Search | Punch and Jurists

Lindh v. Murphy, No. 96-6298 (U.S. Supreme Court) (521 U.S. 320; 117 S.Ct. 2059) (June 23, 1997) (Justice Souter)

Article • June 24, 2000

Filed under: Retroactivity, Punch And Jurists

Lindh v. Murphy, No. 96-6298 (U.S. Supreme Court) (521 U.S. 320; 117 S.Ct. 2059) (June 23, 1997) (Justice Souter) by In this case the Supreme Court applied and clarified its holding in Landgraf v. USI Film Products, 511 U.S. 244 (1994) concerning retroactivity. The Court held that a statute does …

Ortega-Rodriguez v. U.S., No. 91-7749 (U.S. Supreme Court) (507 U.S. 234; 113 S.Ct. 1199) (March 8, 1993) (Justice Stevens)

Article • June 24, 2000

Filed under: Punch And Jurists, Fugitives/Fugitive Disentitlement

Ortega-Rodriguez v. U.S., No. 91-7749 (U.S. Supreme Court) (507 U.S. 234; 113 S.Ct. 1199) (March 8, 1993) (Justice Stevens) by In this case, the Court considered certain limitations on the fugitive disentitlement doctrine, holding that, in general, a court of appeals may not dismiss an appeal based on a defendant's …

Nix v. Williams, No. 82-1651 (U.S. Supreme Court) (467 U.S. 431; 104 S.Ct. 2501) (June 11, 1984) (Justice Burger)

Article • June 24, 2000

Filed under: Punch And Jurists, Inevitable Discovery Doctrine

Nix v. Williams, No. 82-1651 (U.S. Supreme Court) (467 U.S. 431; 104 S.Ct. 2501) (June 11, 1984) (Justice Burger) by Case held that the inevitably of discovering evidence by lawful means removes the taint from evidence first discovered through unlawful means. The defendant Williams was arrested for the murder of …

Patterson v. Illinois, No. 86-7059 (U.S. Supreme Court) (487 U.S. 285; 108 S.Ct. 2389) (June 24, 1988) (Justice White)

Article • June 24, 2000

Filed under: Punch And Jurists, Miranda

Patterson v. Illinois, No. 86-7059 (U.S. Supreme Court) (487 U.S. 285; 108 S.Ct. 2389) (June 24, 1988) (Justice White) by Here the Court held that once an accused "knowingly and intelligently" elects to proceed without counsel, the uncounseled statements he then makes need not be excluded at trial; and it …

Turner v. U.S., No. 190 (U.S. Supreme Court) (396 U.S. 398; 90 S.Ct. 642) (January 20, 1970) (Justice White)

Article • June 24, 2000

Filed under: Punch And Jurists

Turner v. U.S., No. 190 (U.S. Supreme Court) (396 U.S. 398; 90 S.Ct. 642) (January 20, 1970) (Justice White) by QUOTE OF THE WEEK - "The Framers of our Constitution and Bill of Rights were too wise, too pragmatic, and too familiar with tyranny to attempt to safeguard personal liberty …

Turner v. U.S., No. 190 (U.S. Supreme Court) (396 U.S. 398; 90 S.Ct. 642) (January 20, 1970) (Justice White)

Article • June 24, 2000

Filed under: Punch And Jurists, Simple Possession/Personal Use versus Distribution

Turner v. U.S., No. 190 (U.S. Supreme Court) (396 U.S. 398; 90 S.Ct. 642) (January 20, 1970) (Justice White) by This case is particularly noted for Justice Black's dissent, in which he observed: "The Framers of our Constitution and Bill of Rights were too wise, too pragmatic, and too familiar …

Farrar v. Hobby, No. 91-990 (U.S. Supreme Court) (506 U.S. 103; 113 S.Ct. 566) (December 14, 1992) (Justice Thomas)

Article • June 24, 2000

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

Farrar v. Hobby, No. 91-990 (U.S. Supreme Court) (506 U.S. 103; 113 S.Ct. 566) (December 14, 1992) (Justice Thomas) by Here the Court held that although a plaintiff who wins nominal damages under 42 USC § 1983 is the "prevailing party", that does not automatically establish a right to receive …

Dowling v. U.S., No. 88-6025 (U.S. Supreme Court) (493 U.S. 342; 110 S.Ct. 668) (January 10, 1990) (Justice White)

Article • June 24, 2000

Filed under: Punch And Jurists, Acquitted Conduct/Uncharged Crimes/Dismissed Counts

Dowling v. U.S., No. 88-6025 (U.S. Supreme Court) (493 U.S. 342; 110 S.Ct. 668) (January 10, 1990) (Justice White) by In this case the Court held that evidence of an alleged offense that the defendant had been acquitted of committing could nonetheless be admitted under Rule 404(b) in a subsequent …

Whren v. U.S., No. 95-5841 (U.S. Supreme Court) (517 U.S. 806; 116 S.Ct. 1769) (June 10, 1996) (Justice Scalia)

Article • June 24, 2000

Filed under: Punch And Jurists, Searches - Automobile

Whren v. U.S., No. 95-5841 (U.S. Supreme Court) (517 U.S. 806; 116 S.Ct. 1769) (June 10, 1996) (Justice Scalia) by Case essentially upheld the validity of a pretextual traffic stop based on an infraction of some minor traffic offense even when the main goal is to search for contraband when …

Schneckloth v. Bustamonte, No. 71-732 (U.S. Supreme Court) (412 U.S. 218; 93 S.Ct. 2041) (May 29, 1973) (Justice Stewart)

Article • June 24, 2000

Filed under: Punch And Jurists, Consent

Schneckloth v. Bustamonte, No. 71-732 (U.S. Supreme Court) (412 U.S. 218; 93 S.Ct. 2041) (May 29, 1973) (Justice Stewart) by In this case the Court established a "totality of circumstances" test to determine whether a defendant's consent to a search, if given at all, was voluntary and not the product …

Hernandez v. New York, No. 89-7654 (U.S. Supreme Court) (500 U.S. 352; 111 S.Ct. 1859) (May 28, 1991) (Justice Kennedy)

Article • June 24, 2000

Filed under: Punch And Jurists, Batson Claims

Hernandez v. New York, No. 89-7654 (U.S. Supreme Court) (500 U.S. 352; 111 S.Ct. 1859) (May 28, 1991) (Justice Kennedy) by In this case the Court first outlined a three-step process for evaluating a Batson claim [Batson v. Kentucky, 476 U.S. 79 (1986)]: (1) the defendant must make a prima …

U.S. v. Cabrales, No. 97-643 (U.S. Supreme Court) (524 U.S. 1; 118 S.Ct. 1772) (June 1, 1998) (Justice Ginsburg)

Article • June 23, 2000 • from P&J May, 1998

Filed under: Punch And Jurists, Money Laundering/Structuring

U.S. v. Cabrales, No. 97-643 (U.S. Supreme Court) (524 U.S. 1; 118 S.Ct. 1772) (June 1, 1998) (Justice Ginsburg) by In this case the Supreme Court issued an important decision involving the proper venue for money laundering cases. The money laundering alleged in the indictment occurred entirely in Florida. The …

U.S. v. LaBonte, No. 95-1726 (U.S. Supreme Court) (520 U.S. 751; 117 S.Ct. 1673) (May 27, 1997) (Justice Thomas)

Article • June 23, 2000

Filed under: Punch And Jurists

U.S. v. LaBonte, No. 95-1726 (U.S. Supreme Court) (520 U.S. 751; 117 S.Ct. 1673) (May 27, 1997) (Justice Thomas) by Setting the stage for this decision, Justice Breyer aptly observed in his dissent that "the list of relevant sentencing factors is long, and their interaction impossibly complex." This case deals …

Ohio v. Robinette, No. 95-891 (U.S. Supreme Court) (519 U.S. 33; 117 S.Ct. 417) (November 18, 1996) (Justice Rehnquist)

Article • June 23, 2000

Filed under: Punch And Jurists, Consensual Encounters

Ohio v. Robinette, No. 95-891 (U.S. Supreme Court) (519 U.S. 33; 117 S.Ct. 417) (November 18, 1996) (Justice Rehnquist) by Here the Court refused to adopt a bright line rule that a lawfully seized defendant be advised that he was "free to go" before the defendant's consent to search will …

Zafiro v. U.S., No. 91-6824 (U.S. Supreme Court) (506 U.S. 534; 113 S.Ct. 933) (January 25, 1993) (Justice O'Connor)

Article • June 23, 2000

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

Zafiro v. U.S., No. 91-6824 (U.S. Supreme Court) (506 U.S. 534; 113 S.Ct. 933) (January 25, 1993) (Justice O'Connor) by This is one of the seminal cases on severance based on a claim of mutually antagonistic defenses. The petitioners in this case were four individuals charged with distributing illegal drugs. …

Michigan v. Lucas, No. 90-149 (U.S. Supreme Court) (500 U.S. 145; 111 S.Ct. 1743) (May 20, 1991) (Justice O'Connor)

Article • June 23, 2000

Filed under: Punch And Jurists, Rape Shield Rule

Michigan v. Lucas, No. 90-149 (U.S. Supreme Court) (500 U.S. 145; 111 S.Ct. 1743) (May 20, 1991) (Justice O'Connor) by Here the Supreme Court reversed Michigan's per se rule that the notice requirement in its rape shield law violated the Sixth Amendment in all cases, thus upholding such laws as …

Kolender v. Lawson, No. 81-1320 (U.S. Supreme Court) (461 U.S. 352; 103 S.Ct. 2431) (May 2, 1983) (Justice O'Connor)

Article • June 23, 2000

Filed under: Punch And Jurists, Vagueness/Overbreadth

Kolender v. Lawson, No. 81-1320 (U.S. Supreme Court) (461 U.S. 352; 103 S.Ct. 2431) (May 2, 1983) (Justice O'Connor) by In this case, the Court considered a challenge to a California statute that required requires persons who loiter or wander on the streets to identify themselves and to account for …

Griffin v. U.S., No. 90-6352 (U.S. Supreme Court) (502 U.S. 46; 112 S.Ct. 466) (December 3, 1991) (Justice Scalia)

Article • June 23, 2000

Filed under: Punch And Jurists

Griffin v. U.S., No. 90-6352 (U.S. Supreme Court) (502 U.S. 46; 112 S.Ct. 466) (December 3, 1991) (Justice Scalia) by Here the Court upheld a conviction where jurors may have relied upon a factually inadequate theory, but the Court distinguished cases where the jury may have relied upon a theory …

Calderon v. Thompson, No. 97-215 (U.S. Supreme Court) (523 U.S. 538; 118 S.Ct. 1489) (April 29, 1998) (Justice Kennedy)

Article • June 23, 2000

Filed under: Punch And Jurists, Appealable Issues/Orders

Calderon v. Thompson, No. 97-215 (U.S. Supreme Court) (523 U.S. 538; 118 S.Ct. 1489) (April 29, 1998) (Justice Kennedy) by Case held that the Ninth Circuit abused its discretion when, 2 days before the scheduled execution of the accused, it recalled its earlier mandate that had denied all habeas corpus …

Abney v. U.S., No. 75-6521 (U.S. Supreme Court) (431 U.S. 651; 97 S.Ct. 2034) (June 9, 1977) (Justice Burger)

Article • June 23, 2000

Filed under: Punch And Jurists, Collateral Order Exception

Abney v. U.S., No. 75-6521 (U.S. Supreme Court) (431 U.S. 651; 97 S.Ct. 2034) (June 9, 1977) (Justice Burger) by Here, the Supreme Court held that denial of a pretrial motion to dismiss an indictment on double jeopardy grounds is immediately reviewable in the court of appeals as a "collateral …