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Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler)
Article • October 1, 1999 • from P&J October, 1999
Filed under: Punch And Jurists, Informants and Paid Witnesses
Bennett v. Drug Enforcement Admin., No. Civ.A. 98-745(GK) (D.D.C.) (55 F.Supp.2d 36) (June 30, 1999) (Judge Gladys Kessler) by This is an astonishing FOIA case which chronicles the exploits of the highest paid confidential informant in DEA history and shows how the Government then seeks to hide that information from …
U.S. v. Schave, No. 98-3691 (7th Cir.) (186 F.3d 839) (August 2, 1999) (Judge Joel L. Flaum)
Article • October 1, 1999 • from P&J October, 1999
Filed under: Punch And Jurists, Association - Right of
U.S. v. Schave, No. 98-3691 (7th Cir.) (186 F.3d 839) (August 2, 1999) (Judge Joel L. Flaum) by The defendant in this case, a member of a white supremacy group, pled guilty to the unlawful possession of an unregistered destructive device, in violation of 26 U.S.C. §§ 5861(d) and 5871. …
Illinois v. Rodriguez, No. 88-2018 (U.S. Supreme Court) (497 U.S. 177; 110 S.Ct. 2793) (June 21, 1990) (Justice Scalia)
Article • September 22, 1999
Filed under: Punch And Jurists, Consent
Illinois v. Rodriguez, No. 88-2018 (U.S. Supreme Court) (497 U.S. 177; 110 S.Ct. 2793) (June 21, 1990) (Justice Scalia) by In this case, the police officers were literally tricked into reasonably believing that the consenting party had actual authority to consent to the search of the premises. The police responded …
Elkins v. U.S., No. 126 (U.S. Supreme Court) (364 U.S. 206; 80 S.Ct. 1437) (June 27, 2060) (Justice Stewart)
Article • September 16, 1999
Filed under: Punch And Jurists, Exclusionary Rule
Elkins v. U.S., No. 126 (U.S. Supreme Court) (364 U.S. 206; 80 S.Ct. 1437) (June 27, 2060) (Justice Stewart) by In this case state police officers procured a search warrant for the defendant's home in an effort to retrieve obscene motion pictures. The search revealed no obscene pictures, but the …
Rogers v. U.S., No. 73-6336 (U.S. Supreme Court) (422 U.S. 35; 95 S.Ct. 2091) (June 17, 1975) (Justice Burger)
Article • September 15, 1999
Filed under: Punch And Jurists, Presence of Defendant
Rogers v. U.S., No. 73-6336 (U.S. Supreme Court) (422 U.S. 35; 95 S.Ct. 2091) (June 17, 1975) (Justice Burger) by In this case, approximately two hours later after the jury retired for deliberations, the jury sent a note, signed by the foreman, to the trial judge, inquiring whether the court …
Yates v. Evatt, No. 89-7691 (U.S. Supreme Court) (500 U.S. 391; 111 S.Ct. 1884) (May 28, 1991) (Justice Souter)
Article • September 14, 1999 • from P&J March, 1999
Filed under: Punch And Jurists
Yates v. Evatt, No. 89-7691 (U.S. Supreme Court) (500 U.S. 391; 111 S.Ct. 1884) (May 28, 1991) (Justice Souter) by In this case, the trial judge charged the jury that murder under South Carolina law "is the unlawful killing of any human being with malice aforethought either express or implied." …
Illinois v. Krull, No. 85-608 (U.S. Supreme Court) (480 U.S. 340; 107 S.Ct. 1160) (March 9, 1987) (Justice Blackmun)
Article • September 12, 1999
Filed under: Punch And Jurists, Exclusionary Rule
Illinois v. Krull, No. 85-608 (U.S. Supreme Court) (480 U.S. 340; 107 S.Ct. 1160) (March 9, 1987) (Justice Blackmun) by Here the Court considered whether a good faith exception to the Fourth Amendment exclusionary rule applied when a police officer's reliance on the constitutionality of a statute is objectively reasonable, …
United Mine Workers v. Bagwell, No. 92-1625 (U.S. Supreme Court) (512 U.S. 821; 114 S.Ct. 2552) (June 30, 1994) (Justice Blackmun)
Article • September 9, 1999
Filed under: Punch And Jurists, Punishment
United Mine Workers v. Bagwell, No. 92-1625 (U.S. Supreme Court) (512 U.S. 821; 114 S.Ct. 2552) (June 30, 1994) (Justice Blackmun) by The Court held that "Underlying the somewhat elusive distinction between civil and criminal contempt fines, and the ultimate question posed in this case, is what procedural protections are …
Camara v. Municipal Court, No. 92 (U.S. Supreme Court) (387 U.S. 523; 87 S.Ct. 1727) (June 15, 2067) (Justice White)
Article • September 1, 1999
Filed under: Punch And Jurists, Consent
Camara v. Municipal Court, No. 92 (U.S. Supreme Court) (387 U.S. 523; 87 S.Ct. 1727) (June 15, 2067) (Justice White) by The Court observed: "The right of officers to thrust themselves into a home is also a grave concern, not only to the individual but to a society which chooses …
U.S. v. Jeter, No. 98-5801 (6th Cir.) (183 F.3d 480) (July 12, 1999) (Judge Ronald Lee Gilman)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Post-Offense Conduct
U.S. v. Jeter, No. 98-5801 (6th Cir.) (183 F.3d 480) (July 12, 1999) (Judge Ronald Lee Gilman) by On a rehearing, this decision was subsequently reversed at 191 F.3d 637 (6th Cir. 1999), where the Court held that the fact that the defendant had engaged in additional criminal conduct after …
U.S. v. Smith, No. 98-10098 (5th Cir.) (184 F.3d 415) (August 5, 1999) (Judge John M. Jr. Duhé)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Kidnapping, Abduction or Unlawful Restraint
U.S. v. Smith, No. 98-10098 (5th Cir.) (184 F.3d 415) (August 5, 1999) (Judge John M. Jr. Duhé) by In this case the defendant pled guilty to an assortment of crimes including kipnapping and carjacking. At sentencing, the district court applied the provisions of U.S.S.G. § 2A4.1(b)(7)(B), which requires that, …
U.S. v. Carnes, No. 97-80057 (E.D.Mich.) (51 F.Supp.2d 829) (June 17, 1999) (Judge Gerald E. Rosen)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. Carnes, No. 97-80057 (E.D.Mich.) (51 F.Supp.2d 829) (June 17, 1999) (Judge Gerald E. Rosen) by In the 8/30/99 issue of P&J, we noted a case, U.S. v. Payne, 181 F.3d 781 (6th Cir. 1999), in which the Sixth Circuit held that evidence seized by a parole officer in …
U.S. v. Ramirez, No. 98-3945 (7th Cir.) (182 F.3d 544) (June 25, 1999) (Judge Ilana Diamond Rovner)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Amendment/Variance
U.S. v. Ramirez, No. 98-3945 (7th Cir.) (182 F.3d 544) (June 25, 1999) (Judge Ilana Diamond Rovner) by This is a mildly surprising decision in which the Seventh Circuit vacated a gun conviction under 18 U.S.C. § 924(c) on the grounds that the Government's proof at trial and the instructions …
Tolbert v. Page, No. 97-55004 (9th Cir.) (182 F.3d 677) (June 28, 1999) (Judge Diarmuid F. O'Scannlain)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Peremptory Challenges
Tolbert v. Page, No. 97-55004 (9th Cir.) (182 F.3d 677) (June 28, 1999) (Judge Diarmuid F. O'Scannlain) by In her dissent, Judge McKeown argued that the Court should undertake a de novo review of the Batson prima facie inquiry, stating: "I believe that a prima facie Batson challenge should be …
U.S. v. Gibbs, No. 96-3383 (6th Cir.) (182 F.3d 408) (July 13, 1999) (Judge Karen Nelson Moore)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Sufficiency of Evidence
U.S. v. Gibbs, No. 96-3383 (6th Cir.) (182 F.3d 408) (July 13, 1999) (Judge Karen Nelson Moore) by See the discussion of the prior decision reported at 174 F.3d 762. This decision, which amends in minor repects and replaces the prior decision, was issued in conjunction with the Court's denial …
U.S. v. Torrez-Ortega, No. 97-8094 (10th Cir.) (184 F.3d 1128) (July 1, 1999) (Judge Carlos Lucero)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Witnesses - Prior Statements/Testimony
U.S. v. Torrez-Ortega, No. 97-8094 (10th Cir.) (184 F.3d 1128) (July 1, 1999) (Judge Carlos Lucero) by here the Court held that a witness who asserts an illegitimate claim of privilege and refuses to answer questions at trial is not sufficiently "available" for cross-examination to satisfy the requirements of the …
U.S. v. Smith, No. 97-2250 (6th Cir.) (182 F.3d 452) (June 28, 1999) (Judge Danny J. Boggs)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Interstate Commerce - Effect on
U.S. v. Smith, No. 97-2250 (6th Cir.) (182 F.3d 452) (June 28, 1999) (Judge Danny J. Boggs) by The Court stated: "Although this Circuit has not published a decision directly on point, in an unpublished opinion one panel reasoned that "the Hobbs Act involves an activity, crimes against small shops, …
U.S. v. Earnest, No. 98-3020 (7th Cir.) (185 F.3d 808) (July 21, 1999) (Judge Michael S. Kanne)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Crack v. Powdered Cocaine
U.S. v. Earnest, No. 98-3020 (7th Cir.) (185 F.3d 808) (July 21, 1999) (Judge Michael S. Kanne) by In its previous decision, reported at 129 F.3d 906, this case was remanded back to the district court for a determination whether the Government had proved the drug was crack for sentencing …
U.S. v. Martinez-Ramos, No. 98-50536 (9th Cir.) (184 F.3d 1055) (July 29, 1999) (Judge Pamela Ann Rymer)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Status as an Alien
U.S. v. Martinez-Ramos, No. 98-50536 (9th Cir.) (184 F.3d 1055) (July 29, 1999) (Judge Pamela Ann Rymer) by The Court stated: "we join the Sixth and Seventh Circuits in holding that deportable status may not be a ground for downward departure from the applicable guideline range for aliens who are …
U.S. v. Salimonu, No. 97-1557 (1st Cir.) (182 F.3d 63) (July 7, 1999) (Judge Norman H. Stahl)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Speedy Trial Clock - Tolling of
U.S. v. Salimonu, No. 97-1557 (1st Cir.) (182 F.3d 63) (July 7, 1999) (Judge Norman H. Stahl) by The Court held: "The delay in bringing Salimonu to trial was indeed overlong, and the district court should have acted with much more expedition. Nonetheless, because a hearing was required on his …
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