Search | Punch and Jurists

California v. Ciraolo, No. 84-1513 (U.S. Supreme Court) (476 U.S. 207; 106 S.Ct. 1809) (May 19, 1986) (Justice Burger)

Article • June 30, 2000

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

California v. Ciraolo, No. 84-1513 (U.S. Supreme Court) (476 U.S. 207; 106 S.Ct. 1809) (May 19, 1986) (Justice Burger) by The Court observed that the fact that "the observation from [the] aircraft was directed at identifying the plants and the officers were trained to recognize marijuana [was] irrelevant." (Id., at …

Standefer v. U.S., No. 79-383 (U.S. Supreme Court) (447 U.S. 10; 100 S.Ct. 1999) (June 9, 1980) (Justice Burger)

Article • June 30, 2000

Filed under: Punch And Jurists

Standefer v. U.S., No. 79-383 (U.S. Supreme Court) (447 U.S. 10; 100 S.Ct. 1999) (June 9, 1980) (Justice Burger) by In this case, the petitioner was indicted for, inter alia, aiding and abetting a named Internal Revenue Service agent in accepting unlawful compensation, in violation of 26 USC § 7214(a)(2) …

Chandler v. Florida, No. 79-1260 (U.S. Supreme Court) (449 U.S. 560; 101 S.Ct. 802) (January 26, 1981) (Justice Burger)

Article • June 30, 2000

Filed under: Punch And Jurists, Publicity - Prejudicial

Chandler v. Florida, No. 79-1260 (U.S. Supreme Court) (449 U.S. 560; 101 S.Ct. 802) (January 26, 1981) (Justice Burger) by In this case the Court held that an absolute constitutional ban on broadcast coverage of trials cannot be justified simply because there is a danger that, in some cases, conduct …

Tate v. Short, No. 324 (U.S. Supreme Court) (401 U.S. 395; 91 S.Ct. 668) (March 2, 1971) (Justice Brennan)

Article • June 30, 2000

Filed under: Punch And Jurists, Ability to Pay

Tate v. Short, No. 324 (U.S. Supreme Court) (401 U.S. 395; 91 S.Ct. 668) (March 2, 1971) (Justice Brennan) by Here the Court held that the State cannot "impos[e] a fine as a sentence and then automatically conver[t] it into a jail term solely because the defendant is indigent and …

Williams v. Illinois, No. 1089 (U.S. Supreme Court) (399 U.S. 235; 90 S.Ct. 2018) (June 29, 1970) (Justice Burger)

Article • June 30, 2000

Filed under: Punch And Jurists, Ability to Pay

Williams v. Illinois, No. 1089 (U.S. Supreme Court) (399 U.S. 235; 90 S.Ct. 2018) (June 29, 1970) (Justice Burger) by In his opinion in this case, Justice Burger stated: "This appeal from Illinois presents an important question involving a claim of discriminatory treatment based upon financial inability to pay a …

Davis v. U.S., No. 71-6481 (U.S. Supreme Court) (411 U.S. 233; 93 S.Ct. 1577) (April 17, 1973) (Justice Rehnquist)

Article • June 29, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

Davis v. U.S., No. 71-6481 (U.S. Supreme Court) (411 U.S. 233; 93 S.Ct. 1577) (April 17, 1973) (Justice Rehnquist) by Here a divided Supreme Court held that the waiver standard set forth in Fed.R.Crim.P. 12(b)(2) bars an untimely claim of grand jury discrimination, not only during the criminal proceeding, but …

Torres v. Oakland Scavenger Co., No. 86-1845 (U.S. Supreme Court) (487 U.S. 312; 108 S.Ct. 2405) (June 24, 1988) (Justice Marshall)

Article • June 29, 2000

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Torres v. Oakland Scavenger Co., No. 86-1845 (U.S. Supreme Court) (487 U.S. 312; 108 S.Ct. 2405) (June 24, 1988) (Justice Marshall) by The issue addressed by the Court in this case was whether a federal appellate court has jurisdiction over a party who was not specified in the notice of …

Ross v. Oklahoma, No. 86-5309 (U.S. Supreme Court) (487 U.S. 81; 108 S.Ct. 2273) (June 22, 1988) (Justice Rehnquist)

Article • June 29, 2000

Filed under: Punch And Jurists, Peremptory Challenges

Ross v. Oklahoma, No. 86-5309 (U.S. Supreme Court) (487 U.S. 81; 108 S.Ct. 2273) (June 22, 1988) (Justice Rehnquist) by Here the Court ruled that the trial court's failure to remove a juror for cause did not abridge petitioner's Fourteenth Amendment right to due process by arbitrarily depriving him of …

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White)

Article • June 29, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White) by In this case the Court held that a three-year preindictment delay was not violative of Due Process - and since then most courts have interpreted this decision as erecting a …

U.S. v. Raddatz, No. 79-8 (U.S. Supreme Court) (447 U.S. 667; 100 S.Ct. 2406) (June 23, 1980) (Justice Burger)

Article • June 29, 2000

Filed under: Punch And Jurists, Informer's Privilege

U.S. v. Raddatz, No. 79-8 (U.S. Supreme Court) (447 U.S. 667; 100 S.Ct. 2406) (June 23, 1980) (Justice Burger) by While the Supreme Court has never considered a case where a district judge rejected a credibility finding of a magistrate judge without hearing the witness whose testimony was disputed or …

Colorado v. Connelly, No. 85-660 (U.S. Supreme Court) (479 U.S. 157; 107 S.Ct. 515) (December 10, 1986) (Justice Rehnquist)

Article • June 28, 2000

Filed under: Punch And Jurists

Colorado v. Connelly, No. 85-660 (U.S. Supreme Court) (479 U.S. 157; 107 S.Ct. 515) (December 10, 1986) (Justice Rehnquist) by In this case the Supreme Court redefined the circumstances test used to determine the voluntariness of a confession - holding that "coercive police activity is a necessary predicate to the …

Swain v. Alabama, No. 64 (U.S. Supreme Court) (380 U.S. 202; 85 S.Ct. 824) (March 8, 2065) (Justice White)

Article • June 26, 2000

Filed under: Punch And Jurists, Bias/Discrimination

Swain v. Alabama, No. 64 (U.S. Supreme Court) (380 U.S. 202; 85 S.Ct. 824) (March 8, 2065) (Justice White) by In this case the Court sought to accommodate both the prosecutor's privilege of peremptorily challenging jurors and the newly promogulated constitutional prohibition against exclusion of jurors because of race. (See …

Arave v. Creech, No. 91-1160 (U.S. Supreme Court) (507 U.S. 463; 113 S.Ct. 1534) (March 30, 1993) (Justice O'Connor)

Article • June 26, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Arave v. Creech, No. 91-1160 (U.S. Supreme Court) (507 U.S. 463; 113 S.Ct. 1534) (March 30, 1993) (Justice O'Connor) by The respondent in this case beat and kicked to death a fellow inmate at the Idaho State Penitentiary. He pleaded guilty to first-degree murder and was sentenced to death. The …

U.S. v. Taylor, No. 87-573 (U.S. Supreme Court) (487 U.S. 326; 108 S.Ct. 2413) (June 24, 1988) (Justice Blackmun)

Article • June 26, 2000

Filed under: Punch And Jurists, Dismissal

U.S. v. Taylor, No. 87-573 (U.S. Supreme Court) (487 U.S. 326; 108 S.Ct. 2413) (June 24, 1988) (Justice Blackmun) by Under the provisions of 18 U.S.C. § 3162(a)(2), dismissal of an indictment is required for any violation of the Speedy Trial Act - and the only question for the courts …

Schad v. Arizona, No. 90-5551 (U.S. Supreme Court) (501 U.S. 624; 111 S.Ct. 2491) (June 21, 1991) (Justice Souter)

Article • June 25, 2000

Filed under: Punch And Jurists

Schad v. Arizona, No. 90-5551 (U.S. Supreme Court) (501 U.S. 624; 111 S.Ct. 2491) (June 21, 1991) (Justice Souter) by In this case, a four-Justice plurality concluded that when a statute enumerates alternative routes for its violation, whether jurors must be unanimous with respect to a particular route depends on …

Gray v. Maryland, No. 96-8653 (U.S. Supreme Court) (523 U.S. 185; 118 S.Ct. 1151) (February 9, 1998) (Justice Breyer)

Article • June 25, 2000

Filed under: Punch And Jurists, Bruton Error

Gray v. Maryland, No. 96-8653 (U.S. Supreme Court) (523 U.S. 185; 118 S.Ct. 1151) (February 9, 1998) (Justice Breyer) by Here the court held that confessions otherwise barred by the Bruton rule would not be permitted if they are redacted in a manner that leads the jury to easily draw …

Mireles v. Waco, No. 91-311 (U.S. Supreme Court) (502 U.S. 9; 112 S.Ct. 286) (October 21, 1991) (Per Curiam)

Article • June 25, 2000

Filed under: Punch And Jurists, Immunity - Judicial

Mireles v. Waco, No. 91-311 (U.S. Supreme Court) (502 U.S. 9; 112 S.Ct. 286) (October 21, 1991) (Per Curiam) by The Court concluded that whether an act is judicial depends on "the 'nature' and 'function' of the act, not the act itself." (Id., at 13). Here the Court held that …

U.S. v. Jacobsen, No. 82-1167 (U.S. Supreme Court) (466 U.S. 109; 104 S.Ct. 1652) (April 2, 1984) (Justice Stevens)

Article • June 25, 2000

Filed under: Punch And Jurists, Searches - Containers/Luggage

U.S. v. Jacobsen, No. 82-1167 (U.S. Supreme Court) (466 U.S. 109; 104 S.Ct. 1652) (April 2, 1984) (Justice Stevens) by In this case, the Court addressed two issues: whether law enforcement officers may conduct a warrantless search of the contents of a container merely because a private party has previously …

Jurek v. Texas, No. 75-5394 (U.S. Supreme Court) (428 U.S. 262; 96 S.Ct. 2950) (July 2, 1976) (Justice Stevens)

Article • June 24, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Cruel and Unusual Punishment

Jurek v. Texas, No. 75-5394 (U.S. Supreme Court) (428 U.S. 262; 96 S.Ct. 2950) (July 2, 1976) (Justice Stevens) by This case, decided on the same day as Gregg v. Georgia, affirmed that the death penalty, per se, does not violate the cruel and unusual punishment clause of the Constitution …

U.S. v. Sokolow, No. 87-1295 (U.S. Supreme Court) (490 U.S. 1; 109 S.Ct. 1581) (April 3, 1989) (Justice Rehnquist)

Article • June 24, 2000

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Sokolow, No. 87-1295 (U.S. Supreme Court) (490 U.S. 1; 109 S.Ct. 1581) (April 3, 1989) (Justice Rehnquist) by Court held that in evaluating the validity of an investigative detention, the courts must consider "the totality if the circumstances - the whole picture" (id., at 7) - but the …