Search | Punch and Jurists

Brown v. Texas, No. 77-6673 (U.S. Supreme Court) (443 U.S. 47; 99 S.Ct. 2637) (June 25, 1979) (Justice Burger)

Article • July 4, 2000

Filed under: Punch And Jurists, Reasonable Suspicion

Brown v. Texas, No. 77-6673 (U.S. Supreme Court) (443 U.S. 47; 99 S.Ct. 2637) (June 25, 1979) (Justice Burger) by In this case the Court reversed the conviction of a person who refused to identify himself to police when stopped because the officers lacked any reasonable suspicion to believe that …

U.S. v. Granderson, No. 92-1662 (U.S. Supreme Court) (511 U.S. 39; 114 S.Ct. 1259) (March 22, 1994) (Justice Ginsburg)

Article • July 3, 2000

Filed under: Punch And Jurists, Sentences - Authorized

U.S. v. Granderson, No. 92-1662 (U.S. Supreme Court) (511 U.S. 39; 114 S.Ct. 1259) (March 22, 1994) (Justice Ginsburg) by As stated by Justice Ginsberg, in her opinion, "This case presents a question of statutory interpretation regarding revocation of a federal sentence of probation. The law at issue provides that …

Pennsylvania v. Labron, No. 95-1691 (U.S. Supreme Court) (518 U.S. 938; 116 S.Ct. 2485) (July 1, 1996) (Per Curiam)

Article • July 3, 2000

Filed under: Punch And Jurists, Searches - Automobile

Pennsylvania v. Labron, No. 95-1691 (U.S. Supreme Court) (518 U.S. 938; 116 S.Ct. 2485) (July 1, 1996) (Per Curiam) by Here the Court held that if a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits the police to search the vehicle …

Masciale v. U.S., No. 84 (U.S. Supreme Court) (356 U.S. 386; 78 S.Ct. 827) (May 19, 2058) (Justice Warren)

Article • July 3, 2000

Filed under: Punch And Jurists

Masciale v. U.S., No. 84 (U.S. Supreme Court) (356 U.S. 386; 78 S.Ct. 827) (May 19, 2058) (Justice Warren) by This case was decided on the same day as Sherman v. U.S., 356 U.S. 369 (1958) - and the Court stated that it raised the same issue, namely "Should petitioner's …

Pierce v. Underwood, No. 86-1512 (U.S. Supreme Court) (487 U.S. 552; 108 S.Ct. 2541) (June 27, 1988) (Justice Scalia)

Article • July 3, 2000

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

Pierce v. Underwood, No. 86-1512 (U.S. Supreme Court) (487 U.S. 552; 108 S.Ct. 2541) (June 27, 1988) (Justice Scalia) by Here the Court established the factors to be used in fixing attorneys' fees under the Equal Access to Justice Act (28 USC § 2412(d)) and held that a district court's …

Sabbath v. U.S., No. 898 (U.S. Supreme Court) (391 U.S. 585; 88 S.Ct. 1755) (June 3, 2068) (Justice Marshall)

Article • July 3, 2000

Filed under: Punch And Jurists, Searches - Knock and Announce

Sabbath v. U.S., No. 898 (U.S. Supreme Court) (391 U.S. 585; 88 S.Ct. 1755) (June 3, 2068) (Justice Marshall) by In this case the Court firmly rejected the Government's contention that it had not violated the knock-and-announce statute because it had used no force in obtaining entry into the petitioner's …

Griffin v. California, No. 202 (U.S. Supreme Court) (380 U.S. 609; 85 S.Ct. 1229) (April 28, 2065) (Justice Douglas)

Article • July 2, 2000

Filed under: Punch And Jurists, Comments on Defendant's Silence

Griffin v. California, No. 202 (U.S. Supreme Court) (380 U.S. 609; 85 S.Ct. 1229) (April 28, 2065) (Justice Douglas) by Here the Court held that the Fifth Amendment, in its direct application to the Federal Government, and in its bearing on the States by reason of the Fourteenth Amendment, forbids …

Godinez v. Moran, No. 92-715 (U.S. Supreme Court) (509 U.S. 389; 113 S.Ct. 2680) (June 24, 1993) (Justice Thomas)

Article • July 2, 2000

Filed under: Punch And Jurists, Pro Se Issues

Godinez v. Moran, No. 92-715 (U.S. Supreme Court) (509 U.S. 389; 113 S.Ct. 2680) (June 24, 1993) (Justice Thomas) by Here the Court rejected the notion that a defendant who represents himself must have greater powers of comprehension, judgment, and reason than would be necessary to stand trial with the …

Nichols v. U.S., No. 92-8556 (U.S. Supreme Court) (511 U.S. 738; 114 S.Ct. 1921) (June 6, 1994) (Justice Rehnquist)

Article • July 2, 2000

Filed under: Punch And Jurists, Misdemeanor Offenses

Nichols v. U.S., No. 92-8556 (U.S. Supreme Court) (511 U.S. 738; 114 S.Ct. 1921) (June 6, 1994) (Justice Rehnquist) by In this case, after petitioner Nichols pleaded guilty to federal felony drug charges, he was assessed criminal history points under the United States Sentencing Guidelines, including one point for a …

Harrison v. U.S., No. 876 (U.S. Supreme Court) (392 U.S. 219; 88 S.Ct. 2008) (June 10, 2068) (Justice Stewart)

Article • July 2, 2000

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Harrison v. U.S., No. 876 (U.S. Supreme Court) (392 U.S. 219; 88 S.Ct. 2008) (June 10, 2068) (Justice Stewart) by In allocating the burden of proof, the Court reasoned, "having 'released the spring' by using the petitioner's unlawfully obtained confessions against him, the Government must show that its illegal action …

Baldasar v. Illinois, No. 77-6219 (U.S. Supreme Court) (446 U.S. 222; 100 S.Ct. 1585) (April 22, 1980) (Per Curiam)

Article • July 2, 2000

Filed under: Punch And Jurists, Misdemeanor Offenses

Baldasar v. Illinois, No. 77-6219 (U.S. Supreme Court) (446 U.S. 222; 100 S.Ct. 1585) (April 22, 1980) (Per Curiam) by Here a divided court held that the Constitution prohibits a sentencing court from considering a defendant's previous uncounseled misdemeanor conviction in sentencing him for a subsequent offense. One year after …

Calero-Toledo v. Pearson Yacht Leasing Co., No. 73-157 (U.S. Supreme Court) (416 U.S. 663; 94 S.Ct. 2080) (May 15, 1974) (Justice Brennan)

Article • July 2, 2000

Filed under: Punch And Jurists

Calero-Toledo v. Pearson Yacht Leasing Co., No. 73-157 (U.S. Supreme Court) (416 U.S. 663; 94 S.Ct. 2080) (May 15, 1974) (Justice Brennan) by In this forfeiture case, the Court concluded that the mobility of the property seized - a yacht - that "could be removed to another jurisdiction, destroyed, or …

Keeble v. U.S., No. 72-5323 (U.S. Supreme Court) (412 U.S. 205; 93 S.Ct. 1993) (May 29, 1973) (Justice Brennan)

Article • July 2, 2000

Filed under: Punch And Jurists

Keeble v. U.S., No. 72-5323 (U.S. Supreme Court) (412 U.S. 205; 93 S.Ct. 1993) (May 29, 1973) (Justice Brennan) by Case established principle that, regardless of the weight of the evidence, a defendant is entitled to a jury instruction on a lesser included offense if the evidence would allow a …

Rewis v. U.S., No. 5343 (U.S. Supreme Court) (401 U.S. 808; 91 S.Ct. 1056) (April 5, 1971) (Justice Marshall)

Article • July 2, 2000

Filed under: Punch And Jurists, Vagueness/Overbreadth

Rewis v. U.S., No. 5343 (U.S. Supreme Court) (401 U.S. 808; 91 S.Ct. 1056) (April 5, 1971) (Justice Marshall) by The defendants in this case were convicted of violating the Travel Act, 18 U.S.C. 1952, which prohibits interstate travel in furtherance of certain criminal activity. Their convictions arose from a …

U.S. v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White)

Article • July 2, 2000

Filed under: Punch And Jurists, Searches - Home/Curtilage

U.S. v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White) by Here the Court held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home since there was …

Morissette v. U.S., No. 12 (U.S. Supreme Court) (342 U.S. 246; 72 S.Ct. 240) (January 7, 2052) (Justice Jackson)

Article • July 2, 2000

Filed under: Punch And Jurists

Morissette v. U.S., No. 12 (U.S. Supreme Court) (342 U.S. 246; 72 S.Ct. 240) (January 7, 2052) (Justice Jackson) by In this case the Court interpreted 18 U.S.C. § 641 which sactions anyone who "embezzles, steals, purloins, or knowingly converts . . . any record, voucher, money or thing of …

Berkovitz v. U.S., No. 87-498 (U.S. Supreme Court) (486 U.S. 531; 108 S.Ct. 1954) (June 13, 1988) (Justice Marshall)

Article • July 2, 2000

Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)

Berkovitz v. U.S., No. 87-498 (U.S. Supreme Court) (486 U.S. 531; 108 S.Ct. 1954) (June 13, 1988) (Justice Marshall) by This case is one of a trilogy of cases that set forth the analytical framework of the "discretionary function" exception set forth in the Federal Tort Claims Act (FTCA). (See, …

U.S. v. Gaubert, No. 89-1793 (U.S. Supreme Court) (499 U.S. 315; 111 S.Ct. 1267) (March 26, 1991) (Justice White)

Article • July 2, 2000

Filed under: Punch And Jurists, Federal Tort Claims Act (FTCA)

U.S. v. Gaubert, No. 89-1793 (U.S. Supreme Court) (499 U.S. 315; 111 S.Ct. 1267) (March 26, 1991) (Justice White) by In this case the Court upheld the vailidity of the so-called discretionary function exception to the FTCA which preculdes Government liability for failure to perform a discretionary function, whether or …

Hopkins v. Reeves, No. 96-1693 (U.S. Supreme Court) (524 U.S. 88; 118 S.Ct. 1895) (June 8, 1998) (Justice Thomas)

Article • July 1, 2000

Filed under: Punch And Jurists

Hopkins v. Reeves, No. 96-1693 (U.S. Supreme Court) (524 U.S. 88; 118 S.Ct. 1895) (June 8, 1998) (Justice Thomas) by In Beck v Alabama, 447 US 625 (1980), the Supreme Court held unconstitutional a state statute that prohibited lesser included offense instructions in capital cases, when lesser included offenses to …

Arizona v. Washington, No. 76-1168 (U.S. Supreme Court) (434 U.S. 497; 98 S.Ct. 824) (February 21, 1978) (Justice Stevens)

Article • July 1, 2000

Filed under: Punch And Jurists

Arizona v. Washington, No. 76-1168 (U.S. Supreme Court) (434 U.S. 497; 98 S.Ct. 824) (February 21, 1978) (Justice Stevens) by Here, even though the Court agreed that a mistrial ordered by the state court was not "necessary", it nevertheless concluded that the defendant's Double Jeopardy rights would not be violated …