Search | Punch and Jurists

Ludwig v. U.S., No. 97-3456 (6th Cir.) (162 F.3d 456) (December 21, 1998) (Judge Allen E. Norris)

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

Filed under: Punch And Jurists, Strickland Standard

Ludwig v. U.S., No. 97-3456 (6th Cir.) (162 F.3d 456) (December 21, 1998) (Judge Allen E. Norris) by By holding that there is no bright line rule that establishes ineffective assistance of counsel due to the failure of counsel to file a notice of appeal, the Sixth Circuit joined a …

U.S. v. Mohammad, No. 95 C 7428 (N.D.Ill.) (999 F.Supp. 1198) (April 7, 1998) (Judge Robert W. Gettleman)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Mohammad, No. 95 C 7428 (N.D.Ill.) (999 F.Supp. 1198) (April 7, 1998) (Judge Robert W. Gettleman) by This case is a prime example of how dicta can often be overly broad. The defendant in this case was convicted of multiple counts of bankruptcy fraud, mail and wire fraud, …

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Muyet, No. S3 95 Cr. 941 (PKL) (S.D.N.Y.) (994 F.Supp. 550) (March 4, 1998) (Judge Peter K. Leisure) by Case rejected claim of ineffective assistance of counsel based on counsel's alleged sleeping through a substantial portion of defendant's trial. Among the many issues raised in this motion for …

Bloom v. Calderon, No. 95-99005 (9th Cir.) (132 F.3d 1267) (December 24, 1997) (Judge David R. Thompson)

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

Filed under: Punch And Jurists, Strickland Standard

Bloom v. Calderon, No. 95-99005 (9th Cir.) (132 F.3d 1267) (December 24, 1997) (Judge David R. Thompson) by Case held that trial counsel was constitutionally ineffective due to his failure to obtain and prepare psychiatric witness; and that such ineffective assistance of counsel seriously prejudiced the defendant to the degree …

Rickman v. Bell, No. 94-5721 (6th Cir.) (131 F.3d 1150) (December 2, 1997) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Strickland Standard

Rickman v. Bell, No. 94-5721 (6th Cir.) (131 F.3d 1150) (December 2, 1997) (Judge James L. Ryan) by Two weeks ago we noted a case, Groseclose v. Bell, 130 F.3d 1161 (6th Cir. 1997), in which the Sixth Circuit vacated a 20-year old murder conviction on the grounds that the …

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Strickland Standard

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan) by The petitioner in this case was convicted of a murder that took place more than 20 years ago, in 1977. He was convicted and sentenced to death - and now, after all …

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Strickland Standard

Groseclose v. Bell, No. 95-6262 (6th Cir.) (130 F.3d 1161) (December 2, 1997) (Judge James L. Ryan) by The petitioner in this case was convicted of a murder that took place more than 20 years ago, in 1977. He was convicted and sentenced to death - and now, after all …

Jones v. Vacco, No. 96-2839, No. 1331 (2nd Cir.) (126 F.3d 408) (October 2, 1997) (Judge Frank X. Altimari)

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

Filed under: Punch And Jurists, Strickland Standard

Jones v. Vacco, No. 96-2839, No. 1331 (2nd Cir.) (126 F.3d 408) (October 2, 1997) (Judge Frank X. Altimari) by Limitation on counsel's right to confer with incarcerated defendant/client constitutes a violation of the defendant's constitutional right to counsel. At the completion of his first day of cross-examination, the petitioner/defendant …

U.S. v. Moore, No. 97-1522 (8th Cir.) (122 F.3d 1154) (September 10, 1997) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Moore, No. 97-1522 (8th Cir.) (122 F.3d 1154) (September 10, 1997) (Judge Morris Sheppard Arnold) by No right to counsel upon filing of criminal complaint. The assault on the U.S. Constitution continues. Last week we noted that, in U.S. v. Mitchell, 122 F.3d 185 (3rd Cir. 1997), the …

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Strickland Standard

Thompson v. Calderon, No. 95-99014 (9th Cir.) (120 F.3d 1045) (August 3, 1997) (Judge Betty Binns Fletcher) by This is an astonishing case that reflects a deep and disturbing division among the judges about the role the courts should play in seeking to achieve justice in criminal cases. It is …

Patrasso v. Nelson, No. 96-3962 (7th Cir.) (121 F.3d 297) (August 5, 1997) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Strickland Standard

Patrasso v. Nelson, No. 96-3962 (7th Cir.) (121 F.3d 297) (August 5, 1997) (Judge Daniel A. Manion) by In 1983, James Patrasso was convicted of two counts of attempted murder. He was sentenced to a term of 60 years in prison. Since then he appealed his conviction and sentence to …

Williamson v. Ward, No. 95-7141 (10th Cir.) (110 F.3d 1508) (April 10, 1997) (Judge Stephanie K. Seymour)

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

Filed under: Punch And Jurists, Strickland Standard

Williamson v. Ward, No. 95-7141 (10th Cir.) (110 F.3d 1508) (April 10, 1997) (Judge Stephanie K. Seymour) by In this shocking case, the Court vacated an incompetant's defendant's murder conviction (after the defendant spent five years in prison) because his blind lawyer had totally failed to investigate the case or …

Thompson v. Calderon, No. 95-99014 (9th Cir.) (109 F.3d 1358) (March 6, 1997) (Judge Robert R. Beezer)

Article • May 1, 1997 • from P&J September, 1997

Filed under: Punch And Jurists, Strickland Standard

Thompson v. Calderon, No. 95-99014 (9th Cir.) (109 F.3d 1358) (March 6, 1997) (Judge Robert R. Beezer) by

Williams v. Callaghan, No. Civ. No. 95-02335 (D.D.C.) (938 F.Supp. 46) (September 10, 1996) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Strickland Standard

Williams v. Callaghan, No. Civ. No. 95-02335 (D.D.C.) (938 F.Supp. 46) (September 10, 1996) (Judge Stanley Sporkin) by The defense lawyers nightmare! Here, after the client was convicted of some drug crimes, and his conviction was affirmed on appeal, he brought a lawsuit against his attorney alleging both legal malpractice …

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Askew, No. 94-3139 (D.C. Cir.) (88 F.3d 1065) (July 12, 1996) (Judge David S. Tatel) by The defendant in this case was charged with and convicted of possession of crack cocaine with intent to distribute. His defense was that he possessed the drugs for personal consumption and that …

Tippins v. Walker, No. 95-2406 (2nd Cir.) (77 F.3d 682) (March 7, 1996) (Judge Dennis G. Jacobs)

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

Filed under: Punch And Jurists, Strickland Standard

Tippins v. Walker, No. 95-2406 (2nd Cir.) (77 F.3d 682) (March 7, 1996) (Judge Dennis G. Jacobs) by This is one of those crazy cases from la-la land that sorely tests the credibility (or gullibility) of the criminal justice system. It involves the tale of a sleepy lawyer and a …

U.S. v. Stearns, No. 94-35451 (9th Cir.) (68 F.3d 328) (October 12, 1995) (Judge Ferdinand F. Fernandez)

Article • November 1, 1995

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Stearns, No. 94-35451 (9th Cir.) (68 F.3d 328) (October 12, 1995) (Judge Ferdinand F. Fernandez) by Case held that counsel's failure to file a notice of appeal constitutes ineffective assistance of counsel which is presumptively prejudicial unless the defendant affirmatively consents to such a course of action. By …

Lane v. Richards, No. 91-1088 (7th Cir.) (957 F.2d 363) (February 25, 1992) (Judge Frank H. Easterbrook)

Article • January 1, 1994

Filed under: Punch And Jurists, Strickland Standard

Lane v. Richards, No. 91-1088 (7th Cir.) (957 F.2d 363) (February 25, 1992) (Judge Frank H. Easterbrook) by In this case, peitioner Richard E. Lane was convicted of murder in 1986. On November 18, 1986, the court appointed a public defender, one Darrolyn A. Ross, to represent him on his …