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U.S. v. Lindberg, No. 99-10371 (9th Cir.) (220 F.3d 1120) (July 27, 2000) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

U.S. v. Lindberg, No. 99-10371 (9th Cir.) (220 F.3d 1120) (July 27, 2000) (Judge Michael Daly Hawkins) by Here the Ninth Circuit held that in order to recover legal fees under the Hyde Amendment (18 USC § 3006A) the defendant must show more than a successful litigant must show under …

U.S. v. Kelly, No. CR. 00-0652-R (S.D.Cal.) (105 F.Supp.2d 1107) (July 14, 2000) (Judge John S. Sr. Rhoades)

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

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Kelly, No. CR. 00-0652-R (S.D.Cal.) (105 F.Supp.2d 1107) (July 14, 2000) (Judge John S. Sr. Rhoades) by In this case, District Judge Rhoades acknowledged that Apprendi required the Court to “revisit” the issue of whether 21 U.S.C. § 841(b) sets forth sentencing factors for the judge to decide …

U.S. v. Vonn, No. 98-50385 (9th Cir.) (224 F.3d 1152) (September 14, 2000) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Failure to Address/Advise Defendant

U.S. v. Vonn, No. 98-50385 (9th Cir.) (224 F.3d 1152) (September 14, 2000) (Judge Alex Kozinski) by The issue addressed by the Court in this case was whether the defendant's conviction should be set aside because the district court failed to advise the defendant, at his plea allocution, of his …

Reno v. American-Arab Anti-Discrimination Committee, No. 97-1252 (U.S. Supreme Court) (525 U.S. 471; 119 S.Ct. 936) (February 24, 1999) (Justice Scalia)

Article • August 26, 2000

Filed under: Punch And Jurists, Illegal Immigration Reform Act of 1996 (IIRIRA)

Reno v. American-Arab Anti-Discrimination Committee, No. 97-1252 (U.S. Supreme Court) (525 U.S. 471; 119 S.Ct. 936) (February 24, 1999) (Justice Scalia) by Here the Court held that a provision of the IIRIRA (8 U.S.C. § 1252(g)) validly deprived federal courts of jurisdiction and thus any review powers over three discrete …

Wainwright v. Sykes, No. 75-1578 (U.S. Supreme Court) (433 U.S. 72; 97 S.Ct. 2497) (June 23, 1977) (Justice Rehnquist)

Article • August 26, 2000

Filed under: Punch And Jurists, Procedural Default/Error

Wainwright v. Sykes, No. 75-1578 (U.S. Supreme Court) (433 U.S. 72; 97 S.Ct. 2497) (June 23, 1977) (Justice Rehnquist) by In this case the Court considered the availability of federal habeas corpus relief to review a state convict's claim that testimony was admitted at his trial in violation of his …

Hughes v. Rowe, No. 79-6000 (U.S. Supreme Court) (449 U.S. 5; 101 S.Ct. 173) (November 10, 1980) (Per Curiam)

Article • August 21, 2000

Filed under: Punch And Jurists, Attorneys' Fees/Expenses

Hughes v. Rowe, No. 79-6000 (U.S. Supreme Court) (449 U.S. 5; 101 S.Ct. 173) (November 10, 1980) (Per Curiam) by Here the Court reversed a lower court's order requiring an inmate to pay $400 in attorneys' fees to the state for filing a frivolous civil rights action against prison officials, …

Minnesota v. Olson, No. 88-1916 (U.S. Supreme Court) (495 U.S. 91; 110 S.Ct. 1864) (April 18, 1990) (Justice White)

Article • August 19, 2000

Filed under: Punch And Jurists, Privacy Act/Rights

Minnesota v. Olson, No. 88-1916 (U.S. Supreme Court) (495 U.S. 91; 110 S.Ct. 1864) (April 18, 1990) (Justice White) by In this case, the Court held that overnight guests in the homes of third persons can have a reasonable expectation of privacy in those premises and this could challenge officers' …

Walder v. U.S., No. 121 (U.S. Supreme Court) (347 U.S. 62; 74 S.Ct. 354) (February 1, 2054) (Justice Frankfurter)

Article • August 17, 2000

Filed under: Punch And Jurists, Exclusionary Rule

Walder v. U.S., No. 121 (U.S. Supreme Court) (347 U.S. 62; 74 S.Ct. 354) (February 1, 2054) (Justice Frankfurter) by "In this drug case, the Court faced the issue of whether the exclusionary rule to the Fourth Amendment (first announced in Weeks v. U.S., 232 U.S. 383 (1914) and which …

Carlisle v. U.S., No. 94-9247 (U.S. Supreme Court) (517 U.S. 416; 116 S.Ct. 1460) (April 29, 1996) (Justice Scalia)

Article • August 10, 2000

Filed under: Punch And Jurists

Carlisle v. U.S., No. 94-9247 (U.S. Supreme Court) (517 U.S. 416; 116 S.Ct. 1460) (April 29, 1996) (Justice Scalia) by In this case, the Court was presented with a timing issue on a motion for acquittal - specifically whether a district court has authority to grant a postverdict motion for …

Carlisle v. U.S., No. 94-9247 (U.S. Supreme Court) (517 U.S. 416; 116 S.Ct. 1460) (April 29, 1996) (Justice Scalia)

Article • August 10, 2000

Filed under: Punch And Jurists

Carlisle v. U.S., No. 94-9247 (U.S. Supreme Court) (517 U.S. 416; 116 S.Ct. 1460) (April 29, 1996) (Justice Scalia) by In this case the Court observed, in dicta, that "it is difficult to conceive of a situation in a federal criminal case today where a writ of coram nobis would …

Lackey v. Texas, No. 94-8262 (U.S. Supreme Court) (514 U.S. 1045; 115 S.Ct. 1421) (March 27, 1995) (Per Curiam)

Article • August 8, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Lackey v. Texas, No. 94-8262 (U.S. Supreme Court) (514 U.S. 1045; 115 S.Ct. 1421) (March 27, 1995) (Per Curiam) by The memorandum opinion by Justice Stevens is one of the rare acknowledgements by any American judge that a lengthy delay in executing a prisoner constitutes cruel and unusual punishment. Case …

Austin v. U.S., No. 92-6073 (U.S. Supreme Court) (509 U.S. 602; 113 S.Ct. 2801) (June 28, 1993) (Justice Blackmun)

Article • August 3, 2000

Filed under: Punch And Jurists

Austin v. U.S., No. 92-6073 (U.S. Supreme Court) (509 U.S. 602; 113 S.Ct. 2801) (June 28, 1993) (Justice Blackmun) by In this seminal case, the Supreme Court held that civil forfeitures in drug cases are "punishment" and thus they are subject to the Excessive Fines Clause; although it declined to …

Schell v. Witek, No. 97-56197 (9th Cir.) (218 F.3d 1017) (July 11, 2000) (Judge Stephen S. Trott)

Article • August 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Conflict of Interest

Schell v. Witek, No. 97-56197 (9th Cir.) (218 F.3d 1017) (July 11, 2000) (Judge Stephen S. Trott) by Here, amending in minor respects a panel's decision, the Court held that the existence of a “toxic” conflict between a public defender and her client required a hearing to determine whether the …

U.S. v. Moss, No. 98-6042 (6th Cir.) (217 F.3d 426) (June 28, 2000) (Judge Denise Page Hood)