Search | Punch and Jurists

O'Dell v. Netherland, No. 96-6867 (U.S. Supreme Court) (521 U.S. 151; 117 S.Ct. 1969) (June 19, 1997) (Justice Thomas)

Article • December 1, 1999

Filed under: Punch And Jurists

O'Dell v. Netherland, No. 96-6867 (U.S. Supreme Court) (521 U.S. 151; 117 S.Ct. 1969) (June 19, 1997) (Justice Thomas) by Here the Court affirmed its long-standing policy that in order to determine whether a court-made rule is "new" under Teague v. Lane, 489 U.S. 288 (1989), a Federal habeas court …

Bono v. Benov, No. 98-55895 (9th Cir.) (197 F.3d 409) (November 22, 1999) (Judge Kim McLane Wardlaw)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Vindictive Prosecution/Sentencing

Bono v. Benov, No. 98-55895 (9th Cir.) (197 F.3d 409) (November 22, 1999) (Judge Kim McLane Wardlaw) by Here the Court held that when the Parole Commission imposed a significantly harser sentence on a prisoner, after he had been successful in two prior habeas proceedings, it engaged in conduct that …

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Footman, No. Crim. 98-CR-10067-NG (D.Mass.) (66 F.Supp.2d 83) (June 1, 1999) (Judge Nancy Gertner) by In analyzing whether the women who were used in a prostition ring should be treated as "vulnerable victims" within the meaning of U.S.S.G. § 3A1.1, (and after the age of the women had …

Burdine v. Johnson, No. CIV. A. H-94-4190 (S.D.Tex.) (66 F.Supp.2d 854) (September 29, 1999) (Judge David Hittner)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Effective Assistance of Counsel

Burdine v. Johnson, No. CIV. A. H-94-4190 (S.D.Tex.) (66 F.Supp.2d 854) (September 29, 1999) (Judge David Hittner) by The petitioner in this capital case moved for writ of habeas corpus on the grounds that his attorney, Joe Frank Cannon, had slept through substantial portions of his trial. Numerous witnesses (jurors …

U.S. v. Rivera, No. 98-1651(L) (2nd Cir.) (196 F.3d 144) (November 22, 1999) (Judge John M. Jr. Walker)

Article • December 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Refusal to assist

U.S. v. Rivera, No. 98-1651(L) (2nd Cir.) (196 F.3d 144) (November 22, 1999) (Judge John M. Jr. Walker) by Section 5K1.2 of the Guidelines flatly states that “[a] defendant’s refusal to assist authorities in the investigation of other persons may not be considered as an aggravating sentencing factor.” That provision …

U.S. v. Dickerson, No. 98-6452 (10th Cir.) (195 F.3d 1183) (October 20, 1999) (Judge Mary Beck Briscoe)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Dickerson, No. 98-6452 (10th Cir.) (195 F.3d 1183) (October 20, 1999) (Judge Mary Beck Briscoe) by This is one of the rare cases dealing with U.S.S.G. § 2D1.8, entitled "Renting or Managing a Drug Establishment." In this case, the defendant was convicted and sentenced for controlling a building …

U.S. v. Pacheco, No. Crim.A. 98-334-4 (E.D.Pa.) (67 F.Supp.2d 495) (September 15, 1999) (Judge Marvin Katz)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Pacheco, No. Crim.A. 98-334-4 (E.D.Pa.) (67 F.Supp.2d 495) (September 15, 1999) (Judge Marvin Katz) by In this case the defendant sought a downward departure at sentencing in her drug case based on a claim of abuse and coercion by her common law husband. She argued that she was …

U.S. v. Yeaman, No. 98-1102 (3rd Cir.) (194 F.3d 442) (October 15, 1999) (Judge Walter K. Stapleton)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Loss - Actual v. Intended

U.S. v. Yeaman, No. 98-1102 (3rd Cir.) (194 F.3d 442) (October 15, 1999) (Judge Walter K. Stapleton) by In this case the Court reversed the district court's determination that no loss had occurred because the insurors had issued insurance policies (and were thus committed to pay the claims) before the …

U.S. v. Martin, No. 98-3831 (8th Cir.) (195 F.3d 1018) (November 18, 1999) (Per Curiam)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Criminal Conduct/Purpose

U.S. v. Martin, No. 98-3831 (8th Cir.) (195 F.3d 1018) (November 18, 1999) (Per Curiam) by The defendant pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), and at sentencing the district court imposed a four-level sentencing enhancement under the provisions …

U.S. v. Tuitt, No. CR. 98-30048 (D.Mass.) (68 F.Supp.2d 4) (September 10, 1999) (Judge Magistrate)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Selective Prosecution/Enforcement

U.S. v. Tuitt, No. CR. 98-30048 (D.Mass.) (68 F.Supp.2d 4) (September 10, 1999) (Judge Magistrate) by Shortly after the advent of the crack-cocaine laws, the courts began to become deluged with claims that the Government was targeting minority groups through selective prosecution tactics. Then, in 1996, the Supreme Court set …

U.S. v. Holland, No. 98-2572 (8th Cir.) (195 F.3d 415) (October 29, 1999) (Judge David R. Hansen)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Prior Conviction/Sentence/Incarceration

U.S. v. Holland, No. 98-2572 (8th Cir.) (195 F.3d 415) (October 29, 1999) (Judge David R. Hansen) by Here the Court held that a prior sentence, committed when the defendant was 17 years old, was a "prior sentence" for purposes of the Guidelines, even though the court had suspended imposition …

Murphy v. Shaw, No. 97-35989 (9th Cir.) (195 F.3d 1121) (November 4, 1999) (Judge Betty Binns Fletcher)

Article • December 1, 1999 • from P&J December, 1999

Filed under: First Amendment, Punch And Jurists

Murphy v. Shaw, No. 97-35989 (9th Cir.) (195 F.3d 1121) (November 4, 1999) (Judge Betty Binns Fletcher) by In this case the plaintiff, who had been trained as an inmate law clerk by his prison, was punished for sending a letter giving legal advice to another inmate who had been …

U.S. v. Harris, No. CR 99-0002-MWB (N.D.Iowa) (66 F.Supp.2d 1017) (September 14, 1999) (Judge Mark W. Bennett)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Harris, No. CR 99-0002-MWB (N.D.Iowa) (66 F.Supp.2d 1017) (September 14, 1999) (Judge Mark W. Bennett) by In this case the Court held that drug quantites need not be pleaded nor proved to obtain a conviction, and the decision is particularly noted for its detailed analysis of Jones v. …

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Miranda

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby) by In this case the Court held that police officers who intentionally violate a suspect's rights under Miranda v. Arizona in order to obtain statements for impeachment purposes …

U.S. v. Rodrigues, No. CRIM. A. CR-98-0686 (E.D.N.Y.) (68 F.Supp.2d 178) (September 28, 1999) (Judge David G. Trager)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Rodrigues, No. CRIM. A. CR-98-0686 (E.D.N.Y.) (68 F.Supp.2d 178) (September 28, 1999) (Judge David G. Trager) by Here the Court held that the suppression of a foreign defendant's statements was not an appropriate remedy for a violation of the Vienna Convention, where he was unable to show that …

Katz v. U.S., No. 98-16298 (9th Cir.) (194 F.3d 962) (October 22, 1999) (Judge David R. Thompson)

Article • December 1, 1999 • from P&J December, 1999

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

Katz v. U.S., No. 98-16298 (9th Cir.) (194 F.3d 962) (October 22, 1999) (Judge David R. Thompson) by Here the Court held that in an excessive force case, a material issue as to whether an officer used excessive force precludes granting a summary judgment motion based on a defense of …

U.S. v. Rodia, No. 98-5522 (3rd Cir.) (194 F.3d 465) (October 20, 1999) (Judge Edward R. Becker)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Pornography/Pornography Laws

U.S. v. Rodia, No. 98-5522 (3rd Cir.) (194 F.3d 465) (October 20, 1999) (Judge Edward R. Becker) by Here the Court held that the jurisdictional element of 18 USC § 2252(a)(4)(B) did not bring that statute within the Commerce Clause, but that the statute did generally regulate an activity having …

Lavista v. Beeler, No. 97-6295 (6th Cir.) (195 F.3d 254) (October 26, 1999) (Judge Gilbert S. Merritt)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists, Exhaustion of Remedies

Lavista v. Beeler, No. 97-6295 (6th Cir.) (195 F.3d 254) (October 26, 1999) (Judge Gilbert S. Merritt) by Wyatt v. Leonard, 193 F.3d 876 (6th Cir. 1999) (Judge Merritt) Lavista v. Beeler, 195 F.3d 254 (6th Cir. 1999) (Judge Merritt) Both of these cases deal with the requirement in the …

U.S. v. Rhynes, No. 97-4465 (4th Cir.) (196 F.3d 207) (October 26, 1999) (Judge Alexander Jr. Williams)

Article • December 1, 1999 • from P&J December, 1999

Filed under: Punch And Jurists

U.S. v. Rhynes, No. 97-4465 (4th Cir.) (196 F.3d 207) (October 26, 1999) (Judge Alexander Jr. Williams) by Here the Court affirmed a district court's decision to strike the testimony of a defense witness who had heard about the testimony of a Government witness from the defendant's attorney during the …

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby)

Article • December 1, 1999 • from P&J December, 1999

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

California Attorneys for Criminal Justice v. Butts, No. 97-56499 (9th Cir.) (195 F.3d 1039) (November 8, 1999) (Judge Jr. William C. Canby) by In this case the Court held that police officers who intentionally violate a suspect's rights under Miranda v. Arizona in order to obtain statements for impeachment purposes …