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U.S. v. Worley, No. 97-6374 (6th Cir.) (193 F.3d 381) (September 29, 1999) (Judge Nathaniel R. Jones)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Consensual Encounters
U.S. v. Worley, No. 97-6374 (6th Cir.) (193 F.3d 381) (September 29, 1999) (Judge Nathaniel R. Jones) by Here the Court established an important distinction between an "acquiesence" to a search and a "consent" to a search, holding that the defendant's acquiesence in the face of a police badge was …
Martinez v. Albuquerque, No. 98-2235 (10th Cir.) (184 F.3d 1123) (June 15, 1999) (Judge Bobby R. Baldock)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Standing, Punch And Jurists
Martinez v. Albuquerque, No. 98-2235 (10th Cir.) (184 F.3d 1123) (June 15, 1999) (Judge Bobby R. Baldock) by In this case the Tenth Circuit held that a would-be civil rights plaintiff's conviction for resisting arrest does not necessarily prevent him, under the rule of Heck v. Humphrey, 512 U.S. 477 …
City of Canton v. Harris, No. 86-1088 (U.S. Supreme Court) (489 U.S. 378; 109 S.Ct. 1197) (February 28, 1989) (Justice White)
Article • August 28, 1999
Filed under: Punch And Jurists, Immunity - Sovereign/Municipal
City of Canton v. Harris, No. 86-1088 (U.S. Supreme Court) (489 U.S. 378; 109 S.Ct. 1197) (February 28, 1989) (Justice White) by In this case, the Court held that deliberate indifference was the minimum standard of culpability necessary to maintain a § 1983 due process action against a municipality for …
U.S. v. Robertson, No. 94-251 (U.S. Supreme Court) (514 U.S. 669; 115 S.Ct. 1732) (May 1, 1995) (Per Curiam)
Article • August 25, 1999
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Robertson, No. 94-251 (U.S. Supreme Court) (514 U.S. 669; 115 S.Ct. 1732) (May 1, 1995) (Per Curiam) by Here the defendant was charged with various narcotics offenses, and with violating 1962(a) of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961 et seq. (1988 ed. and …
Dusky v. U.S., No. 504 (U.S. Supreme Court) (362 U.S. 402; 80 S.Ct. 788) (April 18, 2060) (Per Curiam)
Article • August 15, 1999
Filed under: Punch And Jurists
Dusky v. U.S., No. 504 (U.S. Supreme Court) (362 U.S. 402; 80 S.Ct. 788) (April 18, 2060) (Per Curiam) by Case held that test for competency is whether a defendant has sufficient ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a …
Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy)
Article • August 8, 1999
Filed under: Punch And Jurists, Dismissal
Bank of Nova Scotia v. U.S., No. 87-578 (U.S. Supreme Court) (487 U.S. 250; 108 S.Ct. 2369) (June 22, 1988) (Justice Kennedy) by The Court held that an indictment may be quashed on the basis of prosecutorial misconduct, but only where the Government's misdeeds "substantially influenced the grand jury's decision …
School Board of Nassau County v. Arline, No. 85-1277 (U.S. Supreme Court) (480 U.S. 273; 107 S.Ct. 1123) (March 3, 1987) (Justice Brennan)
Article • August 4, 1999
Filed under: Punch And Jurists, Rehabilitation Act of 1973
School Board of Nassau County v. Arline, No. 85-1277 (U.S. Supreme Court) (480 U.S. 273; 107 S.Ct. 1123) (March 3, 1987) (Justice Brennan) by In tis case, the Supreme Court held that a school teacher who was diagnosed with tuberculosis was a handicapped individual within the meaning of § 504 …
Hubbard v. U.S., No. 94-172 (U.S. Supreme Court) (514 U.S. 695; 115 S.Ct. 1754) (May 15, 1995) (Justice Stevens)
Article • August 2, 1999
Filed under: Punch And Jurists, False Statements, Testimony or Documents
Hubbard v. U.S., No. 94-172 (U.S. Supreme Court) (514 U.S. 695; 115 S.Ct. 1754) (May 15, 1995) (Justice Stevens) by Departing from precedent, the Court held that a federal court is neither a "department" nor an "agency" within the meaning of 18 U.S.C. § 1001 - so that the submitting …
Witt v. Wainwright, No. 84-6325 (U.S. Supreme Court) (470 U.S. 1039; 105 S.Ct. 1415) (March 5, 1985) (Per Curiam)
Article • August 1, 1999
Filed under: Punch And Jurists, Cruel and Unusual Punishment
Witt v. Wainwright, No. 84-6325 (U.S. Supreme Court) (470 U.S. 1039; 105 S.Ct. 1415) (March 5, 1985) (Per Curiam) by This case, in which the Court denied a stay in execution, is noted for Justice Marshall's dissent in which he restated his opposition to capital punishment as a violation of …
U.S. v. Medina, No. 97-50148 (9th Cir.) (181 F.3d 1078) (June 22, 1999) (Judge Edward Leavy)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Exclusionary Rule
U.S. v. Medina, No. 97-50148 (9th Cir.) (181 F.3d 1078) (June 22, 1999) (Judge Edward Leavy) by In Elkins, the Supreme Court rejected the so-called "silver platter doctrine" which holds that evidence illegally seized by state officials can be admitted in a Federal criminal proceeding, so long as the Federal …
U.S. v. Sickinger, No. 98-3851 (8th Cir.) (179 F.3d 1091) (June 14, 1999) (Judge Howard F. Sachs)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists
U.S. v. Sickinger, No. 98-3851 (8th Cir.) (179 F.3d 1091) (June 14, 1999) (Judge Howard F. Sachs) by The Court held that as the term "victim" is used in § 2A4.1, it "rather plainly refers solely to the victim of the kidnapping, and not to persons suffering collateral injury during …
U.S. v. Martin, No. 98-3569 (8th Cir.) (180 F.3d 965) (June 10, 1999) (Judge C. Arlen Beam)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Felon in Possession Statute
U.S. v. Martin, No. 98-3569 (8th Cir.) (180 F.3d 965) (June 10, 1999) (Judge C. Arlen Beam) by The Court firmly held that "Knoweldge of the possible location of a firearm . . . is not a showing of power and intention to exercise dominion and control over an object" …
U.S. v. Ferguson, No. S8 97 CR 786(SAS) (S.D.N.Y.) (49 F.Supp.2d 321) (May 25, 1999) (Judge Shira A. Scheindlin)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists
U.S. v. Ferguson, No. S8 97 CR 786(SAS) (S.D.N.Y.) (49 F.Supp.2d 321) (May 25, 1999) (Judge Shira A. Scheindlin) by In this case Judge Scheindlin reversed two of the RICO convictions on the grounds that no reasonable jury could have found that the defendant's motivation for attempting to shoot a …
U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Character/Reputation/Propensity
U.S. v. Butch, No. Crim. No. 98-390 (D.N.J.) (48 F.Supp.2d 453) (May 3, 1999) (Judge Stephen M. Orlofsky) by The Government moved in limine to exclude any impeachment of a potential witness under Rule 608(b) based on prior conduct of that witness in failing to testify truthfully in a proceeding …
U.S. v. Sorensen, No. 97-50555 (9th Cir.) (179 F.3d 823) (June 8, 1999) (Judge Diarmuid F. O'Scannlain)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Sorensen, No. 97-50555 (9th Cir.) (179 F.3d 823) (June 8, 1999) (Judge Diarmuid F. O'Scannlain) by The Court stated: "In reaching this conclusion, we are persuaded by the Fifth Circuit's recent decision in United States v. Jobe. See 101 F.3d 1046 (5th Cir. 1996). Stanley Jobe was found …
U.S. v. Corona-Maldonado, No. 97-40041-01-DES (D.Kan.) (46 F.Supp.2d 1171) (April 14, 1999) (Judge Dale E. Saffels)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists
U.S. v. Corona-Maldonado, No. 97-40041-01-DES (D.Kan.) (46 F.Supp.2d 1171) (April 14, 1999) (Judge Dale E. Saffels) by In this case, prior to entering his guilty plea, the defendant made specific inquiry of his attorney about the possibility of being deported for this offense. The attorney informed the defendant that this …
U.S. v. Davis, No. 93-3059 (D.C. Cir.) (181 F.3d 147) (July 13, 1999) (Per Curiam)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Admissions
U.S. v. Davis, No. 93-3059 (D.C. Cir.) (181 F.3d 147) (July 13, 1999) (Per Curiam) by The Court observed: "The facts here are similar to those in United States v. Coleman, 631 F.2d 908, 914 (D.C. Cir. 1980), and United States v. Clarke, 24 F.3d 257, 267 (D.C. Cir. 1994), …
U.S. v. Wall, No. 98-50838 (5th Cir.) (180 F.3d 641) (July 8, 1999) (Judge Carolyn Dineen King)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Same course of conduct or common scheme
U.S. v. Wall, No. 98-50838 (5th Cir.) (180 F.3d 641) (July 8, 1999) (Judge Carolyn Dineen King) by This is one of those relevant conduct cases that shows how the Government seeks to expand drug sentences beyond reason. The defendant was initially indicted for various drug offenses arising out of …
U.S. v. Watkins, No. 97-6232 (6th Cir.) (179 F.3d 489) (June 10, 1999) (Judge David D. Jr. Dowd)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists
U.S. v. Watkins, No. 97-6232 (6th Cir.) (179 F.3d 489) (June 10, 1999) (Judge David D. Jr. Dowd) by Citing U.S. v. Jones, 102 F.3d 804, 809 (6th Cir. 1996), the Court stated: "We note that this court has yet to acknowledge that sentencing entrapment, even if proven, constitutes a …
U.S. v. Ferguson, No. S8 97 CR 786(SAS) (S.D.N.Y.) (49 F.Supp.2d 321) (May 25, 1999) (Judge Shira A. Scheindlin)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Burden of Proof
U.S. v. Ferguson, No. S8 97 CR 786(SAS) (S.D.N.Y.) (49 F.Supp.2d 321) (May 25, 1999) (Judge Shira A. Scheindlin) by The Court stated: "A motion for a new trial pursuant to Federal Rule of Criminal Procedure 33 may be granted 'if the interests of justice so require.' Fed.R.Crim.P. 33. Whether …
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