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McCleskey v. Kemp, No. 84-6811 (U.S. Supreme Court) (481 U.S. 279; 107 S.Ct. 1756) (April 22, 1987) (Justice Powell)

Article • June 23, 2000

Filed under: Punch And Jurists, Bias/Discrimination

McCleskey v. Kemp, No. 84-6811 (U.S. Supreme Court) (481 U.S. 279; 107 S.Ct. 1756) (April 22, 1987) (Justice Powell) by In this landmark decision, the Supreme Court voted by five votes to four to deny the appeal of death row inmate Warren McCleskey. McCleskey had argued that the death penalty …

Sheppard v. Maxwell, No. 490 (U.S. Supreme Court) (384 U.S. 333; 86 S.Ct. 1507) (June 6, 2066) (Justice Clark)

Article • June 21, 2000

Filed under: Punch And Jurists, Publicity - Prejudicial

Sheppard v. Maxwell, No. 490 (U.S. Supreme Court) (384 U.S. 333; 86 S.Ct. 1507) (June 6, 2066) (Justice Clark) by The issue addressed by the Court in this case was whether Sam Sheppard was deprived of a fair trial in his state conviction for the murder of his wife because …

Patton v. Yount, No. 83-95 (U.S. Supreme Court) (467 U.S. 1025; 104 S.Ct. 2885) (June 26, 1984) (Justice Powell)

Article • June 8, 2000

Filed under: Punch And Jurists, Publicity - Prejudicial

Patton v. Yount, No. 83-95 (U.S. Supreme Court) (467 U.S. 1025; 104 S.Ct. 2885) (June 26, 1984) (Justice Powell) by In this case, the respondent was convicted of first-degree murder and rape after a jury trial in a Pennsylvania state court; and he was sentenced to life imprisonment. However, on …

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley)

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

Filed under: Punch And Jurists, Jury Deliberations

U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley) by QUOTE OF THE WEEK - Some judicial thoughts on the role of jurors. "One enduring element of the jury system, no less vital today than two centuries ago, is insulation from questions …

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood) by This is a rare case in which the Court reversed four convictions because the district court (Judge Hart) had refused to excuse, for cause, a potential juror who had worked - for …

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood) by QUOTE OF THE WEEK - The Sixth Amendment right to an impartial jury in the Seventh Circuit Despite the Seventh Circuit’s ruling in the Polchemi case, a review of some of its …

City of Cleburne v. Cleburne Living Center, No. 84-468 (U.S. Supreme Court) (473 U.S. 432; 105 S.Ct. 3249) (July 1, 1985) (Justice White)

Article • February 5, 2000

Filed under: Punch And Jurists, Bias/Discrimination

City of Cleburne v. Cleburne Living Center, No. 84-468 (U.S. Supreme Court) (473 U.S. 432; 105 S.Ct. 3249) (July 1, 1985) (Justice White) by Here the Court held that the mentally retarded per se cannot be grouped together as a means for depriving them of their rights and interests without …

Glover v. Johnson, No. 95-1521 (6th Cir.) (198 F.3d 557) (December 14, 1999) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Bias/Discrimination

Glover v. Johnson, No. 95-1521 (6th Cir.) (198 F.3d 557) (December 14, 1999) (Judge James L. Ryan) by Here a majority of the Sixth Circuit held, after more than 20 years of litigation, that female prisoners in Michigan finally had achieved access to educational, vocational, and apprenticeship programs that were …

U.S. v. Davis, No. 97-5363 (6th Cir.) (177 F.3d 552) (May 21, 1999) (Judge David W. McKeague)

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

Filed under: Punch And Jurists, Jurors - Removal/Excusing

U.S. v. Davis, No. 97-5363 (6th Cir.) (177 F.3d 552) (May 21, 1999) (Judge David W. McKeague) by In this case, after all the testimony was presented, one juror requested that he be excused because he had previously done business with some of the defendants, witnesse and their families, and …

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson)

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

Filed under: Punch And Jurists, Publicity - Prejudicial

U.S. v. Volpe, No. CR 98-196(S-2) (E.D.N.Y.) (42 F.Supp.2d 204) (March 3, 1999) (Judge Eugene H. Nickerson) by Here the Court denied the mortions for a change in venue, concluding that "the adverse pretrial publicity has not so saturated this district as to amount to presumed prejudice." (Id., at 217). …

U.S. v. Brooks, No. 97-3560 (8th Cir.) (175 F.3d 605) (April 15, 1998) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Brooks, No. 97-3560 (8th Cir.) (175 F.3d 605) (April 15, 1998) (Judge George G. Fagg) by Here the Court held that, as a matter of law, a person who favors the legalization of marijuana is "incapable of finding a defendant guilty of a drug crime" and thus he …

DeLisle v. Rivers, No. 96-1198 (6th Cir.) (161 F.3d 370) (November 30, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Publicity - Prejudicial

DeLisle v. Rivers, No. 96-1198 (6th Cir.) (161 F.3d 370) (November 30, 1998) (Judge James L. Ryan) by En Banc decsion essentally affirming panel's decision that bias could not be presumed from jurors' knowledge of defendant's suppressed statements where none of those actually seated was challenged for cause or expressed …

U.S. v. Holloway, No. 3:96-00004 (M.D.Tenn.) (29 F.Supp.2d 435) (December 3, 1998) (Judge Thomas A. Jr. Wiseman)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Holloway, No. 3:96-00004 (M.D.Tenn.) (29 F.Supp.2d 435) (December 3, 1998) (Judge Thomas A. Jr. Wiseman) by The defendant in this case, a white man, moved for discovery of information disclosing racial discrimination in the decision by the Department of Justice selecting the defendant to face the death penalty. …

U.S. v. Richardson, No. 97-3152 (D.C. Cir.) (161 F.3d 728) (October 27, 1998) (Judge Patricia M. Wald)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Richardson, No. 97-3152 (D.C. Cir.) (161 F.3d 728) (October 27, 1998) (Judge Patricia M. Wald) by In this case the defendant was identified by an eyewitness as the man who displayed a gun. The defendant's attorney presented a defense of misidentification, suggesting that the gun could have belonged …

U.S. v. Mendoza, No. 96-50597 (9th Cir.) (157 F.3d 730) (October 6, 1998) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Mendoza, No. 96-50597 (9th Cir.) (157 F.3d 730) (October 6, 1998) (Judge Melvin Brunetti) by In this case, during voir dire, the district court asked the panel whether any of them felt that the American approach to marijuana was wrong, and two jurors raised their hands. The court …

Estes v. Texas, No. 256 (U.S. Supreme Court) (381 U.S. 532; 85 S.Ct. 1628) (June 7, 2065) (Justice Clark)

Article • October 26, 1998

Filed under: Punch And Jurists, Publicity - Prejudicial

Estes v. Texas, No. 256 (U.S. Supreme Court) (381 U.S. 532; 85 S.Ct. 1628) (June 7, 2065) (Justice Clark) by A plurality of judges held that the televising over petitioner's objections of the courtroom proceedings of his criminal trial, in which there was widespread public interest, was inherently invalid as …

Mu'Min v. Virginia, No. 90-5193 (U.S. Supreme Court) (500 U.S. 415; 111 S.Ct. 1899) (May 20, 1991) (Justice Rehnquist)

Article • October 26, 1998

Filed under: Punch And Jurists, Publicity - Prejudicial

Mu'Min v. Virginia, No. 90-5193 (U.S. Supreme Court) (500 U.S. 415; 111 S.Ct. 1899) (May 20, 1991) (Justice Rehnquist) by In this case, the defendant challenged the trial court's refusal to question prospective jurors about the specific contents of publications about the defendant to which they had been exposed. The …

U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Publicity - Prejudicial

U.S. v. McVeigh, No. 97-1287 (10th Cir.) (153 F.3d 1166) (September 8, 1998) (Judge David M. Ebel) by This case involves the conviction and sentencing of Timothy McVeigh for his role in the bombing of the Murrah Federal Building in Oklahoma City, in 1995. As can be expected, defense counsel …

Dyer v. Calderon, No. 95-99002 (9th Cir.) (151 F.3d 970) (August 6, 1998) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Bias/Discrimination

Dyer v. Calderon, No. 95-99002 (9th Cir.) (151 F.3d 970) (August 6, 1998) (Judge Alex Kozinski) by This judicial donnybrook is noted for the wide disparity of reasoning about whether a juror's lies during voir dire warranted an inference of implied bias.

U.S. v. Cunan, No. 95-1965 (1st Cir.) (152 F.3d 29) (August 25, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Cunan, No. 95-1965 (1st Cir.) (152 F.3d 29) (August 25, 1998) (Judge Hugh H. Bownes) by Court rejected defendants' claims that Judge Young had denied them a fair trial by giving the impression to the jury that he was acting as the prosecutor's "assistant".