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Martin v. Hadix, No. 98-262 (U.S. Supreme Court) (527 U.S. 343; 119 S.Ct. 1998) (June 21, 1999) (Justice O'Connor)
Article • January 29, 2000 • from P&J June, 1998
Filed under: Punch And Jurists, Attorneys' Fees/Expenses
Martin v. Hadix, No. 98-262 (U.S. Supreme Court) (527 U.S. 343; 119 S.Ct. 1998) (June 21, 1999) (Justice O'Connor) by Here the Court held that in a prison case filed before the effective date of the PLRA, the fee limitation provisions of 42 U SC § 1997e(d) applied to legal …
Screws v. U.S., No. 42 (U.S. Supreme Court) (325 U.S. 91; 65 S.Ct. 1031) (May 7, 2045) (Justice Douglas)
Article • January 24, 2000
Filed under: Punch And Jurists, Color of Law
Screws v. U.S., No. 42 (U.S. Supreme Court) (325 U.S. 91; 65 S.Ct. 1031) (May 7, 2045) (Justice Douglas) by In this case, the defendants, a sheriff, a policeman and a special deputy, beat a young man to death in the course of effecting an arrest. The Court found action …
California v. Hodari D., No. 89-1632 (U.S. Supreme Court) (499 U.S. 621; 111 S.Ct. 1547) (April 23, 1991) (Justice Scalia)
Article • January 24, 2000
Filed under: Punch And Jurists, Seizure
California v. Hodari D., No. 89-1632 (U.S. Supreme Court) (499 U.S. 621; 111 S.Ct. 1547) (April 23, 1991) (Justice Scalia) by Here the Court held that for a fleeing suspect to be "seized" within the meaning of the Fourth Amendment, the arresting officer must apply physical force or display a …
Brower v. County of Inyo, No. 87-248 (U.S. Supreme Court) (489 U.S. 593; 109 S.Ct. 1378) (March 21, 1989) (Justice Scalia)
Article • January 24, 2000
Filed under: Punch And Jurists, Seizure
Brower v. County of Inyo, No. 87-248 (U.S. Supreme Court) (489 U.S. 593; 109 S.Ct. 1378) (March 21, 1989) (Justice Scalia) by In this case, the police were chasing a suspect that was driving a stolen car. During the 20 mile chase, police placed an 18-wheel-tractor-trailer across both lanes of …
Stewart v. Martinez-Villareal, No. 97-300 (U.S. Supreme Court) (523 U.S. 637; 118 S.Ct. 1618) (May 18, 1998) (Justice Rehnquist)
Article • January 21, 2000
Filed under: Punch And Jurists
Stewart v. Martinez-Villareal, No. 97-300 (U.S. Supreme Court) (523 U.S. 637; 118 S.Ct. 1618) (May 18, 1998) (Justice Rehnquist) by In this case, the respondent was convicted on two counts of first-degree murder and sentenced to death. He unsuccessfully challenged his conviction and sentence on direct appeal in the Arizona …
County of Riverside v. McLaughlin, No. 89-1817 (U.S. Supreme Court) (500 U.S. 44; 111 S.Ct. 1661) (May 13, 1991) (Justice O'Connor)
Article • January 21, 2000
Filed under: Punch And Jurists, Probable/Proximate Cause
County of Riverside v. McLaughlin, No. 89-1817 (U.S. Supreme Court) (500 U.S. 44; 111 S.Ct. 1661) (May 13, 1991) (Justice O'Connor) by Case held that a probable cause hearing must be held within 48 hours of arrest following an arrest without a warrant, and thereafter the burden shifts to the …
Reno v. Condon, No. 98-1464 (U.S. Supreme Court) (528 U.S. 141; 120 S.Ct. 666) (January 12, 2000) (Justice Rehnquist)
Article • January 19, 2000
Filed under: Punch And Jurists, Interstate Commerce - Effect on
Reno v. Condon, No. 98-1464 (U.S. Supreme Court) (528 U.S. 141; 120 S.Ct. 666) (January 12, 2000) (Justice Rehnquist) by Here the Court unanimously held that the 1994 Driver's Privacy Protection Act (DPPA) (18 U.S.C. §§ 2721-25) is a valid exercise of Congress's Commerce Clause power and does not violate …
New York v. Hill, No. 98-1299 (U.S. Supreme Court) (528 U.S. 110; 120 S.Ct. 659) (January 11, 2000) (Justice Scalia)
Article • January 13, 2000
Filed under: Punch And Jurists, Interstate Agreement on Detainers (IAD)
New York v. Hill, No. 98-1299 (U.S. Supreme Court) (528 U.S. 110; 120 S.Ct. 659) (January 11, 2000) (Justice Scalia) by In this case the Court held that defense counsel waived his client's right under the Interstate Agreement on Detainers Act to disposition of pending charges within 180 days by …
Pennsylvania v. Ritchie, No. 85-1347 (U.S. Supreme Court) (480 U.S. 39; 107 S.Ct. 989) (February 24, 1987) (Justice Powell)
Article • January 9, 2000
Filed under: Punch And Jurists
Pennsylvania v. Ritchie, No. 85-1347 (U.S. Supreme Court) (480 U.S. 39; 107 S.Ct. 989) (February 24, 1987) (Justice Powell) by In this case, a a plurality of the Court interpreted the Confrontation Clause to mean that the right of confrontation is designed simply "to prevent improper restrictions on the types …
Pennsylvania v. Ritchie, No. 85-1347 (U.S. Supreme Court) (480 U.S. 39; 107 S.Ct. 989) (February 24, 1987) (Justice Powell)
Article • January 9, 2000
Filed under: Punch And Jurists, Confrontation Clause/Rights
Pennsylvania v. Ritchie, No. 85-1347 (U.S. Supreme Court) (480 U.S. 39; 107 S.Ct. 989) (February 24, 1987) (Justice Powell) by Case held that where psychiatric, investigative or medical information is privileged or confidential, it is to be turned over to the trial court for an in camera review to balance …
U.S. v. Rojas-Contreras, No. 84-1023 (U.S. Supreme Court) (474 U.S. 231; 106 S.Ct. 555) (December 16, 1985) (Justice Burger)
Article • January 3, 2000
Filed under: Punch And Jurists, Superseding Indictments
U.S. v. Rojas-Contreras, No. 84-1023 (U.S. Supreme Court) (474 U.S. 231; 106 S.Ct. 555) (December 16, 1985) (Justice Burger) by Here the Court held the Speedy Trial Act, and particularly the provisions of § 3161(c)(2), does not require that the 30-day preparation period specified therein be restarted upon the filing …
U.S. v. Russell, No. 71-1585 (U.S. Supreme Court) (411 U.S. 423; 93 S.Ct. 1637) (April 24, 1973) (Justice Rehnquist)
Article • January 3, 2000
Filed under: Punch And Jurists
U.S. v. Russell, No. 71-1585 (U.S. Supreme Court) (411 U.S. 423; 93 S.Ct. 1637) (April 24, 1973) (Justice Rehnquist) by Case held that an agent's infiltration into a drug-making opertation did not violate due process because participation in a criminal enterprise by Government agents is a "reocognized and permissible means …
Hampton v. U.S., No. 74-5822 (U.S. Supreme Court) (425 U.S. 484; 96 S.Ct. 1646) (April 27, 1976) (Justice Rehnquist)
Article • January 3, 2000
Filed under: Punch And Jurists
Hampton v. U.S., No. 74-5822 (U.S. Supreme Court) (425 U.S. 484; 96 S.Ct. 1646) (April 27, 1976) (Justice Rehnquist) by In this case, a Government informant supplied the defendant with the heroin he sold to an undercover Government agent. The defendant claimed that the Government's conduct of being both the …
Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter)
Article • January 2, 2000 • from P&J March, 1999
Filed under: Punch And Jurists, Burden of Proof
Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter) by QUOTE OF THE WEEK - Some observations on the consequences of treating factors that drastically affect a sentence as mere sentencing enhancements which need not be proven to a jury …
U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Double Counting
U.S. v. Farrow, No. 98-4057 (6th Cir.) (198 F.3d 179) (December 8, 1999) (Judge Gerald E. Rosen) by Here the Court held that the district court had impermissibly "double counted" by relying on the same conduct (defendant's use of his car as a dangerous weaon) in determining that he committed …
Damerville v. U.S., No. 98-1057 (7th Cir.) (197 F.3d 287) (November 23, 1999) (Per Curiam)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists
Damerville v. U.S., No. 98-1057 (7th Cir.) (197 F.3d 287) (November 23, 1999) (Per Curiam) by The defendant in this case, a Federal inmate, pled guilty to a charge of distributing marijuana while in prison. Based on two prior drug convictions, the probabtion office recommended that he be sentenced as …
U.S. v. Williams, No. 98-8986 (11th Cir.) (197 F.3d 1091) (December 8, 1999) (Judge James Larry Edmondson)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of
U.S. v. Williams, No. 98-8986 (11th Cir.) (197 F.3d 1091) (December 8, 1999) (Judge James Larry Edmondson) by United States v. Messer, 197 F.3d 330 (9th Cir. 1999) United States v. Williams, 197 F.3d 1091 (11th Cir. 1999) The Speedy Trial Act (18 U.S.C. §§ 3161 et seq.) provides that …
U.S. v. Stephens, No. 99-5309 (3rd Cir.) (198 F.3d 389) (December 28, 1999) (Judge Samuel A. Jr. Alito)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists
U.S. v. Stephens, No. 99-5309 (3rd Cir.) (198 F.3d 389) (December 28, 1999) (Judge Samuel A. Jr. Alito) by Joining seven other Circuits, the Third Circuit held that conduct which is not chargeable because the statute of limitations has expired may be considered as relevant conduct under § 1B1.3(a)(1)(A) in …
U.S. v. Hunter, No. 99-1963 (7th Cir.) (197 F.3d 862) (November 23, 1999) (Judge William J. Bauer)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Punch And Jurists, Pre-Indictment Delay
U.S. v. Hunter, No. 99-1963 (7th Cir.) (197 F.3d 862) (November 23, 1999) (Judge William J. Bauer) by In this case the defendants were arrested on November 4, 1993 for their roles in stealing mail from the U.S. Postal Service, but they were not indicted until nearly five years later, …
U.S. v. Lee, No. 99-499 (E.D.Pa.) (82 F.Supp.2d 389) (January 20, 2000) (Judge Stewart Dalzell)
Article • January 1, 2000 • from P&J January, 2000
Filed under: Bankruptcy, Punch And Jurists
U.S. v. Lee, No. 99-499 (E.D.Pa.) (82 F.Supp.2d 389) (January 20, 2000) (Judge Stewart Dalzell) by In this case, the defendant was an officer of a medical supply company that filed for Chapter 11 relief a few months after being suspended as a Medicare provider. The company had leased special …
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