Search | Punch and Jurists

U.S. v. Hudspeth, No. 98-4515 (6th Cir.) (208 U.S. 537) (March 30, 2000) (Judge Martha Craig Daughtrey)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Victims - Official

U.S. v. Hudspeth, No. 98-4515 (6th Cir.) (208 U.S. 537) (March 30, 2000) (Judge Martha Craig Daughtrey) by Here, as a matter of first impression, the Sixth Circuit held that the enhancement contained in USSG § 3A1.2(a), which applies if the victim was a "government officer or official" applies to …

U.S. v. Yanez-Huerta, No. 99-50363 (5th Cir.) (207 F.3d 746) (March 25, 2000) (Per Curiam)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists

U.S. v. Yanez-Huerta, No. 99-50363 (5th Cir.) (207 F.3d 746) (March 25, 2000) (Per Curiam) by Here the Court held that a five-year suspended term of imprisonment for a prior aggravated felony rendered the defendant ineligible to receive a downward departure under the provisions of USSG § 2L1.2 - agreeing …

Degen v. U.S., No. 95-173 (U.S. Supreme Court) (517 U.S. 820; 116 S.Ct. 1777) (June 10, 1996) (Justice Kennedy)

Article • April 25, 2000

Filed under: Punch And Jurists, Fugitives/Fugitive Disentitlement

Degen v. U.S., No. 95-173 (U.S. Supreme Court) (517 U.S. 820; 116 S.Ct. 1777) (June 10, 1996) (Justice Kennedy) by In this case the Court imposed limits on the use of the fugitive disentitlement doctrine, holding that a court may not strike a claimant's filings in a forfeiture suit and …

Florida v. Riley, No. 87-764 (U.S. Supreme Court) (488 U.S. 445; 109 S.Ct. 693) (January 23, 1989) (Justice White)

Article • April 19, 2000

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

Florida v. Riley, No. 87-764 (U.S. Supreme Court) (488 U.S. 445; 109 S.Ct. 693) (January 23, 1989) (Justice White) by Here the Court held that surveillance of the interior of a partially covered greehouse in a residential backyard from helicopter is not a "search" for Fourth Amendment purposes which requires …

Adams v. Williams, No. 70-283 (U.S. Supreme Court) (407 U.S. 143; 92 S.Ct. 1921) (June 12, 1972) (Justice Rehnquist)

Article • April 16, 2000

Filed under: Punch And Jurists, Probable/Proximate Cause

Adams v. Williams, No. 70-283 (U.S. Supreme Court) (407 U.S. 143; 92 S.Ct. 1921) (June 12, 1972) (Justice Rehnquist) by Here the Court held that "Probable cause does not require the same type of specific evidence of each element of the offense as would be required to support a conviction." …

Plyler v. Doe, No. 80-1538 (U.S. Supreme Court) (457 U.S. 202; 102 S.Ct. 2382) (June 15, 1982) (Justice Brennan)

Article • April 16, 2000

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Plyler v. Doe, No. 80-1538 (U.S. Supreme Court) (457 U.S. 202; 102 S.Ct. 2382) (June 15, 1982) (Justice Brennan) by In this case the Court held that a Texas statute, which withheld funds from local school districts for the education of children who were not "legally admitted" to the United …

U.S. v. Abel, No. 83-935 (U.S. Supreme Court) (469 U.S. 45; 105 S.Ct. 465) (December 10, 1984) (Justice Rehnquist)

Article • April 14, 2000

Filed under: Punch And Jurists, Gang Membership

U.S. v. Abel, No. 83-935 (U.S. Supreme Court) (469 U.S. 45; 105 S.Ct. 465) (December 10, 1984) (Justice Rehnquist) by In this case, the Supreme Court held that gang affiliation evidence was admissible at trial when relevant to a material issue. The Court concluded that the evidence at issue here …

Neitzke v. Williams, No. 87-1882 (U.S. Supreme Court) (490 U.S. 319; 109 S.Ct. 1827) (May 1, 1989) (Justice Marshall)

Article • April 10, 2000

Filed under: Punch And Jurists, Frivolous Claims

Neitzke v. Williams, No. 87-1882 (U.S. Supreme Court) (490 U.S. 319; 109 S.Ct. 1827) (May 1, 1989) (Justice Marshall) by In this case, a pro se inmate brought an in forma pauperis (IFP) civil rights suit against prison officials, alleging that those officials violated the Eighth Amendment by denying him …

Payne v. Tennessee, No. 90-5721 (U.S. Supreme Court) (501 U.S. 808; 111 S.Ct. 2597) (June 27, 1991) (Justice Rehnquist)

Article • April 3, 2000

Filed under: Punch And Jurists, Victim Impact Statement/Testimony

Payne v. Tennessee, No. 90-5721 (U.S. Supreme Court) (501 U.S. 808; 111 S.Ct. 2597) (June 27, 1991) (Justice Rehnquist) by Beginning in 1987, the Supreme Court addressed of victim impact statements in three cases. In first two, the Court barred the use at sentencing hearings of victim impact evidence relating …

U.S. v. Gaudin, No. 95-514 (U.S. Supreme Court) (515 U.S. 506; 115 S.Ct. 2310) (June 19, 1995) (Justice Scalia)

Article • April 2, 2000

Filed under: Punch And Jurists, Materiality

U.S. v. Gaudin, No. 95-514 (U.S. Supreme Court) (515 U.S. 506; 115 S.Ct. 2310) (June 19, 1995) (Justice Scalia) by The Court held that a trial court's refusal to submit the issue of the materiality of a defendant's false statements to the jury infringed on the defendant's right to have …

Koon v. U.S., No. 94-1664 (U.S. Supreme Court) (518 U.S. 81; 116 S.Ct. 2035) (June 13, 1996) (Justice Kennedy)

Article • April 1, 2000

Filed under: Punch And Jurists

Koon v. U.S., No. 94-1664 (U.S. Supreme Court) (518 U.S. 81; 116 S.Ct. 2035) (June 13, 1996) (Justice Kennedy) by This is the Supreme Court's seminal case on the analysis that must be followed to determine whether departure are permissible under the Guidelines. Any discussion of departures under the Guidelines …

Smith v. Groose, No. 97-2694 (8th Cir.) (205 F.3d 1045) (March 7, 2000) (Judge Roger L. Wollman)