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Article • October 23, 2000
Filed under: Punch And Jurists, Secrecy
U.S. v. John Doe, Inc. I, No. 85-1613 (U.S. Supreme Court) (481 U.S. 102; 107 S.Ct. 1656) (April 21, 1987) (Justice Stevens) by The Court started its decision in this case by stating: "In United States v. Sells Engineering, Inc., 463 U.S. 418 (1983), we held that attorneys for the …
Article • October 21, 2000 • from P&J May, 1999
Lilly v. Virginia, No. 98-5881 (U.S. Supreme Court) (527 U.S. 116; 119 S.Ct. 1887) (June 10, 1999) (Justice Stevens) by In this case the Supreme Court addressed what it called "a significant departure from our Confrontation Clause jurisprudence." The petitioner, his brother, and a third defendant were arrested at the …
Article • October 18, 2000
Jones v. U.S., No. 99-8178 (U.S. Supreme Court) (530 U.S. 1271; 120 S.Ct. 2739) (June 29, 2000) (Per Curiam) by Apprendi v. New Jersey, 120 S.Ct. 2348 (2000) Jones v. New Jersey, 129 S.Ct. 2339 (2000) (Memorandum) The current term of the Supreme Court (which began on October 4, 1999) …
Article • October 16, 2000
Boykin v. Alabama, No. 642 (U.S. Supreme Court) (395 U.S. 238; 89 S.Ct. 1709) (June 2, 1969) (Justice Douglas) by In this case the Court observed: "A plea of guilty is more than a confession which admits that the accused did various acts; it is itself a conviction; nothing remains …
Article • October 14, 2000
Rinaldi v. U.S., No. 76-6194 (U.S. Supreme Court) (434 U.S. 22; 98 S.Ct. 81) (November 7, 1977) (Per Curiam) by In this case the Government filed a motion to dismiss the indictment pursuant to Fed Rule Crim Proc 48(a). Noting that the Rule requires "leave of court," the District Court …
Article • October 11, 2000
U.S. v. Bowman, No. 69 (U.S. Supreme Court) (260 U.S. 94; 43 S.Ct. 39) (November 13, 2022) (Justice Taft) by This case is noted for the broad framework adopted by the court for analyzing the extraterritorial effect of Federal criminal statutes, differentiating crimes against individuals or their property from crimes …
Article • October 7, 2000
Murphy v. Florida, No. 74-5116 (U.S. Supreme Court) (421 U.S. 794; 95 S.Ct. 2031) (June 16, 1975) (Justice Marshall) by In this case, the petitioner, who was convicted in state court of robbery, argued in his habeas corpus proceeding that he was denied a fair trial because jurors had learned …
Article • October 7, 2000
Irvin v. Dowd, No. 41 (U.S. Supreme Court) (366 U.S. 717; 81 S.Ct. 1639) (June 5, 2061) (Justice Clark) by Here the Court held that pretrial publicity that would inherently prejudice the jury pool can be discerned only by reviewing both the extent and nature of the publicity and the …
Article • October 3, 2000
Hutto v. Ross, No. 75-1726 (U.S. Supreme Court) (429 U.S. 28; 97 S.Ct. 202) (November 1, 1976) (Per Curiam) by Here the Court held that respondent's confession was not per se inadmissible as being involuntary merely because it was made as a result of an agreed-upon but unexecuted plea bargain …
Article • October 3, 2000
McCarthy v. U.S., No. 43 (U.S. Supreme Court) (394 U.S. 459; 89 S.Ct. 1166) (April 2, 1969) (Justice Warren) by This is the Supreme Court's seminal case on Rule 11 of the Fed.R.Crim.P., and is spelled out the procedures that must be followed under Rule 11 before a United States …
Article • October 2, 2000
Turner v. Murray, No. 88-6646 (U.S. Supreme Court) (476 U.S. 28; 106 S.Ct. 1683) (April 30, 1986) (Justice White) by In this case, the petitioner, a black man, was indicted in Virginia on charges of capital murder for fatally shooting the white proprietor of a jewelry store in the course …
Article • October 1, 2000 • from P&J October, 2000
U.S. v. Valensia, No. 99-10170 (9th Cir.) (222 F.3d 1173) (August 1, 2000) (Judge Arthur L. Alarcon) by This case dealt with the burden of proof required under the Guidelines in light of Apprendi. In a detailed analysis of that issue, the Ninth Circuit concluded that "[w]hile we have recognized …
Article • October 1, 2000 • from P&J October, 2000
Filed under: RICO, Punch And Jurists
U.S. v. Corrado, No. 98-2315 (6th Cir.) (227 F.3d 543) (September 27, 2000) (Judge Harry W. Wellford) by This case involved a 25-count RICO indictment against 17 defendants who were accused of various criminal acts arising out of their alleged involvement in the Detroit branch of the national Mafia organization …
Article • October 1, 2000 • from P&J October, 2000
U.S. v. Bowens, No. 99-4060 (4th Cir.) (224 F.3d 302) (August 18, 2000) (Judge M. Blane Michael) by Here the Court held than an unpreserved error arising from the district court's imposition of a sentence based on crack cocaine as the most heavily punishable object of the drug conspiracy would …
Article • October 1, 2000 • from P&J October, 2000
Filed under: Punch And Jurists
Doe v. U.S., No. Civ.A. 99-912 (D.N.J.) (112 F.Supp.2d 398) (August 23, 2000) (Judge Alfred M. Wolin) by Here, the district court permitted an amendment, filed beyond the one-year statute of limitations, of a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, implicitly finding that …
Article • October 1, 2000 • from P&J October, 2000
U.S. v. Chaparro-Alcantara, No. 99-2721 (7th Cir.) (226 F.3d 616) (August 21, 2000) (Judge Kenneth F. Ripple) by Here the 7th Circuit joined most of the other Circuits in holding that the failure to tell an alien of his rights to contact his consulate, as specified in the Vienna Convention, …
Article • October 1, 2000 • from P&J October, 2000
U.S. v. Scheele, No. 99-30388 (9th Cir.) (231 F.3d 492) (November 2, 2000) (Judge Stephen Reinhardt) by This case presents a compelling argument for the minority view among the Circuits that there are burden of proof limits on the uninhibited use of "judicial estimates" when determining the amount of drugs …
Article • October 1, 2000 • from P&J October, 2000
U.S. v. Doggett, No. 99-50380 (5th Cir.) (230 F.3d 160) (October 6, 2000) (Judge Fortunato P. Benavides) by The two defendants in this case, Rodney Sloan Doggett and Dunois "Dee" T. Beman, were indicted for conspiracy to manufacture an unspecified quantity of methamphetamine, in violation of 21 U.S.C. §§ 841(a) …
Article • October 1, 2000 • from P&J November, 2000
U.S. v. Thompson, No. 00-1161 (2nd Cir.) (227 F.3d 43) (September 25, 2000) (Judge Jose A. Cabranes) by Here the Court held that there was no error under USSG § 5E1.2 when the district court court imposed a $5,000 fine on an indigent defendant who was sentenced to 10 years …
Article • October 1, 2000 • from P&J November, 2000
U.S. v. Payne, No. 99-3458 (7th Cir.) (226 F.3d 792) (September 1, 2000) (Judge Ilana Diamond Rovner) by
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