Search | Punch and Jurists

Illinois v. McArthur, No. 99-1132 (U.S. Supreme Court) (531 U.S. 326; 121 S.Ct. 946) (February 20, 2001) (Justice Breyer)

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

Filed under: Punch And Jurists, Physical Injury/Restraint

Illinois v. McArthur, No. 99-1132 (U.S. Supreme Court) (531 U.S. 326; 121 S.Ct. 946) (February 20, 2001) (Justice Breyer) by Here the Court held that the police were justified in barring the defendant from re-entering his home alone while they waited for a search warrant since they had probable cause …

U.S. v. Guzman, No. 99-2169 (7th Cir.) (236 F.3d 830) (January 3, 2001) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Socio-Economic Status

U.S. v. Guzman, No. 99-2169 (7th Cir.) (236 F.3d 830) (January 3, 2001) (Judge Richard A. Posner) by We note this case for its discussion of a relatively new argument that we have seen raised in a number of cases recently - namely that a person’s “cultural heritage” is a …

U.S. v. Marek, No. 98-40568 (5th Cir.) (238 F.3d 310) (January 4, 2001) (Judge Jacques L. Jr. Wiener)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Marek, No. 98-40568 (5th Cir.) (238 F.3d 310) (January 4, 2001) (Judge Jacques L. Jr. Wiener) by In this case the defendant-Appellant Betty Louise Marek pleaded guilty to paying an undercover FBI agent, who was posing as a hit-man, to murder her boyfriend's paramour. Marek was arrested after …

Ohio v. Reiner, No. 00-1028 (U.S. Supreme Court) (532 U.S. 17; 121 S.Ct. 1252) (March 19, 2001) (Per Curiam)

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

Filed under: Punch And Jurists

Ohio v. Reiner, No. 00-1028 (U.S. Supreme Court) (532 U.S. 17; 121 S.Ct. 1252) (March 19, 2001) (Per Curiam) by In this brief, per curiam ruling the Supreme Court held that a witness who claims to have had no involvement in a crime does not, by virtue of that assertion …

U.S. v. Ortiz, No. 00-2297 (8th Cir.) (236 F.3d 420) (January 3, 2001) (Judge Morris Sheppard Arnold)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Ortiz, No. 00-2297 (8th Cir.) (236 F.3d 420) (January 3, 2001) (Judge Morris Sheppard Arnold) by In this case, relying on Apprendi, the defendant argued that the trial court erred when it declined to submit the question of drug quantity to the jury. He urged that, because the …

U.S. v. Cockerham, No. 98-7189 (10th Cir.) (237 F.3d 1179) (January 18, 2001) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Cockerham, No. 98-7189 (10th Cir.) (237 F.3d 1179) (January 18, 2001) (Judge Monroe G. McKay) by The defendant in this case pled guilty to several drug trafficking crimes. After his conviction was affirmed on appeal, defendant moved for habeas relief under 28 U.S.C.S. § 2255. The United States …

U.S. v. Lovaas, No. 00-1862 (7th Cir.) (241 F.3d 900) (March 1, 2001) (Judge Kenneth F. Ripple)

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

Filed under: Punch And Jurists

U.S. v. Lovaas, No. 00-1862 (7th Cir.) (241 F.3d 900) (March 1, 2001) (Judge Kenneth F. Ripple) by This case is noted particularly for its broad view that in cases involving child pornography a defendant's decade old convictions can be included as a "pattern of activity" and thus qualify as …

U.S. v. Houle, No. 99-1310 (1st Cir.) (237 F.3d 71) (January 23, 2001) (Judge Salvador E. Casellas)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Houle, No. 99-1310 (1st Cir.) (237 F.3d 71) (January 23, 2001) (Judge Salvador E. Casellas) by

U.S. v. Ryan, No. 99-3366 (10th Cir.) (236 F.3d 1268) (January 10, 2001) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Fruit of the Poisonous Tree

U.S. v. Ryan, No. 99-3366 (10th Cir.) (236 F.3d 1268) (January 10, 2001) (Judge David M. Ebel) by Here the Court affirmed the general rule that evidence (narcotics) that were seized in violation of the defendant's Fourth Amendment rights were properly considered at sentencing in fixing the sentence on other …

U.S. v. Camarillo-Tello, No. 00-30029 (9th Cir.) (236 F.3d 1024) (January 3, 2001) (Judge Betty Binns Fletcher)

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

Filed under: Punch And Jurists, Breach of Plea/Coop./Immunity Agreements

U.S. v. Camarillo-Tello, No. 00-30029 (9th Cir.) (236 F.3d 1024) (January 3, 2001) (Judge Betty Binns Fletcher) by

U.S. v. Riley, No. 98-3012EA (8th Cir.) (236 F.3d 982) (January 18, 2001) (Judge Richard S. Arnold)

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

Filed under: Punch And Jurists, Records - Business/Foreign/Public, etc.

U.S. v. Riley, No. 98-3012EA (8th Cir.) (236 F.3d 982) (January 18, 2001) (Judge Richard S. Arnold) by

U.S. v. McIntosh, No. 00-1035 (8th Cir.) (236 F.3d 968) (January 10, 2001) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. McIntosh, No. 00-1035 (8th Cir.) (236 F.3d 968) (January 10, 2001) (Judge David R. Hansen) by

U.S. v. Gibbs, No. Crim.A. 96-539-2 (E.D.Pa.) (125 F.Supp.2d 700) (December 19, 2000) (Judge Harvey III Bartle)

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

Filed under: Punch And Jurists

U.S. v. Gibbs, No. Crim.A. 96-539-2 (E.D.Pa.) (125 F.Supp.2d 700) (December 19, 2000) (Judge Harvey III Bartle) by

Bell v. Jarvis, No. 98-7002 (4th Cir.) (236 F.3d 149) (December 29, 2000) (Judge William B. Jr. Traxler)

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

Filed under: Punch And Jurists, Closure of Courtroom

Bell v. Jarvis, No. 98-7002 (4th Cir.) (236 F.3d 149) (December 29, 2000) (Judge William B. Jr. Traxler) by This is a significant (but divided) en banc decision on the issue of closure of the courtroom, upholding numerous convictions for sexual misconduct despite the complete closure of the courtroom during …

U.S. v. Cade, No. 00-30026 (9th Cir.) (236 F.3d 463) (December 20, 2000) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Cade, No. 00-30026 (9th Cir.) (236 F.3d 463) (December 20, 2000) (Judge Susan P. Graber) by This case is noted for its holding that, while there may be limits on the initial term of supervised release that may be imposed for most felony convictions, there are no limits …

U.S. v. Kallestad, No. 98-51089 (5th Cir.) (236 F.3d 225) (December 19, 2000) (Judge Patrick E. Higginbotham)

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

Filed under: Punch And Jurists, Pornography/Pornography Laws

U.S. v. Kallestad, No. 98-51089 (5th Cir.) (236 F.3d 225) (December 19, 2000) (Judge Patrick E. Higginbotham) by This case involved a constitutional challenge to 18 U.S.C. § 2252(a)(4)(B), which prohibits the mere possession of sexually explicit depictions of minors if those depictions, or the materials used to produce them, …

Burton v. U.S., No. 98-20294 (5th Cir.) (237 F.3d 490) (December 22, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Jurisdictional Defects

Burton v. U.S., No. 98-20294 (5th Cir.) (237 F.3d 490) (December 22, 2000) (Per Curiam) by

Odle v. Woodford, No. 99-99029 (9th Cir.) (238 F.3d 1084) (February 6, 2001) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists

Odle v. Woodford, No. 99-99029 (9th Cir.) (238 F.3d 1084) (February 6, 2001) (Judge Alex Kozinski) by Here 17 years after he was convicted of two murders, the petitioner finally convinced a court that his rights had been violated when he was denied a competency hearing despite having had a …

U.S. v. Snyder, No. 00-1043 (1st Cir.) (235 F.3d 42) (December 21, 2000) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Sentencing Goals/Purposes/Practices

U.S. v. Snyder, No. 00-1043 (1st Cir.) (235 F.3d 42) (December 21, 2000) (Judge Sandra L. Lynch) by Here the Court revisited Judge Harrington’s controversial decision in which he refused to sentence a defendant to a “draconian” Guideline sentence that was ten times greater than the applicable state sentence because …

U.S. v. Laden, No. S(7) 98 Cr. 10232(LBS) (S.D.N.Y.) (132 F.Supp.2d 168) (February 16, 2001) (Judge Leonard B. Sand)

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

Filed under: Punch And Jurists, Miranda

U.S. v. Laden, No. S(7) 98 Cr. 10232(LBS) (S.D.N.Y.) (132 F.Supp.2d 168) (February 16, 2001) (Judge Leonard B. Sand) by This case is noted as the first reported case to apply constitutional protections (specifically the rights against self-incrimination and the Miranda rights) to foreign suspects who are interrogated by American …