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U.S. v. Correa-Gomez, No. Cr.A. 01-32 (E.D.Ky.) (160 F.Supp.2d 748) (August 31, 2001) (Judge Henry R. Jr. Wilhoit)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Correa-Gomez, No. Cr.A. 01-32 (E.D.Ky.) (160 F.Supp.2d 748) (August 31, 2001) (Judge Henry R. Jr. Wilhoit) by In U.S. v. Armstrong, 517 U.S. 456 (1996), the Supreme Court held that, to prove a selective prosecution case, the claimant must prove two elements: first, he must demonstrate that the …

California v. Trombetta, No. 83-305 (U.S. Supreme Court) (467 U.S. 479; 104 S.Ct. 2528) (June 11, 1984) (Justice Marshall)

Article • September 30, 2001

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

California v. Trombetta, No. 83-305 (U.S. Supreme Court) (467 U.S. 479; 104 S.Ct. 2528) (June 11, 1984) (Justice Marshall) by Case held that Due Process Clause of the Fourteenth Amendment does not require that law enforcement agencies preserve breath samples in order to introduce the results of breath-analysis tests at …

U.S. v. Rodriguez, No. 99-10982 (5th Cir.) (260 F.3d 416) (July 30, 2001) (Judge James L. Dennis)

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

Filed under: Punch And Jurists, Comments on Defendant's Silence

U.S. v. Rodriguez, No. 99-10982 (5th Cir.) (260 F.3d 416) (July 30, 2001) (Judge James L. Dennis) by In a decision that doubles as a quick refresher course on the topic, the Fifth Circuit held that the defendant’s right to due process was violated when the trial court (Judge Means) …

Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young)

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

Filed under: Punch And Jurists, Plea Bargaining

Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young) by This is an extraordinarily blunt and candid decision by Judge Young in which he granted a Certificate of Appealability to consider whether the practice of "fact bargaining" had unduly and unconstitutionally …

Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young)

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

Filed under: Punch And Jurists, Plea Bargaining

Berthoff v. U.S., No. Civ. No. 97-10883-WGY (D.Mass.) (140 F.Supp.2d 50) (April 9, 2001) (Judge William G. Young) by QUOTE OF THE WEEK - Some of the evils of “fact bargaining.” “Plea bargaining gets away from the facts. First, as is widely recognized, justice is not done when premeditated murder, …

U.S. v. Flemmi, No. 00-1968 (1st Cir.) (245 F.3d 24) (March 30, 2001) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Flemmi, No. 00-1968 (1st Cir.) (245 F.3d 24) (March 30, 2001) (Judge Bruce M. Selya) by This decision is another chapter in the explosive, headline-grabbing saga that resulted from an “unholy alliance” between Stephen J. Flemmi and the FBI. Flemmi, who the First Circuit has described as “one …

U.S. v. Smith, No. 98-6121 (11th Cir.) (231 F.3d 800) (October 25, 2000) (Judge Edward E. Carnes)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Smith, No. 98-6121 (11th Cir.) (231 F.3d 800) (October 25, 2000) (Judge Edward E. Carnes) by In rejecting a claim of selective prosecution in this case, the Eleventh Circuit elaborated on the first prong of the Armstrong test [U.S. v. Armstrong, 517 U.S. 456 (1996)] by defining a …

U.S. v. Campbell, No. 98-5923 (11th Cir.) (223 F.3d 1286) (August 22, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Campbell, No. 98-5923 (11th Cir.) (223 F.3d 1286) (August 22, 2000) (Per Curiam) by This case is noted for Judge Godbold's dissent. In a case he described as “shabby,” Judge Godbold lashed out at the majority’s unsigned, per curiam decision affirming the drug conviction of a U.S. citizen …

U.S. v. Flemmi, No. 94-10287-MLW (D.Mass.) (108 F.Supp.2d 39) (July 5, 2000) (Judge Mark L. Wolf)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Flemmi, No. 94-10287-MLW (D.Mass.) (108 F.Supp.2d 39) (July 5, 2000) (Judge Mark L. Wolf) by This case is noted principally as one of many key decisions in the long and shameful saga of the many efforts by the FBI, the Department of Justice and many government officials to …

Mendoza Toro v. Gil, No. Civ. 00-1846 HL (D.Puerto Rico) (106 F.Supp.2d 306) (July 11, 2000) (Judge Hector M. Laffitte)

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

Filed under: Punch And Jurists, Ethical Restraints

Mendoza Toro v. Gil, No. Civ. 00-1846 HL (D.Puerto Rico) (106 F.Supp.2d 306) (July 11, 2000) (Judge Hector M. Laffitte) by Mendoza Toro v. Gil, 106 F.Supp.2d 306 (D.Puerto Rico 2000) (Judge Laffitte) Mendoza Toro v. Gil, 2000 WL 1092319 (D.Puerto Rico 7/26/2000) (Judge Laffitte) These two decisions represent an …

Mendoza Toro v. Gil, No. Civ. No. 00-1846 HL (D.Puerto Rico) (110 F.Supp.2d 28) (July 26, 2000) (Judge Hector M. Laffitte)

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

Filed under: Punch And Jurists, Ethical Restraints

Mendoza Toro v. Gil, No. Civ. No. 00-1846 HL (D.Puerto Rico) (110 F.Supp.2d 28) (July 26, 2000) (Judge Hector M. Laffitte) by Mendoza Toro v. Gil, 106 F.Supp.2d 306 (D.Puerto Rico 2000) (Judge Laffitte) Mendoza Toro v. Gil, 110 F.Supp.2d 28 (D.Puerto Rico 2000) (Judge Laffitte) These two decisions represent …

Griffin v. California, No. 202 (U.S. Supreme Court) (380 U.S. 609; 85 S.Ct. 1229) (April 28, 2065) (Justice Douglas)

Article • July 2, 2000

Filed under: Punch And Jurists, Comments on Defendant's Silence

Griffin v. California, No. 202 (U.S. Supreme Court) (380 U.S. 609; 85 S.Ct. 1229) (April 28, 2065) (Justice Douglas) by Here the Court held that the Fifth Amendment, in its direct application to the Federal Government, and in its bearing on the States by reason of the Fourteenth Amendment, forbids …

Jenkins v. Anderson, No. 78-6809 (U.S. Supreme Court) (447 U.S. 231; 100 S.Ct. 2124) (June 10, 1980) (Justice Powell)

Article • July 1, 2000

Filed under: Punch And Jurists, Comments on Defendant's Silence

Jenkins v. Anderson, No. 78-6809 (U.S. Supreme Court) (447 U.S. 231; 100 S.Ct. 2124) (June 10, 1980) (Justice Powell) by In this case, the prosecutor in a first-degree murder trial, during cross-examination and again in closing argument, attempted to impeach the defendant’s claim of self-defense by suggesting that he would …

Wayte v. U.S., No. 83-1292 (U.S. Supreme Court) (470 U.S. 598; 105 S.Ct. 1524) (March 19, 1985) (Justice Powell)

Article • June 17, 2000

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

Wayte v. U.S., No. 83-1292 (U.S. Supreme Court) (470 U.S. 598; 105 S.Ct. 1524) (March 19, 1985) (Justice Powell) by The question presented in this case was whether a passive enforcement policy of the Selective Service Law under which the Government prosecutes only those who report themselves as having violated …

U.S. v. Funds in the Name of John Hugh Wetterer, No. 98-6273 (2nd Cir.) (210 F.3d 96) (April 14, 2000) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Prosecutorial Misconduct

U.S. v. Funds in the Name of John Hugh Wetterer, No. 98-6273 (2nd Cir.) (210 F.3d 96) (April 14, 2000) (Judge Dennis G. Jacobs) by On March 27, 2000, the Senate passed and sent to the President for his expected signature the long-debated Civil Asset Forfeiture Reform Act which shifts …

Stern v. U.S. District Court for the District of Mass., No. 99-1839 (1st Cir.) (214 F.3d 4) (April 12, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Ethical Restraints

Stern v. U.S. District Court for the District of Mass., No. 99-1839 (1st Cir.) (214 F.3d 4) (April 12, 2000) (Judge Bruce M. Selya) by In this case, the First Circuit held that the Federal district court in Massachusetts went beyond the limits of its power by adopting into its …

U.S. v. Elliott, No. Crim. No. 3:99CR27-02 (E.D.Va.) (83 F.Supp.2d 637) (September 29, 1999) (Judge Robert E. Payne)

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

Filed under: Punch And Jurists, Evidence - Destruction/Fabrication/Manipulation of

U.S. v. Elliott, No. Crim. No. 3:99CR27-02 (E.D.Va.) (83 F.Supp.2d 637) (September 29, 1999) (Judge Robert E. Payne) by In this case, Judge Payne ordered the suppression of evidence after the DEA improperly destroyed material, potentially exculpatory evidence. Here, the DEA had been monitoring the defendant and his brother for …

U.S. v. Peralta-Ramirez, No. Crim. 99-0016CCC (D.Puerto Rico) (83 F.Supp.2d 263) (February 14, 2000) (Judge Carmen Consuelo Cerezo)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Peralta-Ramirez, No. Crim. 99-0016CCC (D.Puerto Rico) (83 F.Supp.2d 263) (February 14, 2000) (Judge Carmen Consuelo Cerezo) by QUOTE OF THE WEEK - Federal prosecutors and the need for accountability. “If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is …

U.S. v. Santana, No. Crim. 99-097 (D.Puerto Rico) (83 F.Supp.2d 224) (November 4, 1999) (Judge Jose Antonio Fuste)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Santana, No. Crim. 99-097 (D.Puerto Rico) (83 F.Supp.2d 224) (November 4, 1999) (Judge Jose Antonio Fuste) by QUOTE OF THE WEEK - Federal prosecutors and the need for accountability. “If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is …

U.S. v. Pearson, No. 97-3268 (10th Cir.) (203 F.3d 1243) (February 22, 2000) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Forum/Judge Shopping

U.S. v. Pearson, No. 97-3268 (10th Cir.) (203 F.3d 1243) (February 22, 2000) (Judge Robert H. Henry) by This case deals with the outrageous practice by which prosecutors are often able to manipulate the system to assure that cases involving multiple defendants are assigned to a preferred “pro-Government” district judge. …