Search | Punch and Jurists

U.S. v. Varoudakis, No. 99-1696 (1st Cir.) (233 F.3d 113) (December 4, 2000) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Varoudakis, No. 99-1696 (1st Cir.) (233 F.3d 113) (December 4, 2000) (Judge Kermit A. Lipez) by United States v. Wash, 231 F.3d 366 (7th Cir. 2000) (Judge Flaum) United States v. Varoudakis, 233 F.3d 113 (1st Cir. 2000) (Judge Lipez) It doesn’t take a genius to recognize that, …

Whalem/Hunt v. Early, No. 99-55627 (9th Cir.) (233 F.3d 1146) (December 7, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Tolling of Statutes of Limitations and Laches

Whalem/Hunt v. Early, No. 99-55627 (9th Cir.) (233 F.3d 1146) (December 7, 2000) (Per Curiam) by Here the en banc court held that it was error to dismiss as untimely a prisoner's habeas petition without giving him a hearing to allow him to prove that the absence of adequate materials …

U.S. v. Pittman, No. CV 00-449-MA (D.Or.) (120 F.Supp.2d 1263) (November 15, 2000) (Judge Malcolm F. Marsh)

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

Filed under: Punch And Jurists

U.S. v. Pittman, No. CV 00-449-MA (D.Or.) (120 F.Supp.2d 1263) (November 15, 2000) (Judge Malcolm F. Marsh) by

King v. Morrison, No. 00-1533 (8th Cir.) (231 F.3d 1094) (November 7, 2000) (Judge Gerald W. Heaney)

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

Filed under: Punch And Jurists, Drug Testing/Treatment Programs

King v. Morrison, No. 00-1533 (8th Cir.) (231 F.3d 1094) (November 7, 2000) (Judge Gerald W. Heaney) by In Bellis v. Davis, 186 F.3d 1092 (8th Cir. 1999), the Eighth Circuit held that under 28 C.F.R. § 550.58 the Bureau of Prisons (BOP) had authority to exclude prisoners from participating …

U.S. v. Nance, No. 00-1836 (7th Cir.) (236 F.3d 820) (December 29, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Jurisdictional Defects

U.S. v. Nance, No. 00-1836 (7th Cir.) (236 F.3d 820) (December 29, 2000) (Judge Diane P. Wood) by Here the Court held that, under Apprendi, before a defendant can be sentenced above the default statutory maximum, the drug quantity must be charged in the indictment and found by the jury …

Harris v. U.S., No. Civ.A. 00-5294(JEI) (D.N.J.) (119 F.Supp.2d 458) (November 1, 2000) (Judge Joseph E. Irenas)

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

Filed under: Punch And Jurists

Harris v. U.S., No. Civ.A. 00-5294(JEI) (D.N.J.) (119 F.Supp.2d 458) (November 1, 2000) (Judge Joseph E. Irenas) by In this case, the defendant was originally convicted in the Eastern District of Virginia and was incarcerated at Fort Dix, NJ. His previous § 2255 motion had been denied, as was his …

Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott) by Here the Court vacated a murder conviction and ordered a new trial because the prosecution shirked its duty by ignoring, if not burying, potentially important exculpatory evidence …

Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott) by "Never has it been more true than it is now that a criminal charged with a serious crime understands that a fast and easy way out of …

U.S. v. Lawal, No. 00-1104 (7th Cir.) (231 F.3d 1045) (November 1, 2000) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Lawal, No. 00-1104 (7th Cir.) (231 F.3d 1045) (November 1, 2000) (Judge William J. Bauer) by Here, over the dissent of Judge Williams (which was not included in the Fed. Reporter), a majority of the panel held that a violation of the Vienna Convention on Consular Rights does …

U.S. v. Chavez, No. 00-1404 (8th Cir.) (230 F.3d 1089) (October 20, 2000) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists

U.S. v. Chavez, No. 00-1404 (8th Cir.) (230 F.3d 1089) (October 20, 2000) (Judge Roger L. Wollman) by The defendant in this case, a 41-year old man of Mexican descent, was sentenced to four concurrent life sentences for the illegal distribution of methamphetamine. On appeal, the Eighth Circuit affirmed the …

U.S. v. Jones, No. 97-1377 (10th Cir.) (235 F.3d 1231) (December 19, 2000) (Judge Carlos Lucero)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Jones, No. 97-1377 (10th Cir.) (235 F.3d 1231) (December 19, 2000) (Judge Carlos Lucero) by On June 29, 2000, three days after the Supreme Court’s landmark decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), the Supreme Court sent strong signals about the potential impact of Apprendi …

Platt v. Minnesota Mining & Mfg. Co., No. 113 (U.S. Supreme Court) (376 U.S. 240; 84 S.Ct. 769) (March 9, 2064) (Justice Clark)

Article • November 26, 2000

Filed under: Punch And Jurists, Venue - Change of

Platt v. Minnesota Mining & Mfg. Co., No. 113 (U.S. Supreme Court) (376 U.S. 240; 84 S.Ct. 769) (March 9, 2064) (Justice Clark) by In this case, the Court addressed a motion for transfer of venue that a corporate defendant filed in a criminal antitrust case. The Court endorsed a …

McDonough Power Equip., Inc. v. Greenwood, No. 82-958 (U.S. Supreme Court) (464 U.S. 548; 104 S.Ct. 845) (January 18, 1984) (Justice Rehnquist)

Article • November 21, 2000

Filed under: Punch And Jurists, Juror Competency/Inquiry Issues

McDonough Power Equip., Inc. v. Greenwood, No. 82-958 (U.S. Supreme Court) (464 U.S. 548; 104 S.Ct. 845) (January 18, 1984) (Justice Rehnquist) by In this case, after a products liability trial, the plaintiff discovered that one of the jurors had failed to respond to a question during voir dire about …

Cohen v. California, No. 299 (U.S. Supreme Court) (403 U.S. 15; 91 S.Ct. 1780) (June 7, 1971) (Justice Harlan)

Article • November 7, 2000

Filed under: Punch And Jurists, Fighting Words Doctrine

Cohen v. California, No. 299 (U.S. Supreme Court) (403 U.S. 15; 91 S.Ct. 1780) (June 7, 1971) (Justice Harlan) by In this case the Court held that "absent a more particularized and compelling reason for its actions, [a] State may not, consistently with the First and Fourteenth Amendments, make the …

Stinson v. U.S., No. 91-8685 (U.S. Supreme Court) (508 U.S. 36; 113 S.Ct. 1913) (May 3, 1993) (Justice Kennedy)

Article • November 6, 2000

Filed under: Punch And Jurists, Guideline Policy Statements/Commentary

Stinson v. U.S., No. 91-8685 (U.S. Supreme Court) (508 U.S. 36; 113 S.Ct. 1913) (May 3, 1993) (Justice Kennedy) by In this case the Supreme Court reviewed a decision of the Court of Appeals for the Eleventh Circuit holding that the commentary to the Sentencing Guidelines is not binding on …

Estelle v. Williams, No. 74-676 (U.S. Supreme Court) (425 U.S. 501; 96 S.Ct. 1691) (May 3, 1976) (Justice Burger)

Article • November 5, 2000

Filed under: Punch And Jurists, Prison Clothes

Estelle v. Williams, No. 74-676 (U.S. Supreme Court) (425 U.S. 501; 96 S.Ct. 1691) (May 3, 1976) (Justice Burger) by In this case, the Court established the principle that, generally, a criminal defendant "should not be compelled to go to trial in prison or jail clothing because of the possible …

Davis v. U.S., No. 92-1949 (U.S. Supreme Court) (512 U.S. 452; 114 S.Ct. 2350) (June 24, 1994) (Justice O'Connor)

Article • November 1, 2000

Filed under: Punch And Jurists, Miranda

Davis v. U.S., No. 92-1949 (U.S. Supreme Court) (512 U.S. 452; 114 S.Ct. 2350) (June 24, 1994) (Justice O'Connor) by Case held that after a knowing and voluntary waiver of rights under Miranda v. Arizona, 384 U.S. 436, law enforcement officers may continue questioning until and unless a suspect clearly …

U.S. v. Saffo, No. 99-6276 (10th Cir.) (227 F.3d 1260) (September 18, 2000) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Reasonable Cause to Believe Standard

U.S. v. Saffo, No. 99-6276 (10th Cir.) (227 F.3d 1260) (September 18, 2000) (Judge David M. Ebel) by Here the Court held that the "knowing or having reasonable cause to believe" standard in 21 USC § 841(c)(2) [formerly § 841(d)(2)] imposes "a constitutionally sufficient mens rea requirement.". Defendant appealed from …

U.S. v. Faasse, No. 98-2337 (6th Cir.) (227 F.3d 660) (September 25, 2000) (Judge Alice M. Batchelder)

Article • November 1, 2000 • from P&J September, 2000

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Faasse, No. 98-2337 (6th Cir.) (227 F.3d 660) (September 25, 2000) (Judge Alice M. Batchelder) by In this case, the Sixth Circuit departed company with most other Circuits that have ruled on the issue and held that Congress does not have the power under the Commerce Clause to …

U.S. v. Holt, No. 99-7150 (10th Cir.) (229 F.3d 931) (August 24, 2000) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Holt, No. 99-7150 (10th Cir.) (229 F.3d 931) (August 24, 2000) (Judge Mary Beck Briscoe) by Here, in a decision subsequently reversed by the en banc court at 264 F.3d 1215 (10th Cir. 2001), a divided panel upheld the suppression of evidence obtained as a result of questions …