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Wray v. Johnson, No. 98-2680 (2nd Cir.) (202 F.3d 515) (February 2, 2000) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Identification Evidence and Testimony

Wray v. Johnson, No. 98-2680 (2nd Cir.) (202 F.3d 515) (February 2, 2000) (Judge Amalya Lyle Kearse) by Here the Second Circuit held that the admission of highly suspect and unreliable lineup identification evidence (that was later recanted by the victim of a robbery himself) violated the petitioner's dur process …

U.S. v. Tasy, No. 99-1758 (8th Cir.) (203 F.3d 1060) (February 10, 2000) (Judge Donald P. Lay)

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

Filed under: Punch And Jurists, Interstate Commerce - Effect on

U.S. v. Tasy, No. 99-1758 (8th Cir.) (203 F.3d 1060) (February 10, 2000) (Judge Donald P. Lay) by In this case the defendants were accused of shipping stolen computers in interstate commerce, but the Court concluded that the Government had failed to prove its case. It summarized its conclusion by …

U.S. v. Matta-Timmins, No. Crim.A. 99-10116 (D.Mass.) (81 F.Supp.2d 193) (March 3, 2000) (Judge Patti B. Saris)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Matta-Timmins, No. Crim.A. 99-10116 (D.Mass.) (81 F.Supp.2d 193) (March 3, 2000) (Judge Patti B. Saris) by

Maddox v. Elize, No. Crim.A. 96-151 (SS) (D.D.C.) (83 F.Supp.2d 113) (December 23, 1999) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Maddox v. Elize, No. Crim.A. 96-151 (SS) (D.D.C.) (83 F.Supp.2d 113) (December 23, 1999) (Judge Stanley Sporkin) by In 1996, the defendant in this case, while on parole from a 1981 District of Columbia conviction, was arrested and charged with being a felon in possession of a firearm. Three times …

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt) by In this case, the district court denied the defendant's request to represent himself at trial because he decided that the defendant did not know enough about the legal issues in the case. After …

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood) by This is a rare case in which the Court reversed four convictions because the district court (Judge Hart) had refused to excuse, for cause, a potential juror who had worked - for …

U.S. v. McGlory, No. 97-3057 (3rd Cir.) (202 F.3d 664) (February 2, 2000) (Judge Dolores K. Sloviter)

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

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. McGlory, No. 97-3057 (3rd Cir.) (202 F.3d 664) (February 2, 2000) (Judge Dolores K. Sloviter) by Here the Court held that when the DEA gives notice of an administrative forfeiture to a defendant who is in prison, it must send that notice directly to his place of incarceration; …

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood)

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

Filed under: Punch And Jurists, Bias/Discrimination

U.S. v. Polichemi, No. 96-3866 (7th Cir.) (201 F.3d 858) (January 13, 2000) (Judge Diane P. Wood) by QUOTE OF THE WEEK - The Sixth Amendment right to an impartial jury in the Seventh Circuit Despite the Seventh Circuit’s ruling in the Polchemi case, a review of some of its …

U.S. v. Beckett, No. 99-1135 (3rd Cir.) (208 F.3d 140) (March 21, 2000) (Judge Richard L. Nygaard)

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

Filed under: Punch And Jurists, Same course of conduct or common scheme

U.S. v. Beckett, No. 99-1135 (3rd Cir.) (208 F.3d 140) (March 21, 2000) (Judge Richard L. Nygaard) by Here the Court held that the definition of "common scheme or plan" as used in the relevant conduct provisions of the Guidelines does not apply to the career offender provisions of § …

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (208 F.3d 1122) (April 11, 2000) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (208 F.3d 1122) (April 11, 2000) (Judge Stephen Reinhardt) by The Ninth Circuit strikes back! Perhaps tired of its label as the Circuit most reversed by the Supreme Court, the Ninth Circuit sharply challenged the Supreme Court by holding in this case that …

U.S. v. Woodrum, No. 99-1797 (1st Cir.) (202 F.3d 1) (January 20, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Woodrum, No. 99-1797 (1st Cir.) (202 F.3d 1) (January 20, 2000) (Judge Bruce M. Selya) by In the case, the Government contended, and the panel agreed, that a taxi driver's voluntary participation in a Taxi Inspection Program for Safety (TIPS), granted the police the right to search any …

U.S. v. Clark, No. 98-20550 (5th Cir.) (203 F.3d 358) (February 8, 2000) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists

U.S. v. Clark, No. 98-20550 (5th Cir.) (203 F.3d 358) (February 8, 2000) (Judge Will L. Garwood) by This case, dealing with a challenge to an Armed Career Criminal Act conviction under 18 USC § 924(e)(1), is noted principally for its detailed discussion of the Supreme Court's holding in Custis …

U.S. v. Santana, No. Crim. 99-097 (D.Puerto Rico) (83 F.Supp.2d 224) (November 4, 1999) (Judge Jose Antonio Fuste)

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

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Santana, No. Crim. 99-097 (D.Puerto Rico) (83 F.Supp.2d 224) (November 4, 1999) (Judge Jose Antonio Fuste) by QUOTE OF THE WEEK - Federal prosecutors and the need for accountability. “If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is …

U.S. v. Byrne, No. 98-50405 (9th Cir.) (203 F.3d 671) (January 31, 2000) (Judge James Ware)

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

Filed under: Punch And Jurists

U.S. v. Byrne, No. 98-50405 (9th Cir.) (203 F.3d 671) (January 31, 2000) (Judge James Ware) by On a motion for reconsideration, the Ninth Circuit somewhat modified its earler decision reported at 192 F.3d 888, this time stating: "In the present case, we need hold only that the Double Jeopardy …

Nyhuis v. Reno, No. 98-3543 (3rd Cir.) (204 F.3d 65) (February 15, 2000) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Exhaustion of Remedies

Nyhuis v. Reno, No. 98-3543 (3rd Cir.) (204 F.3d 65) (February 15, 2000) (Judge Edward R. Becker) by Here, joining a few Circuits, the Fourth Circuit held that the PLRA requires prisoners to exhaust all avaiable administrative remedies before bringing a Federal lawsuit, even if such remdies are incapable of …

U.S. v. Black, No. 98-8056 (10th Cir.) (201 F.3d 1296) (January 27, 2000) (Judge Robert H. Henry)

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

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Black, No. 98-8056 (10th Cir.) (201 F.3d 1296) (January 27, 2000) (Judge Robert H. Henry) by in this case, the defendant first argued that the waiver of appellate review set forth in his plea agreement was invalid because the district court itself did not address the waiver provision …

U.S. v. Williams, No. 99-1327 (2nd Cir.) (205 F.3d 23) (February 23, 2000) (Judge Joseph M. McLaughlin)

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

Filed under: Punch And Jurists

U.S. v. Williams, No. 99-1327 (2nd Cir.) (205 F.3d 23) (February 23, 2000) (Judge Joseph M. McLaughlin) by In this case, the defendant, Williams, was convicted of one count of conspiracy to import cocaine and one count of importation of cocaine. The defendant and two co-conspirators were involved in importing …

U.S. v. Padilla, No. 98-1360 (2nd Cir.) (203 F.3d 156) (February 7, 2000) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Strickland Standard

U.S. v. Padilla, No. 98-1360 (2nd Cir.) (203 F.3d 156) (February 7, 2000) (Judge John M. Jr. Walker) by Second Circuit hed that the defendants' Sixth Amendment right to counsel was not violated when a court order prevented their attorneys from telling them that they were being investigated for alleged …

U.S. v. Turner, No. 99-1536 (7th Cir.) (203 F.3d 1010) (February 16, 2000) (Judge Harlington Jr. Wood)

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

Filed under: Punch And Jurists

U.S. v. Turner, No. 99-1536 (7th Cir.) (203 F.3d 1010) (February 16, 2000) (Judge Harlington Jr. Wood) by In this case, while discussing with counsel the procedural aspects of presenting witnesses, the district court stated: "I take it there is going to be a motion to sequester witnesses" - to …

Florida v. J.L., No. 98-1993 (U.S. Supreme Court) (529 U.S. 266; 120 S.Ct. 1375) (March 28, 2000) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Anonymous Tip

Florida v. J.L., No. 98-1993 (U.S. Supreme Court) (529 U.S. 266; 120 S.Ct. 1375) (March 28, 2000) (Justice Ginsburg) by Here the Court held that an anonymous tip that a person of a specific description is carrying a firearm is not enough, by itself, to provide the reasonable suspicion required …