Search | Punch and Jurists

U.S. v. Lanoue, No. 97-1368 (1st Cir.) (137 F.3d 656) (March 4, 1998) (Judge John C. Godbold)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Lanoue, No. 97-1368 (1st Cir.) (137 F.3d 656) (March 4, 1998) (Judge John C. Godbold) by This is one of those wild and wooly cases that arose out of a "massive land and air surveillance" of a now 75 year old defendant and his automobile by "approximately fifty …

Paradise v. CCI Warden, No. 97-2291, No. 744 (2nd Cir.) (136 F.3d 331) (February 11, 1998) (Judge Charles L. Brieant)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Paradise v. CCI Warden, No. 97-2291, No. 744 (2nd Cir.) (136 F.3d 331) (February 11, 1998) (Judge Charles L. Brieant) by In 1981, the petitioner in this case was arrested and charged with a murder that took place in 1974. He moved to dismiss the charges on the grounds that …

U.S. v. King, No. 97-1495 (2nd Cir.) (126 F.3d 394) (October 1, 1997) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. King, No. 97-1495 (2nd Cir.) (126 F.3d 394) (October 1, 1997) (Judge Wilfred Feinberg) by Court reversed decision dismissing second indictment for prosecutorial vindictiveness.

U.S. v. King, No. 97-1495 (2nd Cir.) (126 F.3d 394) (October 1, 1997) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. King, No. 97-1495 (2nd Cir.) (126 F.3d 394) (October 1, 1997) (Judge Wilfred Feinberg) by Court reversed decision dismissing second indictment for prosecutorial vindictiveness. This is a noteworthy decision involving prosecutorial vindictiveness. The defendant, boxing promoter Don King, was indicted on nine counts of wire fraud in connection …

U.S. v. Bordeaux, No. 96-3968 (8th Cir.) (121 F.3d 1187) (August 6, 1997) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Bordeaux, No. 96-3968 (8th Cir.) (121 F.3d 1187) (August 6, 1997) (Judge Donald P. Lay) by After original conviction on a lesser charge was vacated due to the failure of the district court to include an essential element of the crime charged, the Government brought a new indictment …

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by This is one of those rare cases in which a Federal court was actually willing to discuss the frequently-used prosecution tactic of pressuring a defendant into signing a plea agreement or cooperating …

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Paguio, No. 95-50370 (9th Cir.) (114 F.3d 928) (June 9, 1997) (Judge Andrew J. Kleinfield) by This is one of those rare cases in which a Federal court was actually willing to discuss the frequently-used prosecution tactic of pressuring a defendant into signing a plea agreement or cooperating …

U.S. v. Campbell, No. 96-40115 (5th Cir.) (106 F.3d 64) (February 7, 1997) (Judge Carl E. Stewart)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Campbell, No. 96-40115 (5th Cir.) (106 F.3d 64) (February 7, 1997) (Judge Carl E. Stewart) by Here using what it called the "aggregate sentencing approach", the Court held that the "presumption of vindictiveness" discussed in North Carolina v. Pearce did not apply to the facts of this case …

U.S. v. Stokes, No. Cr. No. 95-10379-EFH (D.Mass.) (947 F.Supp. 546) (November 18, 1996) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

U.S. v. Stokes, No. Cr. No. 95-10379-EFH (D.Mass.) (947 F.Supp. 546) (November 18, 1996) (Judge Edward F. Harrington) by Court dismissed new indictment on gun charges after State court acquitted defendant on murder charge. Judge Harrington from Massachusetts wrote a scorching opinion in the Stokes case, as he emphatically dismissed …