Search | Punch and Jurists

U.S. v. Goodson, No. 99-4262 (4th Cir.) (204 F.3d 508) (February 11, 2000) (Judge Paul V. Niemeyer)

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

Filed under: Punch And Jurists, Dismissal

U.S. v. Goodson, No. 99-4262 (4th Cir.) (204 F.3d 508) (February 11, 2000) (Judge Paul V. Niemeyer) by In this case, some two weeks before trial, the Government learned that one of its key witnesses would be on a pre-paid vacation in Europe on the date of the trial; and …

Coss v. Lackawanna County Dist. Atty., No. 98-7416 (3rd Cir.) (204 F.3d 453) (February 29, 2000) (Judge Ruggero J. Aldisert)

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

Filed under: Punch And Jurists

Coss v. Lackawanna County Dist. Atty., No. 98-7416 (3rd Cir.) (204 F.3d 453) (February 29, 2000) (Judge Ruggero J. Aldisert) by

U.S. v. Mandanici, No. 99-2059 (2nd Cir.) (205 F.3d 519) (February 23, 2000) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists

U.S. v. Mandanici, No. 99-2059 (2nd Cir.) (205 F.3d 519) (February 23, 2000) (Judge Jose A. Cabranes) by Here, stressing the narrowness of the second Teague exception, the Court examined and analyzed eleven new rules announced by the Supreme Court and noted that in all eleven cases the Court held …

Booth v. Churner, No. 97-7487 (3rd Cir.) (206 F.3d 289) (March 7, 2000) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Prison Conditions

Booth v. Churner, No. 97-7487 (3rd Cir.) (206 F.3d 289) (March 7, 2000) (Judge Edward R. Becker) by The appellant in this case filed an action pursuant to 42 U.S.C. § 1983, seeking damages and injunctive relief against several prison guards based on claims of the use of excessive force …

McClary v. Coughlin, No. 90-CV-0501A (W.D.N.Y.) (87 F.Supp.2d 205) (March 14, 2000) (Judge Magistrate)

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

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

McClary v. Coughlin, No. 90-CV-0501A (W.D.N.Y.) (87 F.Supp.2d 205) (March 14, 2000) (Judge Magistrate) by Here the court held that prison officials were not entitled to a defense of qualified immunity for vindictively holding a prisoner in solitary confinement for four uninterrupted years, but it reduced the damages awarded from …

Robinson v. Hanrahan, No. 71-6918 (U.S. Supreme Court) (409 U.S. 38; 93 S.Ct. 30) (October 24, 1972) (Per Curiam)

Article • March 27, 2000

Filed under: Punch And Jurists, Notice - Adequacy of

Robinson v. Hanrahan, No. 71-6918 (U.S. Supreme Court) (409 U.S. 38; 93 S.Ct. 30) (October 24, 1972) (Per Curiam) by In this case, the Court addressed the question whether a notice of forfeiture, mailed to a prisoner's home address by the government entity in whose custody the prisoner was held, …

Flanagan v. U.S., No. 82-374 (U.S. Supreme Court) (465 U.S. 259; 104 S.Ct. 1051) (February 21, 1984) (Justice O'Connor)

Article • March 23, 2000

Filed under: Punch And Jurists, Collateral Order Exception

Flanagan v. U.S., No. 82-374 (U.S. Supreme Court) (465 U.S. 259; 104 S.Ct. 1051) (February 21, 1984) (Justice O'Connor) by In holding that a trial court's pretrial disqualification of defense counsel in a criminal prosecution is not immediately appealable under 28 U.S.S. § 1291, the Court emphasized that, in criminal …

Allen v. Wright, No. 81-757 (U.S. Supreme Court) (468 U.S. 737; 104 S.Ct. 3315) (July 3, 1984) (Justice O'Connor)

Article • March 15, 2000

Filed under: Standing, Punch And Jurists

Allen v. Wright, No. 81-757 (U.S. Supreme Court) (468 U.S. 737; 104 S.Ct. 3315) (July 3, 1984) (Justice O'Connor) by In this case parents of black public school children alleged in this nationwide class action that the Internal Revenue Service (IRS) had not adopted sufficient standards and procedures to fulfill …

Weeks v. Angelone, No. 99-5746 (U.S. Supreme Court) (528 U.S. 225; 120 S.Ct. 727) (January 19, 2000) (Justice Rehnquist)

Article • March 13, 2000 • from P&J January, 2000

Filed under: Jury Instructions, Punch And Jurists

Weeks v. Angelone, No. 99-5746 (U.S. Supreme Court) (528 U.S. 225; 120 S.Ct. 727) (January 19, 2000) (Justice Rehnquist) by Here the Court held that, in a capital sentencing case, a jury’s inquiry about the meaning of an instruction previously given can be answered with a ritualistic and non-responsive direction …

U.S. v. Martinez-Salazar, No. 98-1255 (U.S. Supreme Court) (528 U.S. 304; 120 S.Ct. 774) (January 19, 2000) (Justice Ginsburg)

Article • March 13, 2000

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Martinez-Salazar, No. 98-1255 (U.S. Supreme Court) (528 U.S. 304; 120 S.Ct. 774) (January 19, 2000) (Justice Ginsburg) by In this case, the Court held that neither the Due Process Clause nor Fed.R.Crim.P. 24(b) (which provides criminal defendants with peremptory challenges) is violated when a defendant uses one of …

U.S. v. O'Brien, No. 232 (U.S. Supreme Court) (391 U.S. 367; 88 S.Ct. 1673) (May 27, 2068) (Justice Warren)

Article • March 12, 2000

Filed under: Punch And Jurists

U.S. v. O'Brien, No. 232 (U.S. Supreme Court) (391 U.S. 367; 88 S.Ct. 1673) (May 27, 2068) (Justice Warren) by The defendant in this case was arrested and convicted for burning his draft card on the steps of the South Boston Courthouse. On appeal, O'Brien argued that the federal law, …

Jones v. North Carolina Prisoners' Union, No. 75-1874 (U.S. Supreme Court) (433 U.S. 119; 97 S.Ct. 2532) (June 23, 1977) (Justice Rehnquist)

Article • March 10, 2000

Filed under: Punch And Jurists, Association - Right of

Jones v. North Carolina Prisoners' Union, No. 75-1874 (U.S. Supreme Court) (433 U.S. 119; 97 S.Ct. 2532) (June 23, 1977) (Justice Rehnquist) by In this case the Court reversed a decision by the district court which held that a prison regulation prohibiting inmates from joining a prison union was invalid, …

Martinez v. Court of Appeals of California, Fourth Appellate Dist., No. 98-7809 (U.S. Supreme Court) (528 U.S. 152; 120 S.Ct. 684) (January 12, 2000) (Justice Stevens)

Article • March 7, 2000 • from P&J December, 1999

Filed under: Punch And Jurists, Pro Se Issues

Martinez v. Court of Appeals of California, Fourth Appellate Dist., No. 98-7809 (U.S. Supreme Court) (528 U.S. 152; 120 S.Ct. 684) (January 12, 2000) (Justice Stevens) by Here the Court held that a criminal defendant's constitutional right to represent himself at trial, that was recognized in Faretta v. California, 422 …

Illinois v. Wardlow, No. 98-1036 (U.S. Supreme Court) (528 U.S. 119; 120 S.Ct. 673) (January 12, 2000) (Justice Rehnquist)

Article • March 7, 2000 • from P&J December, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

Illinois v. Wardlow, No. 98-1036 (U.S. Supreme Court) (528 U.S. 119; 120 S.Ct. 673) (January 12, 2000) (Justice Rehnquist) by In this case the Supreme Court held that the defendant’s presence in an area known for heavy drug trafficking, combined with his unprovoked flight at the mere sight of the …

Conn v. Gabbert, No. 97-1802 (U.S. Supreme Court) (526 U.S. 286; 119 S.Ct. 1292) (April 5, 1999) (Justice Rehnquist)

Article • March 4, 2000 • from P&J March, 1999

Filed under: Liberty Interests, Punch And Jurists

Conn v. Gabbert, No. 97-1802 (U.S. Supreme Court) (526 U.S. 286; 119 S.Ct. 1292) (April 5, 1999) (Justice Rehnquist) by This civil rights case for damages involved a claim by a criminal defense attorney against two prosecutors who executed a search warrant of his attorneys' papers at the same time …

U.S. v. Rodriguez-Moreno, No. 97-1139 (U.S. Supreme Court) (526 U.S. 275; 119 S.Ct. 1239) (March 30, 1999) (Justice Thomas)

Article • March 3, 2000 • from P&J March, 1999

Filed under: Punch And Jurists

U.S. v. Rodriguez-Moreno, No. 97-1139 (U.S. Supreme Court) (526 U.S. 275; 119 S.Ct. 1239) (March 30, 1999) (Justice Thomas) by Here the Court gave wide berth to the Government to select the venue for prosecutions under 18 USC § 924(c)(1), holding that venue was proper in any district where the …

Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia)

Article • March 3, 2000 • from P&J March, 1999

Filed under: Punch And Jurists, Searches - Automobile

Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia) by QUOTE OF THE WEEK - Some thoughts on the "necessity" argument used by Justice Scalia to support of the expansion of the Fourth Amendment to cover searches of the property …

Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia)

Article • March 3, 2000

Filed under: Punch And Jurists, Searches - Automobile

Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia) by This is another case that shows the remaking of the Constitution by Justice Scalia. In its latest decision expanding the authority of the police over motorists and their passengers, Justice …

U.S. v. Takahashi, No. 98-10219 (9th Cir.) (205 F.3d 1161) (March 6, 2000) (Judge Ellsworth A. Van Graafeiland)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Takahashi, No. 98-10219 (9th Cir.) (205 F.3d 1161) (March 6, 2000) (Judge Ellsworth A. Van Graafeiland) by United States v. Hankey, 203 F.3d 1160 (9th Cir. 2000) (Judge Jones) United States v. Takahashi, 205 F.3d 1161 (9th Cir. 2000) (Judge Van Graafeiland) In both of these cases the …

U.S. v. Buford, No. 99-1834 (7th Cir.) (201 F.3d 937) (January 12, 2000) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists

U.S. v. Buford, No. 99-1834 (7th Cir.) (201 F.3d 937) (January 12, 2000) (Judge Frank H. Easterbrook) by In this case the Seventh Circuit addressed an issue that has created a broad split among the Circuits - namely what standards of review should be used to determine whether a defendant's …