Search | Punch and Jurists

U.S. v. Hill, No. 98-1446 (10th Cir.) (197 F.3d 436) (November 18, 1999) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Ends of Justice Continuances

U.S. v. Hill, No. 98-1446 (10th Cir.) (197 F.3d 436) (November 18, 1999) (Judge Mary Beck Briscoe) by Here the Court held that granting the Government an open-ended "ends of justice" continuance under § 3161(h)(8) of the Speedy Trial Act was appropriate to resolve open issues that were being considered …

U.S. v. Howard, No. Crim. No. 3:99CR112 (E.D.Va.) (63 F.Supp.2d 728) (August 18, 1999) (Judge Richard L. Williams)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Howard, No. Crim. No. 3:99CR112 (E.D.Va.) (63 F.Supp.2d 728) (August 18, 1999) (Judge Richard L. Williams) by

U.S. v. Akinsola, No. 93-80953 (E.D.Mich.) (57 F.Supp.2d 455) (July 20, 1999) (Judge Anna Diggs Taylor)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Akinsola, No. 93-80953 (E.D.Mich.) (57 F.Supp.2d 455) (July 20, 1999) (Judge Anna Diggs Taylor) by Here the Court held that a delay of 52 months between the date of the indictment and the date of the defendant's arrest violated the defendant's Sixth Amendment rights to a speedy trial …

U.S. v. Salimonu, No. 97-1557 (1st Cir.) (182 F.3d 63) (July 7, 1999) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Salimonu, No. 97-1557 (1st Cir.) (182 F.3d 63) (July 7, 1999) (Judge Norman H. Stahl) by The Court held: "The delay in bringing Salimonu to trial was indeed overlong, and the district court should have acted with much more expedition. Nonetheless, because a hearing was required on his …

Blyden v. Mancusi, No. 97-2912 (2nd Cir.) (186 F.3d 252) (August 3, 1999) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

Blyden v. Mancusi, No. 97-2912 (2nd Cir.) (186 F.3d 252) (August 3, 1999) (Judge Ralph K. Jr. Winter) by Here, some 28 years after the events that gave rise to the claims for damage that arose in this case out of the Attica rebellion in 1971, the Second Circuit reversed …

U.S. v. Zfaty, No. 98 CR 1367(BDP) (S.D.N.Y.) (44 F.Supp.2d 588) (April 15, 1999) (Judge Barrington D. Jr. Parker)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Zfaty, No. 98 CR 1367(BDP) (S.D.N.Y.) (44 F.Supp.2d 588) (April 15, 1999) (Judge Barrington D. Jr. Parker) by In this case the court found that the defendant was never informed of his rights under the IAD; and it noted that the Government's "failure either to inform Zfaty of …

U.S. v. Hall, No. 98-30118 (9th Cir.) (181 F.3d 1057) (June 21, 1999) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Hall, No. 98-30118 (9th Cir.) (181 F.3d 1057) (June 21, 1999) (Judge Betty Binns Fletcher) by In this case the defendant argued that his speedy trial rights had been violated by a delay of 293 days between the date of his arraignment and the date his trial commenced. …

U.S. v. LeBlanc, No. 97-3994 (7th Cir.) (175 F.3d 511) (April 21, 1999) (Judge Ilana Diamond Rovner)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. LeBlanc, No. 97-3994 (7th Cir.) (175 F.3d 511) (April 21, 1999) (Judge Ilana Diamond Rovner) by Here the Court held that the defendant had not "knowingly and voluntarily" waived his rights to a revocation hearing, despite being represented by counsel, and rejected the Govt's contention that a lesser …

U.S. v. Ticchiarelli, No. 98-1225 (1st Cir.) (171 F.3d 24) (March 19, 1999) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Ticchiarelli, No. 98-1225 (1st Cir.) (171 F.3d 24) (March 19, 1999) (Judge Sandra L. Lynch) by At his resentencing after a remand from the First Circuit, the defendant questioned the calculated weight of the drugs attributed to him. He claimed that the assigned weight overcounted his liability because …

U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Aviles, No. 96-10110 (9th Cir.) (170 F.3d 863) (March 15, 1999) (Judge John T. Jr. Noonan) by This decision slightly amended the Court's previous ruling about the number of days of excludable time that passed - which were not to be counted against the speedy trial clock - …

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (173 F.3d 120) (April 19, 1999) (Judge Pierre N. Leval)

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

Filed under: Punch And Jurists, Waivers/Defaults

Warner v. Orange County Dept. of Probation, No. 95-7055 (2nd Cir.) (173 F.3d 120) (April 19, 1999) (Judge Pierre N. Leval) by The Court held that a probationer's failure to object to or earlier appeal from the imposition of a special condition of probation requiring his to attend AAA meetings …

U.S. v. Sanchez, No. CR 89-408-02 (ADS) (E.D.N.Y.) (30 F.Supp.2d 595) (December 22, 1998) (Judge Arthur D. Spatt)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Sanchez, No. CR 89-408-02 (ADS) (E.D.N.Y.) (30 F.Supp.2d 595) (December 22, 1998) (Judge Arthur D. Spatt) by The Supreme Court has often noted that the "touchstone of due process is protection of the individual against arbitrary action of government." Wolff v. McDonnell, 418 U.S. 539, 558 (1974). This …

U.S. v. Pena-Corea, No. 98-2486 (11th Cir.) (165 F.3d 819) (January 20, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Pena-Corea, No. 98-2486 (11th Cir.) (165 F.3d 819) (January 20, 1999) (Per Curiam) by Here the Court held: "The question here is whether the Government should be held responsible for the state custodian's failure to serve Pena with the federal detainer and to advise him of his right …

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg)

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

Filed under: Punch And Jurists, Waivers/Defaults

U.S. v. Robinson, No. 98-3304 (3rd Cir.) (167 F.3d 824) (February 12, 1999) (Judge Morton I. Greenberg) by The Court also held that even if the defendant had timely challenged venue, it would have rejected his argument because the Governmnet can bring a prosecution in any district where a conspiracy …

U.S. v. Sanchez-Rodriguez, No. 97-10238 (9th Cir.) (161 F.3d 556) (November 20, 1998) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Delays in Prosecution of Case

U.S. v. Sanchez-Rodriguez, No. 97-10238 (9th Cir.) (161 F.3d 556) (November 20, 1998) (Judge Betty Binns Fletcher) by One of the issues considered by the en banc court in this case was the Government's claim that the district court erred in departing downward based on the fact that, because of …

U.S. v. Barnes, No. 97-2251 (1st Cir.) (159 F.3d 4) (October 27, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Barnes, No. 97-2251 (1st Cir.) (159 F.3d 4) (October 27, 1998) (Judge Hugh H. Bownes) by In this case the record was unclear as to even when the trial was adjourned. While the court concluded that the trial court had abused its discretion in granting, or sua sponte …

U.S. v. Aviles, No. 96-10110 (9th Cir.) (153 F.3d 931) (August 18, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Aviles, No. 96-10110 (9th Cir.) (153 F.3d 931) (August 18, 1998) (Judge John T. Jr. Noonan) by Another rapidly spreading fiction in criminal law is the concept that a defendant has the right to a speedy trial. The law (18 U.S.C. § 3161(c)(1)) states that in any case …

U.S. v. O'Dell, No. 96-6733 (6th Cir.) (154 F.3d 358) (August 31, 1998) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. O'Dell, No. 96-6733 (6th Cir.) (154 F.3d 358) (August 31, 1998) (Judge Cornelia G. Kennedy) by Here the Court held that the Speedy Trial Act requires that a non guilty plea be entered in order to begin the running of the speedy trial clock, and thus the time …

U.S. v. Dent, No. 97-1666 (3rd Cir.) (149 F.3d 180) (July 6, 1998) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)

U.S. v. Dent, No. 97-1666 (3rd Cir.) (149 F.3d 180) (July 6, 1998) (Judge Richard L. Nygaard) by Case held that a defendant generally must strictly comply with provisions of Article III of IAD, and therefore a letter sent by inmate requesting a speedy resolution of his outstanding Federal charges …

U.S. v. Harden, No. Crim. No. 3:97-545-0 (D.S.C.) (10 F.Supp.2d 556) (October 16, 1997) (Judge Matthew J. Jr. Perry)

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

Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of

U.S. v. Harden, No. Crim. No. 3:97-545-0 (D.S.C.) (10 F.Supp.2d 556) (October 16, 1997) (Judge Matthew J. Jr. Perry) by This is a rare case in which a Federal Judge not only admitted that he had made a mistake by granting the Government an improvident Speedy Trial Act extension of …