Search | Punch and Jurists

U.S. v. Collazo-Aponte, No. 98-1818 (1st Cir.) (216 F.3d 163) (June 27, 2000) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Collazo-Aponte, No. 98-1818 (1st Cir.) (216 F.3d 163) (June 27, 2000) (Judge Juan R. Torruella) by Here the Court rejected a defendant's challenge to the empanelling of an anonymous jury, holding that in the First Circuit anonymous juries are allowed if there are strong grounds for concluding they …

Hernandez v. New York, No. 89-7654 (U.S. Supreme Court) (500 U.S. 352; 111 S.Ct. 1859) (May 28, 1991) (Justice Kennedy)

Article • June 24, 2000

Filed under: Punch And Jurists, Batson Claims

Hernandez v. New York, No. 89-7654 (U.S. Supreme Court) (500 U.S. 352; 111 S.Ct. 1859) (May 28, 1991) (Justice Kennedy) by In this case the Court first outlined a three-step process for evaluating a Batson claim [Batson v. Kentucky, 476 U.S. 79 (1986)]: (1) the defendant must make a prima …

Williams v. Florida, No. 927 (U.S. Supreme Court) (399 U.S. 78; 90 S.Ct. 1893) (June 22, 1970) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists, Jury - Plan/Pool/Box

Williams v. Florida, No. 927 (U.S. Supreme Court) (399 U.S. 78; 90 S.Ct. 1893) (June 22, 1970) (Justice White) by In 1967, the state of Florida passed legislation to allow six-member juries in criminal cases. Johnny Williams was tried and convicted for robbery by such a jury. Williams, lost in …

Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark)

Article • May 2, 1999

Filed under: Punch And Jurists, Juries - Fair and Impartial

Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark) by Case held that the standards governing change of venue derive from the Fourteenth Amendment's due process clause which safeguards a defendant's Sixth Amendment rights to a fair trial by "a …

U.S. v. Talley, No. 97-5640 (6th Cir.) (164 F.3d 989) (January 14, 1999) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Talley, No. 97-5640 (6th Cir.) (164 F.3d 989) (January 14, 1999) (Judge Nathaniel R. Jones) by Here the court approved the use of an anonymous jury even though there was no evidence that the defendant was involved in a criminal organization that included a pattern of violence or …

U.S. v. Lawhorne, No. CR. 3:96cr139 (E.D.Va.) (29 F.Supp.2d 292) (November 16, 1998) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Juries - Fair and Impartial

U.S. v. Lawhorne, No. CR. 3:96cr139 (E.D.Va.) (29 F.Supp.2d 292) (November 16, 1998) (Judge Robert E. Payne) by Finding that one juror evinced actual bias in favor of the prosecutor, the Court held that the defendant's rights to a fair trial were violated, that the error was "plain" and that …

U.S. v. Marrero-Ortiz, No. 96-2187 (1st Cir.) (160 F.3d 768) (November 17, 1998) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Marrero-Ortiz, No. 96-2187 (1st Cir.) (160 F.3d 768) (November 17, 1998) (Judge Bruce M. Selya) by Here the Court held that the district court had not abused its discretion when it permitted the empanelment of an anonymous jury because it had taken appropriate safeguards to minimize any risk …

Caldwell v. Dubois, No. Civ.A. 95-30157-MAP (D.Mass.) (999 F.Supp. 199) (March 31, 1998) (Judge Michael A. Ponsor)

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

Filed under: Punch And Jurists, Batson Claims

Caldwell v. Dubois, No. Civ.A. 95-30157-MAP (D.Mass.) (999 F.Supp. 199) (March 31, 1998) (Judge Michael A. Ponsor) by This decision is one of those rare instances in which a conviction was overturned because the Court concluded that the prosecution's decision to exclude "at least two of the four black jurors …

Malone v. Vasquez, No. 96-1613 (8th Cir.) (138 F.3d 711) (February 26, 1998) (Judge Diana E. Murphy)

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

Filed under: Punch And Jurists, Batson Claims

Malone v. Vasquez, No. 96-1613 (8th Cir.) (138 F.3d 711) (February 26, 1998) (Judge Diana E. Murphy) by Case is noted for Judge Heaney's dissent in which he concluded that an all white jury that convicted a black defendant, with a tenth grade education, had been empaneled in violation of …

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. DeLuca, No. 96-1173 (1st Cir.) (137 F.3d 24) (February 27, 1998) (Judge Conrad K. Cyr) by Here the Court held that the district court had not abused its discretion by enpaneling an anonymous jury, although it noted that the use of such procedures "is an extraordinary protective device" …

U.S. v. Stafford, No. 97-1542 (7th Cir.) (136 F.3d 1109) (February 3, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Batson Claims

U.S. v. Stafford, No. 97-1542 (7th Cir.) (136 F.3d 1109) (February 3, 1998) (Judge Richard A. Posner) by This case is noted for one of those Snippets of Justice that speaks volumes about our criminal justice system - and particularly how the Government openly fears having the system judged by …

Tankleff v. Senkowski, No. 97-2116, No. 2063 (2nd Cir.) (135 F.3d 235) (January 12, 1998) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Batson Claims

Tankleff v. Senkowski, No. 97-2116, No. 2063 (2nd Cir.) (135 F.3d 235) (January 12, 1998) (Judge Guido Calabresi) by This multi-issue habeas case is noted principally because of its affirmation of an important ruling on so- called Batson-challenges (see, Batson v. Kentucky, 476 U.S. 79 (1986) to race-related peremptory challenges …

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Batson Claims

Howard v. Moore, No. 95-4017 (4th Cir.) (131 F.3d 399) (December 9, 1997) (Judge Karen J. Williams) by The district court held, and the Court of Appeals ageed, that the striking of of six out of seven black venirepersons constituted a prima facie case of discrimination; but that case was …

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam)

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

Filed under: Punch And Jurists, Batson Claims

U.S. v. Spriggs, No. 94-3067 (D.C. Cir.) (102 F.3d 1245) (December 17, 1996) (Per Curiam) by Court held that Government's use or peremptory challenges did not violate the rules established by the Supreme Court in Batson v. Kentucky, 479 U.S. 79 (1986). This multi-issue appeal arose from a two-year long …

Mata v. Johnson, No. 96-20218 (5th Cir.) (99 F.3d 1261) (January 31, 1996) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Batson Claims

Mata v. Johnson, No. 96-20218 (5th Cir.) (99 F.3d 1261) (January 31, 1996) (Judge Jacques L. Jr. Wiener) by This is another case that reviews the tightening noose on appeals in capital cases, particularly due to the provisions of the recent Antiterrorism and Effective Death Penalty Act (AEDPA). One of …

U.S. v. Sanchez, No. 94-60686 (5th Cir.) (74 F.3d 562) (January 23, 1996) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Sanchez, No. 94-60686 (5th Cir.) (74 F.3d 562) (January 23, 1996) (Judge Edith H. Jones) by The defendant in this case, a police officer, was convicted of misdemeanor civil rights violations under 18 U.S.C. § 242 for coercing prostitutes to perform sexual acts under threat of arrest. The …

U.S. v. Paccione, No. 90-1587, No. 1569 (2nd Cir.) (949 F.2d 1183) (November 15, 1991) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Paccione, No. 90-1587, No. 1569 (2nd Cir.) (949 F.2d 1183) (November 15, 1991) (Judge Amalya Lyle Kearse) by Here the court held that, in general, a district court should not order the empaneling of an anonymous jury without "(a) concluding that there is a strong reason to believe …

U.S. v. Barnes, No. 78-1040 (2nd Cir.) (604 F.2d 121) (April 23, 1979) (Judge Leonard Page Moore)

Article • January 1, 1994

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Barnes, No. 78-1040 (2nd Cir.) (604 F.2d 121) (April 23, 1979) (Judge Leonard Page Moore) by Defendants challenged their convictions by the United States District Court for the Southern District of New York for conspiracy to violate the federal narcotics laws and various substantive violations thereof. Two defendants …

U.S. v. Vario, No. 90-1416, No. 579 (2nd Cir.) (943 F.3d 236) (September 3, 1991) (Judge John M. Jr. Walker)

Article • January 1, 1994

Filed under: Punch And Jurists, Juries - Anonymous/Sequestered

U.S. v. Vario, No. 90-1416, No. 579 (2nd Cir.) (943 F.3d 236) (September 3, 1991) (Judge John M. Jr. Walker) by Case held that the use of an anonymous jury was warranted in the trial of a defendant on various RICO charges, based on extensive pretrial publicity surrounding the case.