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Article • December 1, 1999 • from P&J December, 1999
U.S. v. Huddleston, No. 99-1144 (1st Cir.) (194 F.3d 214) (October 19, 1999) (Judge Bruce M. Selya) by The Court stated the issue as follows: "For many years, the courts of appeals have been divided over what legal standard obtains when a convicted defendant premises a motion for new trial …
U.S. v. Giuffrida, No. Crim. No. 2:98-00095 (S.D.W.Va.) (66 F.Supp.2d 811) (September 17, 1999) (Judge Charles H. II Haden) by
Article • December 1, 1999 • from P&J December, 1999
Hawkins v. Freeman, No. 96-7539 (4th Cir.) (195 F.3d 732) (November 9, 1999) (Judge James Dickson Jr. Phillips) by Here, over the dissent of Judge Murnaghan, the en banc Court reversed a panel's earlier decision granting habeas relief to the petitioner after he was ordered to be reincarcerated following twenty …
Article • December 1, 1999 • from P&J December, 1999
U.S. v. Symington, No. 98-10070 (9th Cir.) (195 F.3d 1080) (June 22, 1999) (Judge Betty Binns Fletcher) by Here the Court reversed a conviction where a juror had been dismissed after deliberationsstarted, holding that if there is any reasonable possibility that the impetus for the dismissal stems from the juror's …
Article • December 1, 1999 • from P&J December, 1999
Maria v. McElroy, No. 98 CV 6596(JBW) (E.D.N.Y.) (68 F.Supp.2d 206) (October 7, 1999) (Judge Jack B. Weinstein) by
Article • November 29, 1999 • from P&J November, 1998
Knowles v. Iowa, No. 97-7597 (U.S. Supreme Court) (525 U.S. 113; 119 S.Ct. 484) (December 8, 1998) (Justice Rehnquist) by Here the Court held that a warrantless search of a vehicle whose driver has been cited for but not arrested for a traffic offense may not be sustained on the …
Article • November 29, 1999
Calderon v. Coleman, No. 98-437 (U.S. Supreme Court) (525 U.S. 141; 119 S.Ct. 500) (December 14, 1998) (Per Curiam) by Here the Court (5-4) summarily reversed the judgment of the Ninth Circuit affirming the district court's grant of habeas relief in this California capital case. The lower court had determined …
Article • November 29, 1999
U.S. v. Gonzales, No. 95-1605 (U.S. Supreme Court) (520 U.S. 1; 117 S.Ct. 1032) (March 3, 1997) (Justice O'Connor) by In this case the defendants were arrested in a drug-sting operation during which two of them pulled guns on undercover agents. They were convicted in a New Mexico State court …
Article • November 27, 1999
U.S. v. Donovan, No. 75-212 (U.S. Supreme Court) (429 U.S. 413; 97 S.Ct. 658) (January 18, 1977) (Justice Powell) by In this case, where the Government failed to identify every target of the wiretap, the Court held that "the ommission on the part of law enforcement authorities was not a …
Article • November 8, 1999
Braxton v. U.S., No. 90-5358 (U.S. Supreme Court) (500 U.S. 344; 111 S.Ct. 1854) (May 28, 1991) (Justice Scalia) by Here the Court reviewed - and declined to resolve - a Circuit split under the then version of § 1B1.2(a) as to whether any "stipulation" as referred to in the …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Farhad, No. 97-10044 (9th Cir.) (190 F.3d 1097) (September 13, 1999) (Per Curiam) by This is an interesting case that deals with the dangers of a defendant acting pro se. Here, the Ninth Circuit rejected a defense claim that the defendant had not knowingly, intelligently and unequivocally waived …
Article • November 1, 1999 • from P&J November, 1999
Filed under: Punch And Jurists
U.S. v. McKee, No. 98-5413 (6th Cir.) (192 F.3d 535) (September 27, 1999) (Judge Nathaniel R. Jones) by In this case the Sixth Circuit joined a number of other Circuits in holding that a tax conviction may be overturned if the IRS violates provisions of its own Tax Manual that …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Romero, No. 98-2358 (7th Cir.) (189 F.3d 576) (August 31, 1999) (Judge Terrence T. Evans) by The defendant in this case was charged with various acts of child molestation. The first issue raised on this appeal is whether Judge Kocoras abused his discretion when he admitted the testimony …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Pearce, No. 98-4416 (4th Cir.) (191 F.3d 488) (September 13, 1999) (Judge Paul V. Niemeyer) by
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Howard, No. Crim. No. 3:99CR112 (E.D.Va.) (63 F.Supp.2d 728) (August 18, 1999) (Judge Richard L. Williams) by
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Orozco, No. 98-50514 (5th Cir.) (191 F.3d 578) (September 29, 1999) (Judge Carl E. Stewart) by United States v. Orozco, 191 F.3d 578 (5th Cir. 1999) (Judge Stewart) United States v. Morales, 191 F.3d 602 (5th Cir. 1999) (Judge Barksdale) In 1957 author Ayn Rand published her classic …
Article • November 1, 1999 • from P&J November, 1999
Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown) by In our Quote of the Week below, we note that columnist Anthony Lewis of The New York Times has predicted that, by the time America’s two million inmates have been released from prison, …
Article • November 1, 1999 • from P&J November, 1999
Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown) by QUOTE OF THE WEEK - “Punishing the Country - America’s Fixation on Prisons” Last week columnist Anthony Lewis of The New York Times noted that, by February 15,2000, the population of America’s prisons …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Skeddle, No. 3:95CR736 (N.D.Ohio) (64 F.Supp.2d 700) (March 5, 1999) (Judge James G. Carr) by The Court stated: "Given the latitude allowed to police officers to speak with-indeed, interrogate and search-citizens in circumstances which have a distinctly greater potential for coercion, there can be no doubt that the …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Morgan, No. 99-6245 (4th Cir.) (193 F.3d 252) (September 21, 1999) (Judge William B. Jr. Traxler) by This case is noted for its discussion of another disturbing prison practice - the forcible use of anti-psychotic drugs on inmates. That’s one of those Pandora box issues: the courts always …
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