Search | Punch and Jurists

LaJoie v. Thompson, No. 98-35919 (9th Cir.) (217 F.3d 663) (June 23, 2000) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Rape Shield Rule

LaJoie v. Thompson, No. 98-35919 (9th Cir.) (217 F.3d 663) (June 23, 2000) (Judge A. Wallace Tashima) by In this case the defendant appealed the denial of his petition for a writ of habeas corpus, challenging his conviction in Oregon for rape, sodomy, and sexual abuse of a minor child. …

U.S. v. Andreas, No. 99-3078 (7th Cir.) (216 F.3d 645) (June 26, 2000) (Judge Michael S. Kanne)

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

Filed under: Punch And Jurists, Antitrust Issues

U.S. v. Andreas, No. 99-3078 (7th Cir.) (216 F.3d 645) (June 26, 2000) (Judge Michael S. Kanne) by

U.S. v. Williams, No. 99-10295 (9th Cir.) (217 F.3d 751) (June 29, 2000) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists

U.S. v. Williams, No. 99-10295 (9th Cir.) (217 F.3d 751) (June 29, 2000) (Judge Henry A. Politz) by

U.S. v. Hicks, No. 99-10352 (9th Cir.) (217 F.3d 1038) (July 31, 2000) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Loss - Calculation/Determination of

U.S. v. Hicks, No. 99-10352 (9th Cir.) (217 F.3d 1038) (July 31, 2000) (Judge Susan P. Graber) by In assessing what losses could be used to calculate the defendant's adjusted offense level, the Court concluded as follows: "The Guidelines' 'relevant conduct' provision requires a defendant's sentence to be based on …

Spence v. Superintendent, Great Meadow Cor. Fac., No. 97-2945 (2nd Cir.) (219 F.3d 162) (July 18, 2000) (Judge Richard J. Cardamone)

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

Filed under: Punch And Jurists, Actual Innocence/Claim of Innocence

Spence v. Superintendent, Great Meadow Cor. Fac., No. 97-2945 (2nd Cir.) (219 F.3d 162) (July 18, 2000) (Judge Richard J. Cardamone) by In general, a habeas petitioner may not raise a procedurally defaulted claim, i.e., a claim not presented to the state court, unless he demonstrates cause for the default …

U.S. v. Rebmann, No. 98-6386 (6th Cir.) (226 F.3d 521) (August 28, 2000) (Judge Gilbert S. Merritt)

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

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Rebmann, No. 98-6386 (6th Cir.) (226 F.3d 521) (August 28, 2000) (Judge Gilbert S. Merritt) by Here the Sixth Circuit vacated a drug sentence based on the Supreme Court's ruling in Apprendi v. New Jersey, and while the facts were particularly harsh, the Court commented that Apprendi made …

U.S. v. Carmichael, No. 99-1119 (2nd Cir.) (216 F.3d 224) (June 15, 2000) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Effective Assistance of Counsel

U.S. v. Carmichael, No. 99-1119 (2nd Cir.) (216 F.3d 224) (June 15, 2000) (Judge Ralph K. Jr. Winter) by Here the Second Circuit again affirmed its rule that ineffective assistance of counsel is not a proper basis for a downward departure at sentencing, and instead held that the issue should …

U.S. v. Carlson, No. 00-1073 (8th Cir.) (217 F.3d 986) (July 10, 2000) (Judge George G. Fagg)

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

Filed under: Punch And Jurists, Firearms - Brandishing, Using, etc.

U.S. v. Carlson, No. 00-1073 (8th Cir.) (217 F.3d 986) (July 10, 2000) (Judge George G. Fagg) by This is one of the very first Circuit court cases to cite Apprendi v. New Jersey, even though that the time this case was argued, the Supreme Court had not yet released …

Buckley v. Fitzsimmons, No. 91-7849 (U.S. Supreme Court) (509 U.S. 259; 113 S.Ct. 2606) (June 24, 1993) (Justice Stevens)

Article • July 27, 2000

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Buckley v. Fitzsimmons, No. 91-7849 (U.S. Supreme Court) (509 U.S. 259; 113 S.Ct. 2606) (June 24, 1993) (Justice Stevens) by Case held that the doctrine of absolute immunity under § 1983 rests on the assumption that Congress did not intend to abolish certain well-established immunities recognized by the courts at …

Posters "N" Things, Ltd. v. U.S., No. 92-903 (U.S. Supreme Court) (511 U.S. 513; 114 S.Ct. 1747) (May 23, 1994) (Justice Blackmun)

Article • July 25, 2000

Filed under: Punch And Jurists, Vagueness/Overbreadth

Posters "N" Things, Ltd. v. U.S., No. 92-903 (U.S. Supreme Court) (511 U.S. 513; 114 S.Ct. 1747) (May 23, 1994) (Justice Blackmun) by Here the Court held that the provisions of the drug paraphernalia statute (formerly 21 USC § 857, now 21 USC § 863) were not unconstitutionally vague despite …

Weaver v. Graham, No. 79-5780 (U.S. Supreme Court) (450 U.S. 24; 101 S.Ct. 960) (February 24, 1981) (Justice Marshall)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Weaver v. Graham, No. 79-5780 (U.S. Supreme Court) (450 U.S. 24; 101 S.Ct. 960) (February 24, 1981) (Justice Marshall) by In this case, the Supreme Court considered a situation in which a Florida trial court sentenced the petitioner to 15 years in prison for second-degree murder at a time when …

Lynce v. Mathis, No. 95-7452 (U.S. Supreme Court) (519 U.S. 433; 117 S.Ct. 891) (February 19, 1997) (Justice Stevens)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Lynce v. Mathis, No. 95-7452 (U.S. Supreme Court) (519 U.S. 433; 117 S.Ct. 891) (February 19, 1997) (Justice Stevens) by In this case the Court again returned to an issue that has been the subject of many recent decisions, starting with Dobbert v. Florida, 432 U.S. 282 (1977), and continuing …

California Dep't of Corrections v. Morales, No. 93-1462 (U.S. Supreme Court) (514 U.S. 499; 115 S.Ct. 1597) (April 25, 1995) (Justice Thomas)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

California Dep't of Corrections v. Morales, No. 93-1462 (U.S. Supreme Court) (514 U.S. 499; 115 S.Ct. 1597) (April 25, 1995) (Justice Thomas) by In this case, the Court held that an amendment to California's parole procedures which decreased the frequency of parole hearings for certain offenders had not changed the …

Collins v. Youngblood, No. 89-742 (U.S. Supreme Court) (497 U.S. 37; 110 S.Ct. 2715) (June 21, 1990) (Justice Rehnquist)

Article • July 19, 2000

Filed under: Retroactivity, Punch And Jurists

Collins v. Youngblood, No. 89-742 (U.S. Supreme Court) (497 U.S. 37; 110 S.Ct. 2715) (June 21, 1990) (Justice Rehnquist) by In this case, the Court abandoned portions of its analysis in Weaver v. Graham, 450 U.S. 24, and Miller v. Florida, 482 U.S. 423 (1987), and narrowed the scope of …

Dobbert v. Florida, No. 76-5306 (U.S. Supreme Court) (432 U.S. 282; 97 S.Ct. 2290) (June 17, 1977) (Justice Rehnquist)

Article • July 19, 2000

Filed under: Punch And Jurists

Dobbert v. Florida, No. 76-5306 (U.S. Supreme Court) (432 U.S. 282; 97 S.Ct. 2290) (June 17, 1977) (Justice Rehnquist) by In this case, the Supreme Court the Court considered an ex post facto challenge to a statute that changed "the function of the judge and jury in the imposition of …

Ohler v. U.S., No. 98-9828 (U.S. Supreme Court) (529 U.S. 753; 120 S.Ct. 1851) (May 22, 2000) (Justice Rehnquist)

Article • July 19, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

Ohler v. U.S., No. 98-9828 (U.S. Supreme Court) (529 U.S. 753; 120 S.Ct. 1851) (May 22, 2000) (Justice Rehnquist) by In this important decision, which has so far escaped the notice of most commentators, a divided Supreme Court addressed an important issue dealing with the use of impeachment evidence under …

Burks v. U.S., No. 76-6528 (U.S. Supreme Court) (437 U.S. 1; 98 S.Ct. 2141) (June 14, 1978) (Justice Burger)

Article • July 19, 2000

Filed under: Punch And Jurists

Burks v. U.S., No. 76-6528 (U.S. Supreme Court) (437 U.S. 1; 98 S.Ct. 2141) (June 14, 1978) (Justice Burger) by The Court granted certiorari in this case to resolve the question of whether an accused may be subjected to a second trial when conviction in a prior trial was reversed …

Moody v. Daggett, No. 74-6632 (U.S. Supreme Court) (429 U.S. 78; 97 S.Ct. 274) (November 15, 1976) (Justice Burger)

Article • July 16, 2000

Filed under: Punch And Jurists, Detainers - Delays in executing

Moody v. Daggett, No. 74-6632 (U.S. Supreme Court) (429 U.S. 78; 97 S.Ct. 274) (November 15, 1976) (Justice Burger) by Case held that a decision on a parole revocation hearing that imposes a detainer on a Federal prisoner serving an active sentence may await the completion of the active sentence …

Alabama v. White, No. 89-789 (U.S. Supreme Court) (496 U.S. 325; 110 S.Ct. 2412) (June 11, 1990) (Justice White)

Article • July 10, 2000

Filed under: Punch And Jurists, Informants and Paid Witnesses

Alabama v. White, No. 89-789 (U.S. Supreme Court) (496 U.S. 325; 110 S.Ct. 2412) (June 11, 1990) (Justice White) by In this case the Court continued the approach it had taken in Illinois v. Gates, 462 U.S. 213 (1983) where it abandoned the formal, two-pronged test established in Aguilar v. …

U.S. v. Sun-Diamond Growers of Calif., No. 98-131 (U.S. Supreme Court) (526 U.S. 398; 119 S.Ct. 1402) (April 27, 1999) (Justice Scalia)

Article • July 8, 2000

Filed under: Punch And Jurists

U.S. v. Sun-Diamond Growers of Calif., No. 98-131 (U.S. Supreme Court) (526 U.S. 398; 119 S.Ct. 1402) (April 27, 1999) (Justice Scalia) by Here the Court held that an illegal gratuity under the Federal Anti-Gratuity Statute (18 USC § 201(c)(1)(A)) could not be proved by merely demonstrating that a thing …