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U.S. v. Saada, No. 99-5126 (3rd Cir.) (212 F.3d 210) (May 15, 2000) (Judge Stanley S. Harris)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Impeachment
U.S. v. Saada, No. 99-5126 (3rd Cir.) (212 F.3d 210) (May 15, 2000) (Judge Stanley S. Harris) by In this case, the defendants were charged with a number of crimes arising out of an alleged staged flooding at a warehouse, caused by a broken sprinkler head, which led to damages …
New York v. Harris, No. 88-1000 (U.S. Supreme Court) (495 U.S. 14; 110 S.Ct. 1640) (April 18, 1990) (Justice White)
Article • May 21, 2000
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
New York v. Harris, No. 88-1000 (U.S. Supreme Court) (495 U.S. 14; 110 S.Ct. 1640) (April 18, 1990) (Justice White) by In this case, police officers with guns drawn knocked on the door of Harris' apartment. He looked out of a peephole, and one of the officers displayed a badge. …
U.S. v. Balsys, No. 97-873 (U.S. Supreme Court) (524 U.S. 666; 118 S.Ct. 2218) (June 25, 1998) (Justice Souter)
Article • May 15, 2000 • from P&J June, 1998
Filed under: Punch And Jurists, Deportation/Removal/Exclusion
U.S. v. Balsys, No. 97-873 (U.S. Supreme Court) (524 U.S. 666; 118 S.Ct. 2218) (June 25, 1998) (Justice Souter) by Balsys was a resident alien living in New York, but was suspected of being a Nazi war criminal. When interrogated by U.S. officials concerning his Nazi ties, he invoked a …
Department of Revenue v. Kurth Ranch, No. 93-144 (U.S. Supreme Court) (511 U.S. 767; 114 S.Ct. 1937) (June 6, 1994) (Justice Stevens)
Article • May 7, 2000
Filed under: Forfeiture, Punch And Jurists
Department of Revenue v. Kurth Ranch, No. 93-144 (U.S. Supreme Court) (511 U.S. 767; 114 S.Ct. 1937) (June 6, 1994) (Justice Stevens) by In this case, the defendants were convicted and sentenced after pleading guilty to drug charges. Later, the State of Montana sought to impose a drug tax on …
U.S. v. Buchanan, No. 98-1353 (6th Cir.) (207 F.3d 344) (February 17, 2000) (Judge Ronald Lee Gilman)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Drug-Tainted Currency
U.S. v. Buchanan, No. 98-1353 (6th Cir.) (207 F.3d 344) (February 17, 2000) (Judge Ronald Lee Gilman) by This case is noted for its detailed discussion of the admissibility of testimony by police officers that trained canines reacted positively to the scent of drugs on currency. Several of the defendants …
U.S. v. Claiborne, No. Crim.A. 3:99CR297 (E.D.Va.) (92 F.Supp.2d 503) (April 14, 2000) (Judge Richard L. Williams)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists
U.S. v. Claiborne, No. Crim.A. 3:99CR297 (E.D.Va.) (92 F.Supp.2d 503) (April 14, 2000) (Judge Richard L. Williams) by The defendant in this case was tried and convicted on a number of Federal counts after he had previously been tried and acquitted of charges relating to the same conduct in a …
Turner v. Wilkinson, No. C2-99-289 (S.D.Ohio) (92 F.Supp.2d 697) (December 30, 1999) (Judge Susan J. Dlott)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Turner v. Wilkinson, No. C2-99-289 (S.D.Ohio) (92 F.Supp.2d 697) (December 30, 1999) (Judge Susan J. Dlott) by In this case, an inmate and her husband had brought an earlier proceeding against prison officials seeking injunctive relief to require them to allow the husband to attend the birth of their child. …
U.S. v. Woods, No. 98-1816 (1st Cir.) (210 F.3d 70) (April 21, 2000) (Judge Juan R. Torruella)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists
U.S. v. Woods, No. 98-1816 (1st Cir.) (210 F.3d 70) (April 21, 2000) (Judge Juan R. Torruella) by In this case the Court rejected the defendant's claim that the Government's "bargain basement pricing and generous consignment policy" constituted sentencing factor manipulation - although it did not reject that defense in …
Handberry v. Thompson, No. 96 CIV. 6161(CBM) (S.D.N.Y.) (92 F.Supp.2d 244) (March 13, 2000) (Judge Constance Baker Motley)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Prison Conditions
Handberry v. Thompson, No. 96 CIV. 6161(CBM) (S.D.N.Y.) (92 F.Supp.2d 244) (March 13, 2000) (Judge Constance Baker Motley) by In a broad decision that could have a huge financial impact on many municipalities, District Judge Motley granted declaratory judgment, under 28 U.S.C. §§ 2201 and 2202, to a class of …
U.S. v. Kaye, No. 3:93CR00072 (PCD) (D.Conn.) (93 F.Supp.2d 196) (March 1, 2000) (Judge Peter C. Dorsey)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Liens, Garnishments, Etc.
U.S. v. Kaye, No. 3:93CR00072 (PCD) (D.Conn.) (93 F.Supp.2d 196) (March 1, 2000) (Judge Peter C. Dorsey) by This case deals with a topic that is destined to become increasingly important to criminal defendants following their release from imprisonment: namely, the right of the Government to pursue defendants who have …
U.S. v. Moore, No. 99-2609 (7th Cir.) (215 F.3d 681) (May 31, 2000) (Judge Michael S. Kanne)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Pornography/Pornography Laws
U.S. v. Moore, No. 99-2609 (7th Cir.) (215 F.3d 681) (May 31, 2000) (Judge Michael S. Kanne) by Here the Court held that an arrest for possessing child pornography does not require the police to obtain a warrant, in part because of the "compelling state interest" in protecting children from …
U.S. v. Ortiz-Santiago, No. 99-1053 (1st Cir.) (211 F.3d 146) (May 2, 2000) (Judge Bruce M. Selya)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Waivers/Defaults
U.S. v. Ortiz-Santiago, No. 99-1053 (1st Cir.) (211 F.3d 146) (May 2, 2000) (Judge Bruce M. Selya) by The defendant in this case pled guilty to a drug conspiracy, under a the terms of a non-binding plea agreement entered pursuant to the provisions of Fed.R.Crim.P. 11(e)(1)(B). Under the plea agreement, …
Miller v. French, No. 94-224 (U.S. Supreme Court) (530 U.S. 327; 120 S.Ct. 2246) (June 19, 2000) (Justice O'Connor)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Consent Decrees - Termination of
Miller v. French, No. 94-224 (U.S. Supreme Court) (530 U.S. 327; 120 S.Ct. 2246) (June 19, 2000) (Justice O'Connor) by In this 5 to 4 decision, the Supreme Court ruled that a controversial provision of the Prison Litigation Reform Act (PLRA) that automatically suspends certain court orders governing conditions in …
U.S. v. Cruz-Guevara, No. 99-3043 (7th Cir.) (209 F.3d 644) (March 23, 2000) (Judge Michael S. Kanne)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Aggravated Felony
U.S. v. Cruz-Guevara, No. 99-3043 (7th Cir.) (209 F.3d 644) (March 23, 2000) (Judge Michael S. Kanne) by Here, while the Court ultimately remanded the case back to the district court for failing to tie its departure to "the structure of the Guidelines," it rejected the Government's claim that the …
U.S. v. Coleman, No. 99-3104 (9th Cir.) (208 F.3d 786) (April 3, 2000) (Judge Susan P. Graber)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Custodial Interrogations/Statements
U.S. v. Coleman, No. 99-3104 (9th Cir.) (208 F.3d 786) (April 3, 2000) (Judge Susan P. Graber) by In this case the defendant sought to suppress statements made after he had requested counsel, in accordance with the rule established in Edwards v. Arizona, 451 U.S. 477 (1981). He was arrested …
U.S. v. Torres, No. 99-1149 (3rd Cir.) (209 F.3d 308) (April 6, 2000) (Judge Maryanne Trump Barry)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists
U.S. v. Torres, No. 99-1149 (3rd Cir.) (209 F.3d 308) (April 6, 2000) (Judge Maryanne Trump Barry) by Here, despite the judge's order at sentencing that the defendant "shall" spend 6 months of a split sentence in community confinement, it declined to intervene when the BOP held the defendant in …
In Re Rashid, No. 95-cv-04243 (3rd Cir.) (210 F.3d 201) (April 14, 2000) (Per Curiam)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Bankruptcy, Punch And Jurists
In Re Rashid, No. 95-cv-04243 (3rd Cir.) (210 F.3d 201) (April 14, 2000) (Per Curiam) by This is a bankruptcy case, but it examines an issue that is important to many criminal defendants: Can a criminal defendant receive a discharge of his restitution obligations through a bankruptcy proceeding? That issue …
U.S. v. Walton, No. 97-4498 (4th Cir.) (207 F.3d 694) (March 27, 2000) (Per Curiam)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists
U.S. v. Walton, No. 97-4498 (4th Cir.) (207 F.3d 694) (March 27, 2000) (Per Curiam) by This case is noted for its detailed review of the issue of whether a district court is required to comply with a jury's request in a criminal trial for a definition of the term …
Carter v. U.S., No. 99-5716 (U.S. Supreme Court) (530 U.S. 255; 120 S.Ct. 2159) (June 12, 2000) (Justice Thomas)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists
Carter v. U.S., No. 99-5716 (U.S. Supreme Court) (530 U.S. 255; 120 S.Ct. 2159) (June 12, 2000) (Justice Thomas) by Essentially, the technical issue presented in this case was whether bank larceny under 18 U.S.C. § 2113(b) is a lesser included offense of bank robbery under 18 U.S.C. § 2113(a). …
U.S. v. Bonnet-Grullon, No. 99-1321(L) (2nd Cir.) (212 F.3d 692) (May 12, 2000) (Judge Amalya Lyle Kearse)
Article • May 1, 2000 • from P&J May, 2000
Filed under: Punch And Jurists, Disparity in Charging/Sentencing Practices
U.S. v. Bonnet-Grullon, No. 99-1321(L) (2nd Cir.) (212 F.3d 692) (May 12, 2000) (Judge Amalya Lyle Kearse) by In this case the Second Circuit held that a district court, when sentencing a defendant on a charge of illegally re-entering the country after being deported following a conviction for an aggravated …
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