Search | Punch and Jurists

U.S. v. Pena, No. 99-1572 (2nd Cir.) (227 F.3d 23) (September 28, 2000) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Pretrial Services Report

U.S. v. Pena, No. 99-1572 (2nd Cir.) (227 F.3d 23) (September 28, 2000) (Judge Sonia Sotomayor) by This case deals with an issue frequently faced by defense counsel, namely when, and under what circumstances, can a defendant obtain copies of pretrial service reports and presentence reports that pertain to a …

U.S. v. Raddatz, No. 79-8 (U.S. Supreme Court) (447 U.S. 667; 100 S.Ct. 2406) (June 23, 1980) (Justice Burger)

Article • June 29, 2000

Filed under: Punch And Jurists, Informer's Privilege

U.S. v. Raddatz, No. 79-8 (U.S. Supreme Court) (447 U.S. 667; 100 S.Ct. 2406) (June 23, 1980) (Justice Burger) by While the Supreme Court has never considered a case where a district judge rejected a credibility finding of a magistrate judge without hearing the witness whose testimony was disputed or …

U.S. v. Johnson, No. 99-1414 (7th Cir.) (200 F.3d 529) (January 13, 2000) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Johnson, No. 99-1414 (7th Cir.) (200 F.3d 529) (January 13, 2000) (Judge Daniel A. Manion) by Here, although the court ultimately found the defendant had waived his claims of Jencks Act (18 USC § 3500) violations, the case is noted for its thorough review of the scope of …

Palermo v. U.S., No. 471 (U.S. Supreme Court) (360 U.S. 343; 79 S.Ct. 1217) (June 22, 2059) (Justice Frankfurter)

Article • December 7, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Palermo v. U.S., No. 471 (U.S. Supreme Court) (360 U.S. 343; 79 S.Ct. 1217) (June 22, 2059) (Justice Frankfurter) by In his concurring opinion, Justice Brennan stated: "Congress had no thought to invade the traditional discretion of trial judges in evidentiary matters beyond checking extravagant interpretations of our decision in …

Spicer v. Roxbury Correctional Institute, No. 99-6119 (4th Cir.) (194 F.3d 547) (October 18, 1999) (Judge J. Harvie III Wilkinson)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Spicer v. Roxbury Correctional Institute, No. 99-6119 (4th Cir.) (194 F.3d 547) (October 18, 1999) (Judge J. Harvie III Wilkinson) by In this case the Fourth Circuit held that a state prosecutor failed to fulfill his duty under Brady v. Maryland, 373 U.S. 83 (1963), when he failed to inform …

Reasonover v. Washington, No. 4:96CV1477 JCH (E.D.Mo.) (60 F.Supp.2d 937) (August 2, 1999) (Judge Jean C. Hamilton)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Reasonover v. Washington, No. 4:96CV1477 JCH (E.D.Mo.) (60 F.Supp.2d 937) (August 2, 1999) (Judge Jean C. Hamilton) by Here the Court held that evidence of leniency arrangements between the Government and each of two witnesses who testified was required to be disclosed; and the concealment of evidence denied the defendant …

U.S. v. Volpe, No. CR 98-196(S-3) (E.D.N.Y.) (62 F.Supp.2d 887) (July 28, 1999) (Judge Eugene H. Nickerson)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Volpe, No. CR 98-196(S-3) (E.D.N.Y.) (62 F.Supp.2d 887) (July 28, 1999) (Judge Eugene H. Nickerson) by In this high-profile case, the defendant, police officer Charles Schwarz, was found guilty of conspiring to violate, and violating the civil rights of Abner Louima by assaulting him in the bathroom of …

In Re Sealed Case No. 99-3096 (Brady Obligations), No. 99-3096 (D.C. Cir.) (185 F.3d 887) (July 21, 1999) (Judge Merrick B. Garland)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

In Re Sealed Case No. 99-3096 (Brady Obligations), No. 99-3096 (D.C. Cir.) (185 F.3d 887) (July 21, 1999) (Judge Merrick B. Garland) by Thirty six years ago, in Brady v. Maryland, 373 U.S. 83, 87 (1963), the Supreme Court held that the Due Process Clause imposes upon the prosecution a …

U.S. v. Riley, No. 98-50399 (9th Cir.) (189 F.3d 802) (August 25, 1999) (Judge Pamela Ann Rymer)

Article • August 1, 1999 • from P&J August, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Riley, No. 98-50399 (9th Cir.) (189 F.3d 802) (August 25, 1999) (Judge Pamela Ann Rymer) by United States v. Riley, 189 F.3d 802 (9th Cir. 1999) (Judge Rymer) United States v. Nuñez, 180 F.3d 227 (5th Cir. 1999) (Judge Smith) These two cases are noted as successful examples …

Strickler v. Greene, No. 98-5864 (U.S. Supreme Court) (527 U.S. 263; 119 S.Ct. 1936) (June 17, 1999) (Justice Stevens)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Strickler v. Greene, No. 98-5864 (U.S. Supreme Court) (527 U.S. 263; 119 S.Ct. 1936) (June 17, 1999) (Justice Stevens) by Here the Court affirmed a death sentence, despite numerous and blatant Brady violations, because the petitioner failed to prove that the verdict and sentencing would have been different had those …

U.S. v. Ramirez, No. 97-11208 (5th Cir.) (174 F.3d 584) (May 3, 1999) (Judge John M. Jr. Duhé)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Ramirez, No. 97-11208 (5th Cir.) (174 F.3d 584) (May 3, 1999) (Judge John M. Jr. Duhé) by This is an interesting Jencks Act (18 U.S.C. § 3500) decision that contains some surprisingly sweeping statements about the scope of the Act and the remedies that are available when the …

U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (175 F.3d 48) (April 20, 1999) (Judge Juan R. Torruella)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (175 F.3d 48) (April 20, 1999) (Judge Juan R. Torruella) by In its decision, the Court stated: "The Jencks Act requires the government to provide, upon request, any prior statements of government witnesses that relate to the subject matter of the witnesses' testimony. …

U.S. v. Scheer, No. 96-4225 (11th Cir.) (168 F.3d 445) (February 25, 1999) (Judge Stanley F. Jr. Birch)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Exculpatory Evidence - Disclosure Obligations

U.S. v. Scheer, No. 96-4225 (11th Cir.) (168 F.3d 445) (February 25, 1999) (Judge Stanley F. Jr. Birch) by This is not your average case of outrageous prosecutorial misconduct. It has at least four features that make it stand out as a significant case in American jurisprudence. First, A.U.S.A. Lothar …

U.S. v. Sudikoff, No. CR-97-1176 (C.D.Cal.) (36 F.Supp.2d 1196) (March 2, 1999) (Judge Dean D. Pregerson)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Sudikoff, No. CR-97-1176 (C.D.Cal.) (36 F.Supp.2d 1196) (March 2, 1999) (Judge Dean D. Pregerson) by With the demise of Singleton-type arguments, defense counsel must once again use the old-fashioned methods to attack the credibility of accomplice and informant witnesses. This is a significant case which teaches an important …

U.S. v. Ham, No. Crim. 3:97cr191(AWT) (D.Conn.) (29 F.Supp.2d 67) (September 2, 1998) (Judge Alvin W. Thompson)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Informer's Privilege

U.S. v. Ham, No. Crim. 3:97cr191(AWT) (D.Conn.) (29 F.Supp.2d 67) (September 2, 1998) (Judge Alvin W. Thompson) by The Court held that the defendant met his burden of proving that in the absence of the requested disclosure he would be denied a fair trial. Here Judge Thompson held that the …

Strickler v. Pruett, No. 97-29 (4th Cir.) (1998 WL 340420) (June 17, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Strickler v. Pruett, No. 97-29 (4th Cir.) (1998 WL 340420) (June 17, 1998) (Per Curiam) by See the subsequent Supreme Court affirmation of this ruling, albeit on somewhat different grounds, in Strickler v. Greene, decided 6/17/99. Here the 4th Circuit held that despite the Government's withholding of material exculpatory materials, …

U.S. v. Shea, No. 97-1069 (1st Cir.) (150 F.3d 44) (July 24, 1998) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Shea, No. 97-1069 (1st Cir.) (150 F.3d 44) (July 24, 1998) (Judge Juan R. Torruella) by Here the Court held that the Brady disclosure requirements did not entitle the defendant to discovery of money or rewards provided to Federal agents, since defendant failed to show how that information …

U.S. v. Orena, No. 97-1174 (2nd Cir.) (145 F.3d 551) (June 3, 1998) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Orena, No. 97-1174 (2nd Cir.) (145 F.3d 551) (June 3, 1998) (Judge Jose A. Cabranes) by Case reversed district court decision granting a new trial based on Government's failure to disclose exculpatory evidence about a key witness on grounds of materiality and speculative inferences. This is one of …

U.S. v. Orena, No. 97-1174 (2nd Cir.) (145 F.3d 551) (June 3, 1998) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Orena, No. 97-1174 (2nd Cir.) (145 F.3d 551) (June 3, 1998) (Judge Jose A. Cabranes) by This is one of those intriguing Brady violation cases that never really had a chance of succeeding. It involved high-profile organized crime figures, secret informants planted deep within their organizations, and allegations …

U.S. v. Pelullo, No. Crim. 91-00060 (E.D.Pa.) (6 F.Supp.2d 403) (June 9, 1998) (Judge Robert F. Kelly)

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

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

U.S. v. Pelullo, No. Crim. 91-00060 (E.D.Pa.) (6 F.Supp.2d 403) (June 9, 1998) (Judge Robert F. Kelly) by Court concluded that the defendant would have testified at his first trial even if withheld Brady material had been produced, so the testimony at the first trial was not tainted by a …