Search | Punch and Jurists

U.S. v. Stevens, No. 98-30289 (9th Cir.) (197 F.3d 1263) (December 2, 1999) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Heartland Departures

U.S. v. Stevens, No. 98-30289 (9th Cir.) (197 F.3d 1263) (December 2, 1999) (Judge Susan P. Graber) by In this case the Court rejected a downward "heartland" departure in a pronography case based on the harms addressed by the statute, stating that such departures must be based a comparision of …

U.S. v. Sawyer, No. Cr.A. 96-10312EFH (D.Mass.) (74 F.Supp.2d 88) (November 15, 1999) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists

U.S. v. Sawyer, No. Cr.A. 96-10312EFH (D.Mass.) (74 F.Supp.2d 88) (November 15, 1999) (Judge Edward F. Harrington) by This is a rare decision in which Judge Harrington granted a Writ of Coram Nobis to vacate a conviction and expunge the defendant’s criminal record, after the defendant had pled guilty and …

U.S. v. Sawyer, No. Cr.A. 96-10312EFH (D.Mass.) (74 F.Supp.2d 88) (November 15, 1999) (Judge Edward F. Harrington)

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

Filed under: Punch And Jurists, Overreaching

U.S. v. Sawyer, No. Cr.A. 96-10312EFH (D.Mass.) (74 F.Supp.2d 88) (November 15, 1999) (Judge Edward F. Harrington) by QUOTE OF THE WEEK - The dangers of using “obscure or strained interpretations of state law” as a “jurisdictional hook” to commence Federal prosecutions. “[T]his Court re-emphasizes the threat to the liberty …

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner) by In this case, Judge Gertner granted a defendant a downward departure for "extraordinary" family obligations and work history; and in the process she outlined a procedure for determining whether a defendant's employment …

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner)

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

Filed under: Punch And Jurists, Employment Record

U.S. v. Thompson, No. Crim. No. 98-10332 (D.Mass.) (74 F.Supp.2d 69) (November 8, 1999) (Judge Nancy Gertner) by In this case Judge Gertner concluded that the proper method for determining whether a defendant's employment record justified a departure was to compare his circumstances to others convicted of the same crime. …

U.S. v. Smith, No. 98-10297 (9th Cir.) (196 F.3d 1034) (November 12, 1999) (Judge Charles E. Wiggins)

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

Filed under: Punch And Jurists

U.S. v. Smith, No. 98-10297 (9th Cir.) (196 F.3d 1034) (November 12, 1999) (Judge Charles E. Wiggins) by In rejecting the defendant's argument that the Government had violated the provisions of the Federal Anti-Gratuity Statute (18 U.S.C. § 201(c)(2)) by granting a witness immunity in exchange for his testimony, the …

U.S. v. Ayala, No. S9 97 CR 768 SAS (S.D.N.Y.) (75 F.Supp.2d 126) (July 26, 1999) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Family Circumstances

U.S. v. Ayala, No. S9 97 CR 768 SAS (S.D.N.Y.) (75 F.Supp.2d 126) (July 26, 1999) (Judge Shira A. Scheindlin) by This case raises two interesting peripheral attacks by the Government on the propriety of granting a downward sentencing departure based on family ties and responsibilities under U.S.S.G. § 5H1.6. …

U.S. v. Watts, No. CR 98-1123(ARR) (E.D.N.Y.) (72 F.Supp.2d 106) (September 3, 1999) (Judge Allyne R. Ross)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Watts, No. CR 98-1123(ARR) (E.D.N.Y.) (72 F.Supp.2d 106) (September 3, 1999) (Judge Allyne R. Ross) by In this case Judge Ross granted a motion for acquittal to three defendants who had been convicted of various crimes arising out of the filing of an allegedly false residential loan application …

Bell v. Jarvis, No. 98-7002 (4th Cir.) (198 F.3d 432) (December 2, 1999) (Judge John D. Jr. Butzner)

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

Filed under: Punch And Jurists, Closure of Courtroom

Bell v. Jarvis, No. 98-7002 (4th Cir.) (198 F.3d 432) (December 2, 1999) (Judge John D. Jr. Butzner) by This case is noted for its review of the constitutional importance of public trials; and what is particularly significant is the sweeping scope of the Court’s language. For example, the Court …

U.S. v. Caceres, No. 76-1309 (U.S. Supreme Court) (440 U.S. 741; 99 S.Ct. 1465) (April 2, 1979) (Justice Stevens)

Article • December 28, 1999

Filed under: Punch And Jurists, Exclusionary Rule

U.S. v. Caceres, No. 76-1309 (U.S. Supreme Court) (440 U.S. 741; 99 S.Ct. 1465) (April 2, 1979) (Justice Stevens) by In this case the Court rejected a per se rule that every violation of the IRS Manual was tantamount to a due process violation; and the Court did leave open …

U.S. v. Hasting, No. 81-1463 (U.S. Supreme Court) (461 U.S. 499; 103 S.Ct. 1974) (May 23, 1983) (Justice Burger)

Article • December 26, 1999

Filed under: Punch And Jurists, Supervisory Powers

U.S. v. Hasting, No. 81-1463 (U.S. Supreme Court) (461 U.S. 499; 103 S.Ct. 1974) (May 23, 1983) (Justice Burger) by The Court stated that federal courts "may, within limits, formulate procedural rules not specifically required by the Constitution or the Congress. The purposes underlying use of the supervisory powers are …

Flippo v. West Virginia, No. 98-8770 (U.S. Supreme Court) (528 U.S. 11; 120 S.Ct. 7) (October 18, 1999) (Per Curiam)

Article • December 26, 1999

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

Flippo v. West Virginia, No. 98-8770 (U.S. Supreme Court) (528 U.S. 11; 120 S.Ct. 7) (October 18, 1999) (Per Curiam) by Here the Court held that there is no "crime scene exception" to the Fourth Amendment's requirement for a search warrant, thus suppressing photographs the police removed from a briefcase …

Melendez v. U.S., No. 95-5661 (U.S. Supreme Court) (518 U.S. 120; 116 S.Ct. 2057) (June 17, 1996) (Justice Thomas)

Article • December 23, 1999

Filed under: Punch And Jurists, Refusal to file motion

Melendez v. U.S., No. 95-5661 (U.S. Supreme Court) (518 U.S. 120; 116 S.Ct. 2057) (June 17, 1996) (Justice Thomas) by In this case, the United States Supreme Court addressed whether a Government motion verifying the defendant’s substantial assistance in a criminal investigation and requesting that the district court depart below …

Wood v. Bartlolomew, No. 94-1419 (U.S. Supreme Court) (516 U.S. 1; 116 S.Ct. 7) (October 10, 1995) (Per Curiam)

Article • December 21, 1999

Filed under: Punch And Jurists, Materiality

Wood v. Bartlolomew, No. 94-1419 (U.S. Supreme Court) (516 U.S. 1; 116 S.Ct. 7) (October 10, 1995) (Per Curiam) by In this case, the Supreme Court held that a prosecutor has no constitutional duty even to disclose to a criminal defendant the fact that a witness against him has "failed" …

U.S. v. Brignoni-Ponce, No. 74-114 (U.S. Supreme Court) (442 U.S. 873; 95 S.Ct. 2574) (June 30, 1975) (Justice Powell)

Article • December 14, 1999

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Brignoni-Ponce, No. 74-114 (U.S. Supreme Court) (442 U.S. 873; 95 S.Ct. 2574) (June 30, 1975) (Justice Powell) by In this case, the Court essentially departed from the need for "probable cause" to make stops of motorists suspected of engaging in criminal activity at the nation's borders and their …

U.S. v. Ursery, No. 95-345 (U.S. Supreme Court) (518 U.S. 267; 116 S.Ct. 2135) (June 24, 1996) (Justice Rehnquist)

Article • December 13, 1999

Filed under: Punch And Jurists

U.S. v. Ursery, No. 95-345 (U.S. Supreme Court) (518 U.S. 267; 116 S.Ct. 2135) (June 24, 1996) (Justice Rehnquist) by In this case, the Supreme Court held that a criminal case coupled with a civil in rem proceeding is not double punishment under the Fifth Amendment’s double jeopardy clause. In …

Herring v. New York, No. 73-6587 (U.S. Supreme Court) (422 U.S. 853; 95 S.Ct. 2550) (June 30, 1975) (Justice Stewart)

Article • December 11, 1999

Filed under: Punch And Jurists

Herring v. New York, No. 73-6587 (U.S. Supreme Court) (422 U.S. 853; 95 S.Ct. 2550) (June 30, 1975) (Justice Stewart) by In this case the Court set out the principle that the "closing argument for the defense is a basic element of the adversary fact finding process in a criminal …

Bennis v. Michigan, No. 94-8729 (U.S. Supreme Court) (516 U.S. 442; 116 S.Ct. 134) (March 4, 1996) (Justice Rehnquist)

Article • December 9, 1999

Filed under: Punch And Jurists

Bennis v. Michigan, No. 94-8729 (U.S. Supreme Court) (516 U.S. 442; 116 S.Ct. 134) (March 4, 1996) (Justice Rehnquist) by Here the Court upheld the the seizure of a wife's car that had been used by her husband in an act of prositution, ruling that a State's failure to provide …

Palermo v. U.S., No. 471 (U.S. Supreme Court) (360 U.S. 343; 79 S.Ct. 1217) (June 22, 2059) (Justice Frankfurter)

Article • December 7, 1999

Filed under: Punch And Jurists, Brady/Giglio/Jencks Act Issues

Palermo v. U.S., No. 471 (U.S. Supreme Court) (360 U.S. 343; 79 S.Ct. 1217) (June 22, 2059) (Justice Frankfurter) by In his concurring opinion, Justice Brennan stated: "Congress had no thought to invade the traditional discretion of trial judges in evidentiary matters beyond checking extravagant interpretations of our decision in …

Braswell v. U.S., No. 87-3 (U.S. Supreme Court) (487 U.S. 99; 108 S.Ct. 2284) (June 22, 1988) (Justice Rehnquist)

Article • December 3, 1999

Filed under: Punch And Jurists

Braswell v. U.S., No. 87-3 (U.S. Supreme Court) (487 U.S. 99; 108 S.Ct. 2284) (June 22, 1988) (Justice Rehnquist) by Here the Court held that a custodian of corporate records may not "resist a subpoena for such records on the ground that the act of production would incriminate him in …