Search | Punch and Jurists

Illinois v. Perkins, No. 88-1972 (U.S. Supreme Court) (496 U.S. 292; 110 S.Ct. 2394) (June 4, 1990) (Justice Kennedy)

Article • June 18, 2000

Filed under: Punch And Jurists, Miranda

Illinois v. Perkins, No. 88-1972 (U.S. Supreme Court) (496 U.S. 292; 110 S.Ct. 2394) (June 4, 1990) (Justice Kennedy) by While being held in jail, Perkins freely confessed to committing a murder to an undercover police officer who was posing as another inmate. The issue was whether the undercover police …

Heath v. Alabama, No. 84-5555 (U.S. Supreme Court) (474 U.S. 82; 106 S.Ct. 433) (December 3, 1985) (Justice O'Connor)

Article • June 17, 2000

Filed under: Punch And Jurists

Heath v. Alabama, No. 84-5555 (U.S. Supreme Court) (474 U.S. 82; 106 S.Ct. 433) (December 3, 1985) (Justice O'Connor) by In this leading case under the Double Jeopardy Clause, the Court held that successive prosecutions by two states for the same conduct are not barred by double jeopardy because each …

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists, Waivers/Defaults

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White) by The principal issue addressed in this case was whether and to what extent an otherwise valid guilty plea may be impeached in collateral proceedings by assertions or proof that the …

Rosales-Lopez v. U.S., No. 79-6624 (U.S. Supreme Court) (451 U.S. 182; 101 S.Ct. 1629) (April 21, 1981) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists, Voir Dire

Rosales-Lopez v. U.S., No. 79-6624 (U.S. Supreme Court) (451 U.S. 182; 101 S.Ct. 1629) (April 21, 1981) (Justice White) by The Court held that the failure to honor a defendant's request to inquire into racial or ethnic prejudice is reversible error only where the circumstances of the case indicate a …

Wayte v. U.S., No. 83-1292 (U.S. Supreme Court) (470 U.S. 598; 105 S.Ct. 1524) (March 19, 1985) (Justice Powell)

Article • June 17, 2000

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

Wayte v. U.S., No. 83-1292 (U.S. Supreme Court) (470 U.S. 598; 105 S.Ct. 1524) (March 19, 1985) (Justice Powell) by The question presented in this case was whether a passive enforcement policy of the Selective Service Law under which the Government prosecutes only those who report themselves as having violated …

Estelle v. McGuire, No. 90-1074 (U.S. Supreme Court) (502 U.S. 62; 112 S.Ct. 475) (December 4, 1991) (Justice Rehnquist)

Article • June 17, 2000

Filed under: Punch And Jurists, Battered Child/Spouse Evidence

Estelle v. McGuire, No. 90-1074 (U.S. Supreme Court) (502 U.S. 62; 112 S.Ct. 475) (December 4, 1991) (Justice Rehnquist) by In this case the Ninth Circuit granted a writ of habeas corpus and reversed a conviction, holding that evidence of a prior injury was erroneously admitted to establish battered child …

U.S. v. Lovasco, No. 75-1844 (U.S. Supreme Court) (431 U.S. 783; 97 S.Ct. 2004) (June 9, 1977) (Justice Marshall)

Article • June 17, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Lovasco, No. 75-1844 (U.S. Supreme Court) (431 U.S. 783; 97 S.Ct. 2004) (June 9, 1977) (Justice Marshall) by In its last detailed analysis on the topic, the Court severely limited the rights of defendants to complain about pre-indictment delay by requiring proof of both actual prejudice and an …

U.S. v. Santana, No. 75-19 (U.S. Supreme Court) (427 U.S. 38; 96 S.Ct. 2406) (June 24, 1976) (Justice Rehnquist)

Article • June 17, 2000

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Santana, No. 75-19 (U.S. Supreme Court) (427 U.S. 38; 96 S.Ct. 2406) (June 24, 1976) (Justice Rehnquist) by In this case, police officers arrested a woman inside her home after setting the arrest in motion at the threshold of her hom. Using marked money, police officers made an …

Sullivan v. Louisiana, No. 92-5129 (U.S. Supreme Court) (508 U.S. 275; 113 S.Ct. 2078) (June 1, 1993) (Justice Scalia)

Article • June 17, 2000

Filed under: Punch And Jurists

Sullivan v. Louisiana, No. 92-5129 (U.S. Supreme Court) (508 U.S. 275; 113 S.Ct. 2078) (June 1, 1993) (Justice Scalia) by This case represents the Supreme Court most recent (and often confusing) statement on the meaning of "reasonable doubt"; and, relying on its decision in Cage v. Louisiana, 498 U.S. 39, …

U.S. v. Dixon, No. 91-1231 (U.S. Supreme Court) (509 U.S. 688; 113 S.Ct. 2849) (June 28, 1993) (Justice Scalia)

Article • June 17, 2000

Filed under: Punch And Jurists

U.S. v. Dixon, No. 91-1231 (U.S. Supreme Court) (509 U.S. 688; 113 S.Ct. 2849) (June 28, 1993) (Justice Scalia) by Here, in overruling the short-lived "same conduct" test that was suggested by the Supreme Court in Grady v. Corbin, 495 U.S. 508 (1990) and affirming the "same elements" test that …

Penson v. Ohio, No. 87-6116 (U.S. Supreme Court) (488 U.S. 75; 109 S.Ct. 346) (November 29, 1988) (Justice Stevens)

Article • June 17, 2000

Filed under: Punch And Jurists, Anders Brief

Penson v. Ohio, No. 87-6116 (U.S. Supreme Court) (488 U.S. 75; 109 S.Ct. 346) (November 29, 1988) (Justice Stevens) by Case held that when counsel fails to raise arguable issues in an appellate brief, the petitioner need not show prejudice under Strickland, because such failure creates a presumption of prejudice. …

Warth v. Seldin, No. 73-2024 (U.S. Supreme Court) (422 U.S. 490; 95 S.Ct. 2197) (June 25, 1975) (Justice Powell)

Article • June 17, 2000

Filed under: Punch And Jurists, Third Party Rights/Notification/Assistance

Warth v. Seldin, No. 73-2024 (U.S. Supreme Court) (422 U.S. 490; 95 S.Ct. 2197) (June 25, 1975) (Justice Powell) by Here the Court held that in civil rights suits for damages "[T]he plaintiff generally must assert his own legal rights and interests, and cannot rest his claim to relief on …

Williams v. Florida, No. 927 (U.S. Supreme Court) (399 U.S. 78; 90 S.Ct. 1893) (June 22, 1970) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists

Williams v. Florida, No. 927 (U.S. Supreme Court) (399 U.S. 78; 90 S.Ct. 1893) (June 22, 1970) (Justice White) by On the issue of alibi defenses, the Court explained: "Given the ease with which an alibi can be fabricated, the State's interest in protecting itself against an eleventh-hour defense is …

Williams v. Florida, No. 927 (U.S. Supreme Court) (399 U.S. 78; 90 S.Ct. 1893) (June 22, 1970) (Justice White)

Article • June 17, 2000

Filed under: Punch And Jurists, Jury - Plan/Pool/Box

Williams v. Florida, No. 927 (U.S. Supreme Court) (399 U.S. 78; 90 S.Ct. 1893) (June 22, 1970) (Justice White) by In 1967, the state of Florida passed legislation to allow six-member juries in criminal cases. Johnny Williams was tried and convicted for robbery by such a jury. Williams, lost in …

Kelly v. Robinson, No. 85-1033 (U.S. Supreme Court) (479 U.S. 36; 107 S.Ct. 353) (November 12, 1986) (Justice Powell)

Article • June 14, 2000

Filed under: Bankruptcy, Punch And Jurists

Kelly v. Robinson, No. 85-1033 (U.S. Supreme Court) (479 U.S. 36; 107 S.Ct. 353) (November 12, 1986) (Justice Powell) by Here the Court held that restitution is in the nature of a fine and thus fell within the first of the requirements of 11 USC § 523(a)(7) that is was …

Spaziano v. Florida, No. 83-5596 (U.S. Supreme Court) (468 U.S. 447; 104 S.Ct. 3154) (July 2, 1984) (Justice Blackmun)

Article • June 11, 2000

Filed under: Punch And Jurists

Spaziano v. Florida, No. 83-5596 (U.S. Supreme Court) (468 U.S. 447; 104 S.Ct. 3154) (July 2, 1984) (Justice Blackmun) by Court made clear that the Sixth Amendment has never been thought to guarantee a right to jury trial determination of the appropriate punishment to be imposed on an individual. (Id., …

Massachusetts v. Sheppard, No. 82-963 (U.S. Supreme Court) (468 U.S. 981; 104 S.Ct. 3424) (July 5, 1984) (Justice White)

Article • June 11, 2000

Filed under: Punch And Jurists, Exclusionary Rule

Massachusetts v. Sheppard, No. 82-963 (U.S. Supreme Court) (468 U.S. 981; 104 S.Ct. 3424) (July 5, 1984) (Justice White) by This case involved the application of the rules articulated by the Supreme Court in United States v Leon, 486 U.S. 897 (1984) (which was decided the same day) and dealt …

Patton v. Yount, No. 83-95 (U.S. Supreme Court) (467 U.S. 1025; 104 S.Ct. 2885) (June 26, 1984) (Justice Powell)

Article • June 8, 2000

Filed under: Punch And Jurists, Publicity - Prejudicial

Patton v. Yount, No. 83-95 (U.S. Supreme Court) (467 U.S. 1025; 104 S.Ct. 2885) (June 26, 1984) (Justice Powell) by In this case, the respondent was convicted of first-degree murder and rape after a jury trial in a Pennsylvania state court; and he was sentenced to life imprisonment. However, on …

McCarthy v. Madigan, No. 90-6861 (U.S. Supreme Court) (503 U.S. 140; 112 S.Ct. 1081) (March 4, 1992) (Justice Blackmun)

Article • June 8, 2000

Filed under: Punch And Jurists, Exhaustion of Remedies

McCarthy v. Madigan, No. 90-6861 (U.S. Supreme Court) (503 U.S. 140; 112 S.Ct. 1081) (March 4, 1992) (Justice Blackmun) by Case held that a Federal prisoner is not required to exhaust the BOP's internal grievance procedures before initiating a Bivens action against prison authorities solely for money damages - although …

Victor v. Nebraska, No. 92-8894 (U.S. Supreme Court) (511 U.S. 1; 114 S.Ct. 1239) (March 22, 1994) (Justice O'Connor)

Article • June 8, 2000

Filed under: Punch And Jurists

Victor v. Nebraska, No. 92-8894 (U.S. Supreme Court) (511 U.S. 1; 114 S.Ct. 1239) (March 22, 1994) (Justice O'Connor) by Here the Court defined "reasonable doubt" as "a doubt that would cause a reasonable person to hestitate to act" (id., at 20), and explained that in order to convict on …