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Russell v. U.S., No. 6 (U.S. Supreme Court) (369 U.S. 749; 82 S.Ct. 1038) (May 21, 2062) (Justice Stewart)
Article • June 8, 2000
Filed under: Punch And Jurists
Russell v. U.S., No. 6 (U.S. Supreme Court) (369 U.S. 749; 82 S.Ct. 1038) (May 21, 2062) (Justice Stewart) by In this case, which is the Supreme Court's leading case on indictment sufficiency, the Court struck an indictment where a defendant had been charged with unlawfully refusing to answer certain …
U.S. v. Chadwick, No. 75-1721 (U.S. Supreme Court) (433 U.S. 1; 97 S.Ct. 2476) (June 21, 1977) (Justice Burger)
Article • June 7, 2000
Filed under: Punch And Jurists, Searches - Containers/Luggage
U.S. v. Chadwick, No. 75-1721 (U.S. Supreme Court) (433 U.S. 1; 97 S.Ct. 2476) (June 21, 1977) (Justice Burger) by Here the Court vacated a conviction, holding that a warrantless search of a mobile footlocker violated the Fourth Amendment, and it rejected the Government's contention that the Amendment only applies …
Oyler v. Boles, No. 56 (U.S. Supreme Court) (368 U.S. 448; 82 S.Ct. 501) (February 19, 2062) (Justice Clark)
Article • June 3, 2000
Filed under: Punch And Jurists
Oyler v. Boles, No. 56 (U.S. Supreme Court) (368 U.S. 448; 82 S.Ct. 501) (February 19, 2062) (Justice Clark) by Here the Court held that due process requires that a defendant have notice and an opportunity to contest the validity or applicability of prior convictions upon which a statutory sentencing …
Peguero v. U.S., No. 97-9217 (U.S. Supreme Court) (526 U.S. 23; 119 S.Ct. 961) (March 2, 1999) (Justice Kennedy)
Article • June 1, 2000 • from P&J February, 1999
Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights
Peguero v. U.S., No. 97-9217 (U.S. Supreme Court) (526 U.S. 23; 119 S.Ct. 961) (March 2, 1999) (Justice Kennedy) by At his sentencing on a drug conviction, the district court failed to advise the petitioner in this case of his right to file an appeal, as required by Fed.R.Crim.P. 32(a)(2). …
U.S. v. Brooks, No. 99-3448 (8th Cir.) (215 F.3d 842) (June 14, 2000) (Judge Gerald W. Heaney)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Predisposition/Inducement
U.S. v. Brooks, No. 99-3448 (8th Cir.) (215 F.3d 842) (June 14, 2000) (Judge Gerald W. Heaney) by It is a rare occurrence when a court finds that entrapment occurred as a matter of law - so when such a case comes along it is worth taking notice. In this …
U.S. v. Elkins, No. 96-20152 D (W.D.Tenn.) (95 F.Supp.2d 796) (March 6, 2000) (Judge Bernice B. Donald)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Searches - Thermal Imager
U.S. v. Elkins, No. 96-20152 D (W.D.Tenn.) (95 F.Supp.2d 796) (March 6, 2000) (Judge Bernice B. Donald) by Some random thoughts of the validity of warrantless searches by means of a thermal imager, from a Tenth Circuit case on that topic. QUOTE OF THE WEEK - Some thoughts on the …
Kay v. Reno, No. Civ. No. 1:CV-99-0251 (M.D.Pa.) (94 F.Supp.2d 546) (April 19, 2000) (Judge Sylvia H. Rambo)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Detention - Generally
Kay v. Reno, No. Civ. No. 1:CV-99-0251 (M.D.Pa.) (94 F.Supp.2d 546) (April 19, 2000) (Judge Sylvia H. Rambo) by Here the Court held that the continued detention of an alien who was subject to a final order of deportation violated his substantive due process rights where his country of origin …
Dickerson v. U.S., No. 99-5525 (U.S. Supreme Court) (530 U.S. 428; 120 S.Ct. 2326) (June 26, 2000) (Justice Rehnquist)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Miranda
Dickerson v. U.S., No. 99-5525 (U.S. Supreme Court) (530 U.S. 428; 120 S.Ct. 2326) (June 26, 2000) (Justice Rehnquist) by Here the Court held that its decision in Miranda v. Arizona was of "constitutional dimension" and could not be abrogated by an Act of Congress, thus reversing the Fourth Circuit's …
U.S. v. Mohammad, No. CR.98-342(WGB) (D.N.J.) (95 F.Supp.2d 236) (April 14, 2000) (Judge William G. Bassler)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Return/Retention of Property
U.S. v. Mohammad, No. CR.98-342(WGB) (D.N.J.) (95 F.Supp.2d 236) (April 14, 2000) (Judge William G. Bassler) by United States v. Bein, No. 99-3822 (3rd Cir. 6/5/00) (Judge Greenberg) United States v. Mohammad, 95 F.Supp. 236 (D.N.J. 2000) (Judge Bassler) Both of these cases involved a common problem. A defendant is …
U.S. v. Bein, No. 99-3822 (3rd Cir.) (214 F.3d 408) (June 5, 2000) (Judge Morton I. Greenberg)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Return/Retention of Property
U.S. v. Bein, No. 99-3822 (3rd Cir.) (214 F.3d 408) (June 5, 2000) (Judge Morton I. Greenberg) by Here the Third Circuit held that since there was no express waiver of sovereign immunity in Rule 41(e) of the Fed.R.Crim.P., an aggrieved party could not obtain damages for the destruction of …
U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Jury Deliberations
U.S. v. Smithers, No. 98-1722 (6th Cir.) (212 F.3d 306) (May 8, 2000) (Judge Algenon L. Marbley) by QUOTE OF THE WEEK - Some judicial thoughts on the role of jurors. "One enduring element of the jury system, no less vital today than two centuries ago, is insulation from questions …
Apprendi v. New Jersey, No. 99-478 (U.S. Supreme Court) (530 U.S. 466; 120 S.Ct. 2348) (June 26, 2000) (Justice Stevens)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Burden of Proof
Apprendi v. New Jersey, No. 99-478 (U.S. Supreme Court) (530 U.S. 466; 120 S.Ct. 2348) (June 26, 2000) (Justice Stevens) by While the Supreme Court’s decision in Dickerson v. U.S. case received much of the press’ attention, its decision in the instant case (which was decided on the same day) …
Solis v. Garcia, No. 98-56219 (9th Cir.) (219 F.3d 922) (July 12, 2000) (Per Curiam)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists
Solis v. Garcia, No. 98-56219 (9th Cir.) (219 F.3d 922) (July 12, 2000) (Per Curiam) by In this case, the petitioner was convicted in a California state court of second degree murder as an aider and abettor. On appeal, one of the issues he raised was that the trial court’s …
U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Consensual Encounters
U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King) by A disturbing new trend of random searches of passengers on public transportation had begun to appear and, to date, at least two Circuits have approved such searches, even though they were unsupported …
U.S. v. Whitt, No. 99-2017 (7th Cir.) (211 F.3d 1022) (May 1, 2000) (Judge John L. Coffey)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Factual Disputes/Findings
U.S. v. Whitt, No. 99-2017 (7th Cir.) (211 F.3d 1022) (May 1, 2000) (Judge John L. Coffey) by Here the Court affirmed the authority of the judge - rather than the jury - to determine the quantity of drugs in a drug case and to rule on the credibility of …
U.S. v. Banuelos-Rodriguez, No. 96-50297 (9th Cir.) (215 F.3d 969) (June 14, 2000) (Judge Susan P. Graber)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices
U.S. v. Banuelos-Rodriguez, No. 96-50297 (9th Cir.) (215 F.3d 969) (June 14, 2000) (Judge Susan P. Graber) by In this case, a divided en banc Court reversed a panel’s previous decision (reported at 173 F.3d 741 (9th Cir. 1999) (See P&J, 4/19/99) (Banuelos I), and held that significant differences in …
U.S. v. Nava-Ramirez, No. 99-4123 (10th Cir.) (210 F.3d 1128) (April 10, 2000) (Judge Michael R. Murphy)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Fruit of the Poisonous Tree
U.S. v. Nava-Ramirez, No. 99-4123 (10th Cir.) (210 F.3d 1128) (April 10, 2000) (Judge Michael R. Murphy) by The defendant in this case was driving a car in which the owner of the vehicle, Steven Wald, was a passenger. A state police officer stopped the vehicle for having a cracked …
U.S. v. Mezas De Jesus, No. 98-50639 (9th Cir.) (217 F.3d 638) (June 16, 2000) (Judge Harry Pregerson)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Mezas De Jesus, No. 98-50639 (9th Cir.) (217 F.3d 638) (June 16, 2000) (Judge Harry Pregerson) by Here the Ninth Circuit reversed a sentence which was significantly enhanced based on an uncharged (and highly suspect) kidnaping charge, holding that a sentence increase of the magnitude imposed requires proof …
Flores v. Johnson, No. 99-40064 (5th Cir.) (210 F.3d 456) (April 20, 2000) (Per Curiam)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Enforceable Rights/Remedies
Flores v. Johnson, No. 99-40064 (5th Cir.) (210 F.3d 456) (April 20, 2000) (Per Curiam) by In this case, the defendant argued that the admitted failure to comply with the consulate notification provisions of the Vienna Convention "seriously harmed" him because he was "compelled," while in custody "to make four …
U.S. v. Cherry, No. 99-7019 (10th Cir.) (211 F.3d 575) (May 2, 2000) (Judge Carlos Lucero)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Declarant Unavailable Exception
U.S. v. Cherry, No. 99-7019 (10th Cir.) (211 F.3d 575) (May 2, 2000) (Judge Carlos Lucero) by Here, taking a broad view of the scope of conspiratorial liability, the Court interpreted the provisions of the new Fed.R.Evid. 804(b)(6) which deals with another exception to the general prohibition against the use …
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