Search | Punch and Jurists

U.S. v. Paccione, No. 99-1211 (2nd Cir.) (202 F.3d 622) (February 3, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Aggravating Role

U.S. v. Paccione, No. 99-1211 (2nd Cir.) (202 F.3d 622) (February 3, 2000) (Per Curiam) by Here, in a case of first impression for the Second Circuit, the Court addressed the question whether a defendant himself may be included among the "five or more participants" in a criminal activity for …

Ho v. Greene, No. 98-1333 (10th Cir.) (204 F.3d 1045) (February 29, 2000) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Detention - Generally

Ho v. Greene, No. 98-1333 (10th Cir.) (204 F.3d 1045) (February 29, 2000) (Judge Michael R. Murphy) by QUOTE OF THE WEEK - Executive Detention - the Hallmark of the Totalitarian State. "[I]t is well to remember the magnitude of the injury that pretrial detention inflicts and the departure that …

U.S. v. Hankey, No. 98-50359 (9th Cir.) (203 F.3d 1160) (February 18, 2000) (Judge Robert E. Jones)

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

Filed under: Punch And Jurists, Gang Membership

U.S. v. Hankey, No. 98-50359 (9th Cir.) (203 F.3d 1160) (February 18, 2000) (Judge Robert E. Jones) by United States v. Hankey, 203 F.3d 1160 (9th Cir. 2000) (Judge Jones) United States v. Takahashi, No. 98-10219 (9th Cir. 3/6/00) (Judge Van Graafeiland) In both of these cases the Ninth Circuit …

U.S. v. Schorovsky, No. 98-50971 (5th Cir.) (202 F.3d 727) (January 25, 2000) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists

U.S. v. Schorovsky, No. 98-50971 (5th Cir.) (202 F.3d 727) (January 25, 2000) (Judge Henry A. Politz) by In this case, the Court held that the district court had erred by including in the defendant's relevant conduct drugs sold by her conspirators after she had left the drug conspiracy. It …

U.S. v. Real Property, 221 Dana Avenue, No. Civ.A. 98-10205-PBS (D.Mass.) (81 F.Supp.2d 182) (January 3, 2000) (Judge Patti B. Saris)

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

Filed under: Punch And Jurists

U.S. v. Real Property, 221 Dana Avenue, No. Civ.A. 98-10205-PBS (D.Mass.) (81 F.Supp.2d 182) (January 3, 2000) (Judge Patti B. Saris) by Here the Court rejected a spouse's claim that she was an innocent owner of property seized in a drug forfeiture because she had not acquired her interest in …

Benevento v. U.S., No. 96 CIV 7311(JSR) (S.D.N.Y.) (81 F.Supp.2d 490) (January 19, 2000) (Judge Jed S. Rakoff)

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

Filed under: Punch And Jurists

Benevento v. U.S., No. 96 CIV 7311(JSR) (S.D.N.Y.) (81 F.Supp.2d 490) (January 19, 2000) (Judge Jed S. Rakoff) by The defendant in this case was convicted of various drug charges including a charge under the Continuing Criminal Enterprise (CCE) statute, 21 U.S.C. § 848. The defendant alleged that his counsel …

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein)

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

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

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein) by In this case District Judge Weinstein refused to sentence a young woman bank robber to prison because he concluded that incarceration would “debilitate” rather than “rehabilitate” her. Pointing to a number …

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein)

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

Filed under: Punch And Jurists, Combination of Factors/Totality of Circumstances

U.S. v. Blake, No. CR 98-979 (JBW) (E.D.N.Y.) (89 F.Supp.2d 328) (March 15, 2000) (Judge Jack B. Weinstein) by In this case District Judge Weinstein refused to sentence a young woman bank robber to prison because he concluded that incarceration would “debilitate” rather than “rehabilitate” her. Pointing to a number …

U.S. v. Jones, No. 98-CR-359 (D.D.C.) (84 F.Supp.2d 124) (December 13, 1999) (Judge Stanley Sporkin)

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

Filed under: Punch And Jurists, Perjury/Perjured Testimony

U.S. v. Jones, No. 98-CR-359 (D.D.C.) (84 F.Supp.2d 124) (December 13, 1999) (Judge Stanley Sporkin) by Here Judge Sporkin granted a new trial based on newly discovered evidence that a police expert witness had falsified his education and credentials, rejecting a Government claim that the decision would have a precedential …

Rodriquez v. U.S., No. 749 (U.S. Supreme Court) (395 U.S. 327; 89 S.Ct. 1715) (June 2, 1969) (Justice Marshall)

Article • February 29, 2000

Filed under: Punch And Jurists, Strickland Standard

Rodriquez v. U.S., No. 749 (U.S. Supreme Court) (395 U.S. 327; 89 S.Ct. 1715) (June 2, 1969) (Justice Marshall) by Case held that where counsel's failure to file an appeal within the alloted time period precluded an appeal, a habeas petitioner need not specify the grounds he would raise if …

U.S. v. Montalvo-Murillo, No. 89-163 (U.S. Supreme Court) (495 U.S. 711; 110 S.Ct. 2072) (May 29, 1990) (Justice Kennedy)

Article • February 27, 2000

Filed under: Punch And Jurists, Hearings

U.S. v. Montalvo-Murillo, No. 89-163 (U.S. Supreme Court) (495 U.S. 711; 110 S.Ct. 2072) (May 29, 1990) (Justice Kennedy) by Here the Court held that failure to comply with the prompt hearing provisions of the Bail Reform Act (18 U.S.C. § 3142(f)) does not require the release of a person …

Lambrix v. Singletary, No. 96-5658 (U.S. Supreme Court) (520 U.S. 518; 117 S.Ct. 1517) (May 12, 1997) (Justice Scalia)

Article • February 22, 2000

Filed under: Punch And Jurists

Lambrix v. Singletary, No. 96-5658 (U.S. Supreme Court) (520 U.S. 518; 117 S.Ct. 1517) (May 12, 1997) (Justice Scalia) by This case is noted for its amplification of the two exceptions to the rule set forth in Teague v. Lane that a petitioner may not generally take advantage of new …

Press-Enterprise Co. v. Superior Court of California, No. 84-1560 (U.S. Supreme Court) (478 U.S. 1; 106 S.Ct. 2735) (June 30, 1986) (Justice Burger)

Article • February 21, 2000

Filed under: Transcripts, Punch And Jurists

Press-Enterprise Co. v. Superior Court of California, No. 84-1560 (U.S. Supreme Court) (478 U.S. 1; 106 S.Ct. 2735) (June 30, 1986) (Justice Burger) by In this case, the Supreme Court granted certorari to answer the question whether the petitioner had a First Amendment right of access to the transcript of …

Press-Enterprise Co. v. Superior Court of California, No. 82-556 (U.S. Supreme Court) (464 U.S. 501; 104 S.Ct. 819) (January 18, 1984) (Justice Burger)

Article • February 21, 2000

Filed under: Punch And Jurists, Voir Dire

Press-Enterprise Co. v. Superior Court of California, No. 82-556 (U.S. Supreme Court) (464 U.S. 501; 104 S.Ct. 819) (January 18, 1984) (Justice Burger) by The Court held that "No right ranks higher than the right of the accused to a fair trial. But the primacy of the accused's right is …

Jacobson v. U.S., No. 90-1124 (U.S. Supreme Court) (503 U.S. 540; 112 S.Ct. 1535) (April 6, 1992) (Justice White)

Article • February 20, 2000

Filed under: Punch And Jurists, Predisposition/Inducement

Jacobson v. U.S., No. 90-1124 (U.S. Supreme Court) (503 U.S. 540; 112 S.Ct. 1535) (April 6, 1992) (Justice White) by In this case, the defendant was prosecuted for buying child pornography, and convicted, after the Government engaged in an elaborate sting operation. The pornography was furnished him by government agents, …

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White)

Article • February 20, 2000

Filed under: Punch And Jurists, Prejudice - Potential for Undue

U.S. v. Marion, No. 70-19 (U.S. Supreme Court) (404 U.S. 307; 92 S.Ct. 455) (December 20, 1971) (Justice White) by Case held that any statute of limitations incorporates an "irrebutable presumption" that, beyond the period of limitation, "a defendant's right to a fair trial would be prejudiced." (Id., at 322). …

Sealfon v. U.S., No. 174 (U.S. Supreme Court) (332 U.S. 575; 68 S.Ct. 237) (January 5, 2048) (Justice Douglas)

Article • February 11, 2000

Filed under: Punch And Jurists

Sealfon v. U.S., No. 174 (U.S. Supreme Court) (332 U.S. 575; 68 S.Ct. 237) (January 5, 2048) (Justice Douglas) by Here the Court held that after an acquittal for the crime of conspiracy to defraud the U.S., a second trial for the commission of the underlying substantive offense, while permissible …

Briscoe v. LaHue, No. 81-1404 (U.S. Supreme Court) (460 U.S. 325; 103 S.Ct. 1108) (March 7, 1983) (Justice Stevens)

Article • February 10, 2000

Filed under: Punch And Jurists, Perjury/Perjured Testimony

Briscoe v. LaHue, No. 81-1404 (U.S. Supreme Court) (460 U.S. 325; 103 S.Ct. 1108) (March 7, 1983) (Justice Stevens) by The specific question before the court in this case was "whether a police officer who commits perjury during a state court criminal trial should be granted absolute immunity from civil …

City of Cleburne v. Cleburne Living Center, No. 84-468 (U.S. Supreme Court) (473 U.S. 432; 105 S.Ct. 3249) (July 1, 1985) (Justice White)

Article • February 5, 2000

Filed under: Punch And Jurists, Bias/Discrimination

City of Cleburne v. Cleburne Living Center, No. 84-468 (U.S. Supreme Court) (473 U.S. 432; 105 S.Ct. 3249) (July 1, 1985) (Justice White) by Here the Court held that the mentally retarded per se cannot be grouped together as a means for depriving them of their rights and interests without …

Chaffin v. Stynchcombe, No. 71-6732 (U.S. Supreme Court) (412 U.S. 17; 93 S.Ct. 1977) (May 21, 1973) (Justice Powell)

Article • February 2, 2000

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Chaffin v. Stynchcombe, No. 71-6732 (U.S. Supreme Court) (412 U.S. 17; 93 S.Ct. 1977) (May 21, 1973) (Justice Powell) by In North Carolina v. Pearce, 395 U.S. 711(1969), the Supreme Court established the principle of presumptive vindictiveness by announcing a prophylactic rule requiring that "whenever a judge imposes a more …