (E.D.Mich.) (195 F.Supp.2d 893) (December 21, 2001) (Judge Arthur Tarnow) by Reversing a decision of the Michigan Court of Appeals, the Court held that the failure of petitioner's counsel to request an interpreter for the petitioner at trial constituted ineffective assistance of counsel that prejudiced …

U.S. v. Akintomide, No. CRIM.97-263(RMU) (D.D.C.) (185 F.Supp.2d 1) (April 17, 2001) (Judge Ricardo M. Urbina)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Akintomide, No. CRIM.97-263(RMU) (D.D.C.) (185 F.Supp.2d 1) (April 17, 2001) (Judge Ricardo M. Urbina) by Here the Court vacated a sentence after concluding that defense counsel's failure to move for a mitigating role sentence reduction under USSG § 3B1.2 constituted a "drastic misstep" that fell below the required …

Holloway v. Arkansas, No. 76-5856 (U.S. Supreme Court) (435 U.S. 475; 98 S.Ct. 1173) (April 3, 1978) (Justice Burger)

Article • March 27, 2002

Filed under: Punch And Jurists, Conflict of Interest

Holloway v. Arkansas, No. 76-5856 (U.S. Supreme Court) (435 U.S. 475; 98 S.Ct. 1173) (April 3, 1978) (Justice Burger) by Here the Court held that reversal of convictions is required where the trial court failed to discharge its duty to inquire into a known potential conflict of interest with attorneys …

Cuyler v. Sullivan, No. 78-1832 (U.S. Supreme Court) (446 U.S. 335; 100 S.Ct. 1708) (May 12, 1980) (Justice Powell)

Article • March 27, 2002

Filed under: Punch And Jurists, Conflict of Interest

Cuyler v. Sullivan, No. 78-1832 (U.S. Supreme Court) (446 U.S. 335; 100 S.Ct. 1708) (May 12, 1980) (Justice Powell) by Case held that counsel is ineffective if her or she "actually represented conflicting interests" or an actual conflict of interest adversely affected the lawyer's performance. (Id., at 350). In this …

McKaskle v. Wiggins, No. 82-1135 (U.S. Supreme Court) (465 U.S. 168; 104 S.Ct. 944) (January 23, 1984) (Justice O'Connor)

Article • March 16, 2002

Filed under: Punch And Jurists, Pro Se Issues

McKaskle v. Wiggins, No. 82-1135 (U.S. Supreme Court) (465 U.S. 168; 104 S.Ct. 944) (January 23, 1984) (Justice O'Connor) by In this case the Court addressed the scope of one's right to conduct his own defense and, in expanding on its decision in Faretta v. California, it held that the …

U.S. v. Stewart, No. CRIM. 01-062-P-C (D.Me.) (182 F.Supp.2d 97) (February 18, 2002) (Judge Gene Carter)

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

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Stewart, No. CRIM. 01-062-P-C (D.Me.) (182 F.Supp.2d 97) (February 18, 2002) (Judge Gene Carter) by We have always found it a bit fascinating to watch how the courts deal with fee disputes between an attorney and his client. Not only do they love to pretend that such conflicts …

Mickens v. Taylor, No. 00-9285 (U.S. Supreme Court) (535 U.S. 162; 122 S.Ct. 1237) (March 27, 2002) (Justice Scalia)

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

Filed under: Punch And Jurists, Conflict of Interest

Mickens v. Taylor, No. 00-9285 (U.S. Supreme Court) (535 U.S. 162; 122 S.Ct. 1237) (March 27, 2002) (Justice Scalia) by The petitioner in this case, Walter Mickens, was convicted in Virginia in 1993 of the killing and sexual assault of a 17-year old male victim who had been stabbed 143 …

Hill v. Braxton, No. 00-7408 (4th Cir.) (277 F.3d 701) (January 14, 2002) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Pro Se Issues

Hill v. Braxton, No. 00-7408 (4th Cir.) (277 F.3d 701) (January 14, 2002) (Judge William B. Jr. Traxler) by In this case, the petitioner, a state prisoner acting pro se, sought relief from his convictions and sentences for rape and malicious wounding under 28 U.S.C. § 2254. The District Court, …

U.S. v. Farmer, No. 00-4580 (4th Cir.) (274 F.3d 800) (December 12, 2001) (Judge J. Harvie III Wilkinson)

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

Filed under: Punch And Jurists, Pre-Trial Restraint of Assets

U.S. v. Farmer, No. 00-4580 (4th Cir.) (274 F.3d 800) (December 12, 2001) (Judge J. Harvie III Wilkinson) by In July, 1998, U.S. Customs Agents obtained warrants to search the residence and warehouse of William Farmer, who was not yet a defendant in any criminal proceedings, based on a showing …