Search | Punch and Jurists

U.S. v. Ortiz, No. 98-1560 (1st Cir.) (177 F.3d 108) (June 2, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Ortiz, No. 98-1560 (1st Cir.) (177 F.3d 108) (June 2, 1999) (Judge Norman H. Stahl) by Here the First Circuit vacated the defendant's convictions - after both the Magistrate Judge and the District Court had ruled in favor of the Government - because it found that the defendant's …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by Excerpts from P&J, 11/15/99 in which we discussed the Supreme Court's decision to review the Fourth Circuit's decision in the Miranda case. [From Vol. 6, Nos. 45 & 46, dated November 15,1999] …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by In this case the Fourth Circuit held that "it is perfectly clear that Congress enacted [18 USC] § 3501with the express purpose of legislatively overruling Miranda [v. Arizona] and restoring voluntariness as …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by Excerpts from P&J, 10/18/99, discussing the Gobernment's brief filed with the Supreme Court in the Dickerson case, in which it urged the Court not to overrule the Miranda decision. [From Vol. 6, …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by Quote of the Week from the 9/13/99 issue of P&J commenting on an article entitled "Miranda on the Hot Seat" which appeared in the New York Times Magazine on Sept. 26, 1999 …

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. 97-4750 (4th Cir.) (166 F.3d 667) (February 8, 1999) (Judge Karen J. Williams) by [From Vol. 6, No. 42, dated 10/18/99] QUOTE OF THE WEEK - Some excerpts from Miranda v. Arizona, 384 U.S. 436 (1966) explaining some of the reasons why the Court felt various …

U.S. v. Madoch, No. 96-3754 (7th Cir.) (149 F.3d 596) (July 8, 1998) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Madoch, No. 96-3754 (7th Cir.) (149 F.3d 596) (July 8, 1998) (Judge Diane P. Wood) by Case held that the district court committed plain error by resolving a suppression motion without an evidentiary hearing to determine whether defendant was in custody and entitled to Miranda warnings.

Rice v. Cooper, No. 97-2821 (7th Cir.) (148 F.3d 747) (June 19, 1998) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Miranda

Rice v. Cooper, No. 97-2821 (7th Cir.) (148 F.3d 747) (June 19, 1998) (Judge Richard A. Posner) by Case held that, in assessing the vailidity of a Miranda waiver by a 16-year old mentally retarded suspect, the proper question was whether the police reasonably believed that the suspect understood their …

U.S. v. Santiago, No. S5 97 CR 786(SAS) (S.D.N.Y.) (3 F.Supp.2d 392) (February 13, 1998) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Santiago, No. S5 97 CR 786(SAS) (S.D.N.Y.) (3 F.Supp.2d 392) (February 13, 1998) (Judge Shira A. Scheindlin) by Defendant Santiago was one of a number of defendants charged in a multi-count RICO and drug conspiracy indictment. Initially he was arrested and held in State custody on Rikers Island …

U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Knowles, No. 98-CR-10 (E.D.Wisc.) (2 F.Supp.2d 1135) (April 15, 1998) (Judge Lynn S. Adelman) by Court held that defendant was misled by a "pattern of deception" making him believe that he was not a suspect and was not going to be arrested when the interrogating agent had in …

U.S. v. Bautista, No. 97-2222 (10th Cir.) (145 F.3d 1140) (May 22, 1998) (Judge James E. Barrett)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Bautista, No. 97-2222 (10th Cir.) (145 F.3d 1140) (May 22, 1998) (Judge James E. Barrett) by Case held that the giving of a Miranda warning does not, in and of itself, convert an otherwise non-custodial interview into a custodial interrogation (Id., at 1148-49).

U.S. v. Mathurin, No. 97-1041(L) (2nd Cir.) (148 F.3d 68) (June 3, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Mathurin, No. 97-1041(L) (2nd Cir.) (148 F.3d 68) (June 3, 1998) (Per Curiam) by The sole issue presented in this case was whether a defendant's sworn affidavit stating that he was not given any Miranda warnings and that he never waived his right to counsel was sufficiently factual …

U.S. v. Rivas-Lopez, No. 2:97-CR-104 (D.Utah) (988 F.Supp. 1424) (December 31, 1997) (Judge J. Thomas Greene)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Rivas-Lopez, No. 2:97-CR-104 (D.Utah) (988 F.Supp. 1424) (December 31, 1997) (Judge J. Thomas Greene) by Here the Court held that the provisions of 18 U.S.C. § 3051 (entitled Admissibility of Confessions), rather than the standards laid down in Miranda v. Arizona, 384 U.S. 436 (1996), govern the admissibility …

U.S. v. Andrade, No. 96-2309 (1st Cir.) (135 F.3d 104) (February 3, 1998) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Andrade, No. 96-2309 (1st Cir.) (135 F.3d 104) (February 3, 1998) (Judge Michael Boudin) by Just as the New York Times has completed a series of front-page articles entitled "Police Tactics Chipping Away at Suspects' Rights", comes this case from the First Circuit which gives credence to the …

U.S. v. Andrade, No. 96-2309 (1st Cir.) (135 F.3d 104) (February 3, 1998) (Judge Michael Boudin)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Andrade, No. 96-2309 (1st Cir.) (135 F.3d 104) (February 3, 1998) (Judge Michael Boudin) by

U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Fernandez-Ventura, No. 97-1254 (1st Cir.) (132 F.3d 844) (January 6, 1998) (Judge John R. Gibson) by

Goodwin v. Johnson, No. 95-20134 (5th Cir.) (132 F.3d 162) (January 15, 1998) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Miranda

Goodwin v. Johnson, No. 95-20134 (5th Cir.) (132 F.3d 162) (January 15, 1998) (Judge Carolyn Dineen King) by Here the Court vacated a conviction on the grounds that the defendant had improperly been denied an evidentiary hearing on this issue of whether a Texas conviction, used to justify the death …

U.S. v. Melendez Garcia, No. 95-235 (DRD) (D.Puerto Rico) (982 F.Supp. 112) (November 3, 1997) (Judge Daniel R. Dominguez)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Melendez Garcia, No. 95-235 (DRD) (D.Puerto Rico) (982 F.Supp. 112) (November 3, 1997) (Judge Daniel R. Dominguez) by Goodwin v. Johnson, 132 F. 3d 162 (5th Cir. 1998) (Judge King) U. S. v. Melendez Garcia, 982 F.Supp. 112 (D.Puerto Rico 1997) (Judge Dominguez) Each of these cases explores …

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, Miranda

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. Dickerson, No. Crim. No. 97-159-A (E.D.Va.) (971 F.Supp. 1023) (August 4, 1997) (Judge James C. Cacheris)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Dickerson, No. Crim. No. 97-159-A (E.D.Va.) (971 F.Supp. 1023) (August 4, 1997) (Judge James C. Cacheris) by For a detailed analysis of the Fourth Circuit's decision, see attorney Roger Parloff's article "Miranda on the Hot Seat" which appeared in the New York Times Magazine on Sunday, September 26, …